The cancellation instructions that a brokerage subsidiary of the savings banks sent to their customers are invalid. The Federal Court of Justice already decided this in December, as the “Southgerman newspaper” reported.
The reason for this is “contradictory information” in the brokerage contract. Customers who have purchased a property within the last twelve months and 14 days can now reclaim the agent’s commission.
According to a lawyer, the chances of success for those affected are very high. However, time is of the essence when applying for a refund.
If you have bought a property in the past twelve months and 14 days, you should carefully check your documents again. Because you may be able to get thousands of euros back in brokerage commissions – at least for purchases through the Sparkasse. This emerges from a judgment of the Federal Court of Justice (BGH).
As the “Southgerman newspaper(SZ) reports that the cancellation instructions that the brokerage subsidiary of the savings banks sent to their customers are invalid. The Federal Court of Justice (BGH) decided this in December in the case of a couple from Erlangen. The reason for this is “contradictory information” in the letter. According to this, the cancellation policy contained two different addresses to which a cancellation could be sent: that of the Sparkasse or that of the broker’s subsidiary. This makes it unclear with whom the buyers have actually concluded a contract and when the cancellation period begins. According to the BGH, the cancellation instructions are therefore ineffective.
This is how you can get the broker’s commission back
Real estate agents are obliged to inform their customers about their right of withdrawal. If there are errors or violations, the cancellation period is extended from the usual 14 days to one year and 14 days. This also applies if the customer has already purchased the property and paid the agent’s commission.
If you have concluded your purchase contract within the last twelve months and 14 days, you can now reclaim the brokerage commission. According to “SZ” information, however, there are prerequisites for this. On the one hand, your brokerage contract must contain the incorrect wording. On the other hand, it must have been closed outside the business premises – for example via the Internet, telephone or directly on site at the purchase object.
According to Florian Prahl, a lawyer for real estate and brokerage law, who spoke to the “SZ”, your chances of success are very good. He advises “not to be afraid of a legal dispute” if the money is not in your account within 14 days. However, you should hurry up when applying for a refund. Because as soon as your real estate purchase was more than twelve months and 14 days ago, cancellation is no longer possible.
The extent of the Sparkasse breakdown could be very large
The German Savings Banks and Giro Association (DSGV) replied to a request from “SZ” that there was “no central overview of the contract forms used”. It is therefore unclear which and how many real estate subsidiaries of the savings banks have disseminated the cancellation instructions that have been declared invalid. However, the extent of the breakdown is likely to be very large. According to the “SZ” report, the Sparkassen-Immobilien-Vermittlungs-GmbH, which issued the incorrect cancellation policy, brokered real estate for almost three billion euros in Bavaria alone last year. It is therefore obvious that a considerable number of customers are now entitled to claim back the broker’s commission.