On June 13, 2014, the new law implementing the EU Consumer Rights Directive came into force in Germany. Since then, people looking for real estate can withdraw from contracts concluded off-premises within 14 days of initial contact without giving reasons. The right of withdrawal applies exclusively to estate agent contracts. In other words, it concerns the contract between you and us as the agent. Brokered purchase or rental contracts remain effective and unaffected.
Waiver of waiting times
Now, according to the will of the legislator, estate agents must wait 14 days together with the prospective buyer to ensure that the prospective buyer is certain. If he is informed incorrectly, incompletely or not at all, the right of withdrawal is even extended by a full year and 14 days. However, as it can be particularly important for tenancy agreements to be brokered quickly, most interested parties expressly insist that the estate agent acts on their behalf before the deadline expires. To make this possible, they accept the additional expense and clear the hurdles of the right of withdrawal. Although many interested parties are not even aware that an inquiry at our offices also constitutes a brokerage contract with my company, there is no provision for revocation instructions within business premises. There, thanks to the legislator, everything remains as usual.
Teaching instead of serving?
However, if you make your request outside our offices, you will first have to undergo an instruction and, if necessary, waive the 14-day right of withdrawal in writing. Unfortunately, this is unavoidable. While the new right of withdrawal in online trading is to be welcomed, the question arises as to its meaning in the real estate world. On behalf of my team, I can only ask you to accept the bureaucracy and inconvenience that this entails. Even if it may seem cumbersome, we are all obliged 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 if the offer is successful and if they are expressly informed that commission is payable. We are pleased to note an ever-increasing willingness on the part of owners to accept commission-free offers. They are particularly well marked and create greater transparency.
Right of withdrawal for consumers
You have the right to withdraw from 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, info@immobilien-lindstedt.de] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the service provided for in the contract.
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