a broker can not claim commission on real estate transactions in general, if lacking in a sent email Exposé a revocation. The Bundesgerichtshof (BGH) in Karlsruhe dismissed in a judgment on Thursday indicated that in a house or apartment purchase, which is initiated via the Internet, known as a distance contract between broker and customer arises. Instructs the broker is not on the two-week notice period applicable here out, the opposition period shall be extended by one year. (Az: I ZR 30/15 and I ZR 68/15)
In both cases, negotiating the property had been offered on the Internet. The customers had expressed interest in my email and got then an exposé mailed. This brokerage of 6.25 or 3.75 per cent were given. A revocation did not contain the e-mail.
Both prospective bought the respective property. But instead of paying commissions of 15,000 or 23,200 euros, she later recanted the brokerage agreement.
This was accepted and the fees are not paid, now ruled the Supreme Court because the opposition period because of the lack of notice of cancellation so 54 weeks was. Also applies only since 2014, previously was the withdrawal period in this case indefinitely. Because the notice of cancellation was missing, no must be paid “compensation”, which would have entspriochen about the commission.
At the trial, the parties argued over whether the rules on consumer protection in distance selling fit at all. ‘Distance – that’s fast, crisp business, “said attorney Siegfried Menne Meyer, representing the side of the brokers in the process. “You do not see themselves.” In other hand, the broker and its client: The broker must “work on the object and the customer”, otherwise he making any money, Menne Meyer said. The Supreme Court saw it, however, been the performance of the agent, the actual contract lies before it.
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