Right of withdrawal according to §§ 3 and 30a of the Consumer Protection Act (KSchG)


A client (customer), who is a consumer (§ 1 KSchG) and either his contract

  • on the day of the first inspection of the contract object
  • its declaration is directed to the acquisition of a stock right (in particular tenancy law), another right of use or right of use, namely
  • to an apartment, a single-family dwelling or a property that is suitable for the construction of a one-family dwelling, and this
  • to serve the urgent need of the consumer or a close relative; (§ 30a KSchG)

or his contract

  • not delivered to the premises of the real estate agent,
  • nor the business connection for the conclusion of the contract with the real estate agent himself has initiated (§ 3 KSchG)

can declare his resignation in writing within one week. The period begins on the day after submission of the contract (§ 30a KSchG) or from the conclusion of the contract (§ 3 KSchG) or, if the duplicate including cancellation instructions later handed over to run at this later date. In any case, it ends one month after the date of the first inspection (§ 30a KSchG) or after the conclusion of the contract (§ 3 KSchG).

Note: If the consumer takes e.g. due to an advertisement of the real estate agent with this connection on, the consumer himself has initiated and therefore - no matter where the contract was concluded - no right of withdrawal under § 3 KSchG.Eine directed to the real estate agent resignation regarding a real estate transaction (§ 30 a KSchG) also applies to a brokerage contract concluded in the course of the contract.