New revocation law
Revocation in real estate agent agreements
The consumer knows the right of withdrawal already from other areas, eg. from the online ecommerce. According to the EU legislation this now also applies to contracts with real estate agents concluded with consumers from remote (e-mail, fax, telephone, Internet, etc.) or outside the premises of the real estate agent (Consumer Rights Directive 2011/83 / EU). Since 13 June 2014 (Federal Law Part. No. I 2013. 58, p 3642) the real estate agent is legally required to inform any interested customers about their right of withdrawal/revocation.
What you should know as a customer!
• A real estate agent agreement is already concluded according to the German law (Bundesgerichtshof BGH), if you want to learn more information about the property and you are aware of the commission obligation and avail the services (on-site inspection, more information, etc.) from the real estate agent (BGH, by judgement of 03.05.2012 – III ZR 62/11).
• You must – as before – only pay a commission when it comes to the conclusion of a rental agreement and this is due to the activities of the real estate agent.
• You do not sign further obligations when you confirm the real estate agent the receipt of the revocation. Visits, etc. – as before – will not be invoiced and if you only want to view the property first this is still free of charge.
• You as customer have the right to revoke the real estate contract within 14 days.
• If after visiting the property you have no interest in the property you don’t need – as before – to do anything, not even revoke. Your real estate agent will not invoice you.
• Your broker can not exclude the right of withdrawal and you can not exclude it either, because both are legally bound by this law. Does the real estate agent fulfills all his duties, you can loose your right of withdrawal before the withdrawal period of 14 days (§ 356 para. 4 BGB nF). The real estate service has been provided, if you had “the opportunity to conclude the rental agreement (§ 652 BGB) or in other words, you have negotiated and signed the lease or rental agreement of the property.
• The wording of the revocation clause is prescribed by law (Federal Law Part I 2013 no. 58, p 3642) and your real estate agent has no influence to change it. The same applies to the optional declarations to pay compensation and to premature extinction as this also focus closely on the wording of the law of the Civil Code (§§ 356 para. 4, 357 para. 8 BGB). If your real estate agent wants you to sign a separate agreement for the revocation clause you DO NOT enter into a separate agreement! Otherwise you would have to wait 14 days before the address and name of the landlord can be disclosed.
• If you have had the experience that other real estate agencies did not informed you about this consumer law, it is because that the regulations are still very new and KLINGER Immobilien is already one step further.
• Do you still have doubts? Ask any consumer advice center or any association of real estate agents to get neutral opinion on that.
Who else is affected?
Consumer right of withdrawal applies not only to brokerage contracts, but also for a variety of other contracts in real estate.