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Brokerage contract in distance selling

24.03.2017

If a real estate broker submits an exposé to a prospective buyer with a clear demand for a commission fee, this is deemed as an offer for the conclusion of a brokerage contract. Such an offer is accepted by the purchaser with a request for an appointment to visit the site. If the exposé was sent by email and the purchase date was agreed by telephone and the broker also uses a sales and service system organized for remote sales, the right of withdrawal pursuant to § 312d (1) (1) BGB old version is applicable. For contracts concluded before 13.06.2014 the right of withdrawal expires by the end of 27.06.2015 if the broker has informed the consumer about this right properly. If the broker has not pointed out to the consumer that he must pay a compensation for services already rendered before the right of withdrawal ends, the broker is not entitled to such a compensation pursuant to § 312e (2) (1) BGB old version. [BGH 07.07.2016, I ZR 30/15]

  • German Law! In Austria, the results may be similar, depending on the circumstances of the case.
  • [“BGB” is the German Civil Code]