What formal requirements apply to brokerage contracts and when do buyers How the right of withdrawal works for brokerage contracts concluded online or by telephone.
Consumers who have entered into a real estate agent contract online or by telephone can often revoke it, even after the property purchase has been notarized. The purchase agreement remains valid; only the commission paid can be reclaimed. Rogert & Ulbrich will examine whether you have a right of revocation and enforce the refund claim.
How to revoke a brokerage contract
If a consumer concludes a distance contract, i.e., without personal contact with the business, they have a right of withdrawal pursuant to Section 312g Paragraph 1 in conjunction with Section 355 of the German Civil Code (BGB). The Federal Court of Justice (BGH) has clarified that brokerage contracts also fall under this category. With two landmark rulings on July 7, 2016, it confirmed the right of withdrawal for brokerage contracts concluded online or by telephone.
If the consumer effectively revokes the contract, the broker's commission claim lapses. Any commission already paid can be reclaimed. This was confirmed by the Federal Court of Justice in its ruling of March 14, 2019, when a consumer revoked her brokerage contract because she had not received a cancellation policy.
You have paid a real estate agent's commission and are wondering if a cancellation is still possible? Have your case reviewed.
When a brokerage contract is a distance selling contract
The right of withdrawal requires a distance selling contract. According to § 312c of the German Civil Code (BGB), such a contract exists when the broker and the customer use exclusively means of distance communication for contract negotiations and conclusion. This includes telephone calls, emails, letters, and online forms.
In practice, this is often the case. Those who submit an inquiry via a real estate portal and receive a property listing in return often conclude the brokerage agreement via email or an online form long before a viewing takes place. The crucial point is that there was no personal contact prior to the engagement. A subsequent meeting for a viewing does not change this.
- Fulfilled: Commissioning via email, through the contact form of a portal or by telephone, without a prior personal meeting.
- Not fulfilled: Commissioning in a personal meeting at the real estate agency with all parties present.
Unsure whether your brokerage contract was concluded remotely? A quick review of your correspondence will clarify things.
The decisive advantage: the purchase agreement remains valid
Many buyers hesitate to exercise their right of withdrawal because they fear jeopardizing the property purchase. This concern is unfounded. The withdrawal only affects the brokerage agreement, not the notarized purchase agreement for the property.
This means you keep the purchased apartment or house and simultaneously get your paid commission back. Especially since the commission can amount to a considerable sum depending on the region, this is a significant financial advantage. The purchase agreement and the brokerage agreement are legally separate.
Do you want your commission back without affecting the purchase? We'll check if a cancellation is possible in your case.
The cancellation period: 14 days and when it is extended
According to Section 355 Paragraph 2 of the German Civil Code (BGB), the cancellation period is generally 14 days and begins upon conclusion of the contract. However, it only starts running once the real estate agent has properly informed the customer about their right of cancellation. If this information is missing or incorrect, the start of the cancellation period is postponed.
In this case, the cancellation period is extended to up to 12 months and 14 days from the conclusion of the contract, according to Section 356 Paragraph 3 of the German Civil Code (BGB). Cancellation is possible within this extended period, often even after viewing the property and concluding the purchase agreement. However, newer contracts do not offer an unlimited right of cancellation. The requirements for proper instruction and common errors are the subject of a separate article.
Not sure if your deadline is still running? Have the start date and any possible extensions checked.
No compensation for lack of instruction
An important question is whether the real estate agent can demand compensation for services already rendered if the contract is cancelled. According to the rules on compensation for services already rendered in Section 357a of the German Civil Code (BGB), this is only possible if the consumer has expressly requested early performance and has been properly informed beforehand about their right of withdrawal and the obligation to pay compensation for services already rendered.
If such proper instruction is lacking, there is no entitlement to compensation. For you as the buyer, this means: You will receive the full amount of the commission paid back and do not have to pay anything for the broker's services. The Federal Court of Justice has confirmed this consequence in its case law.
Did you receive no cancellation policy or only an unclear one? This could support your claim for a refund; we will review the documents.
What buyers should do now
Revocation is one of several ways to reclaim paid real estate agent commissions. Other options include a violation of the principle of equal division and the invalidity of faulty online order buttons. A systematic review will determine which approach is most effective. These steps will help:
- Collect documentsBrokerage agreement, all correspondence, property details, any cancellation policy, purchase agreement and proof of payment.
- Clarify the contractual processWas the brokerage agreement concluded exclusively via email, telephone or an online form?
- Check instructionWas a cancellation policy provided, and was it complete and correct?
- Have it legally reviewedA legal assessment clarifies whether a revocation is possible and how it is declared.
Since the deadline varies depending on the instructions, you shouldn't wait too long. Send us your documents and we'll review your options.
Rogert & Ulbrich – Your lawyers in real estate law
Rogert & Ulbrich has been consistently representing consumers against excessive demands and invalid contracts for years. The firm was founded by Dr. Marco Rogert and Tobias Ulbrich and has handled over 40,000 cases and filed more than 25,000 lawsuits. In real estate law, the focus is on protecting buyers, particularly regarding real estate agent commissions and the revocation of brokerage agreements.
We will examine whether your brokerage contract was concluded remotely, whether a right of withdrawal exists, and how to effectively exercise that right. If necessary, we will enforce your claim for reimbursement, out of court against the broker and, if required, in court. You can conveniently retain our services online; we operate nationwide and, if you have legal expenses insurance, we will bill your insurer directly.
You have paid a real estate agent's commission and would like to know if a cancellation is possible? Get in touch and secure your rights.
