On June 13, 2014, the new law implementing the EU Consumer Rights Directive came into force in Germany. Since then, real estate seekers have been able to withdraw from off-premises contracts within 14 days of initial contact without giving any reason. The right of withdrawal applies exclusively to brokerage contracts. In other words, it concerns the contract between you and us as intermediaries. Brokered purchase or rental contracts remain effective and unaffected.
Waiver of waiting times
Now, according to the will of the legislator, brokers must wait 14 days together with the prospective buyer to make sure that the prospective buyer is sure. If he is instructed incorrectly, incompletely or not at all, the right of withdrawal is even extended by a full year and 14 days. However, since quick mediation can be particularly important in the case of leases, most prospective buyers expressly insist that the broker act on their behalf before the deadline expires. To make this possible, they accept additional effort and clear the hurdles of the right of withdrawal. Although many interested parties are not even aware that the inquiry in our offices also establishes a brokerage contract with my company, no revocation instruction is provided within business premises. There, thanks to the legislator, everything remains as usual.
Teach instead of serve?
If you make your request outside our offices, however, you must first undergo a briefing and, if necessary, waive the 14-day right of withdrawal in writing. Unfortunately, this is unavoidable. While the new right of withdrawal is to be welcomed in online commerce, the question of its meaning arises in the real estate world. On behalf of my team, I can only ask that you accept the bureaucracy and inconvenience it entails. Even though it may seem cumbersome, we are all under a mandatory obligation to comply fully with the law.
In any case, our customers and their wishes remain the focus of our interest. Interested parties only pay us in the event of success and if they are expressly informed that the offer is subject to commission. We are pleased to note that owners are increasingly willing to accept commission-free offers. They are particularly well marked and create greater transparency.
Right of withdrawal for consumers
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must contact us [Immobilien Lindstedt Management GmbH & Co.KG, Schumannstrasse 27, 60325 Frankfurt am Main, email@example.com] by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.