DISPUTE ARBITRATION

WHY IS  

With the law on alternative dispute resolution in consumer matters (Consumer Dispute Settlement Act - VSBG), the directive on alternative dispute resolution in consumer matters ("ADR Directive") of the European Union is implemented. According to this, neutral institutions should be available to consumers throughout Europe, which should bring about out-of-court solutions in disputes with companies. These institutions, known in Germany as the “consumer arbitration board”, have to meet certain requirements in terms of specialist knowledge, impartiality, independence and transparency as well as the dispute settlement procedure.

Ombudsman Real Estate IVD / VPB - Land acquisition and administration

Contact: Littenstr. 10; 10179 Berlin

Phone: +49 30 275726 11

Fax: +49 30 275726 78

Internet: www.ombudsmann-immobilien.de

Email: info@ombudsmann-immobilien.de

List of participating companies: www.ivd.net/_intern/expertensuche

The consumer arbitration board is responsible for disputes arising from property development contracts, building contracts, land purchase contracts for residential purposes and purchase contracts for residential property even if the company is not a member of the IVD.

1. Average duration of proceedings or, if the consumer arbitration board has not yet carried out any proceedings, the expected average duration of proceedings is 28 days.

2. Economic sectors covered by the activities of the consumer arbitration board General services for consumers - Services in connection with real estate - Construction of new houses / apartments

3. Does the consumer arbitration board also act at the request of an entrepreneur? No. 4. Has the consumer arbitration board excluded its responsibility for the cases referred to in § 4 Paragraph 4 VSBG? Yes, for consumers who do not have their domicile or habitual abode in a member state of the European Union or in another signatory state to the Agreement on the European Economic Area, and for entrepreneurs who are not established in Germany.

5. Reasons for rejection according to § 14 paragraph 1 and 2 VSBG - The dispute does not fall within the competence of the consumer arbitration board (§ 14 paragraph 1 number 1 VSBG). - The disputed claim has not previously been asserted against the respondent (Section 14 (1) no.2 VSBG). - The application is obviously without any prospect of success or appears willful (Section 14 (1) number 3 VSBG). - A consumer arbitration board has already carried out a procedure to settle the dispute or the dispute is pending with another consumer arbitration board (Section 14 (2) sentence 1 number 1 VSBG). - A court has already made a substantive decision on the dispute or the dispute is pending before a court, unless the court orders the suspension of the proceedings in accordance with Section 278a (2) ZPO with regard to the proceedings before the consumer arbitration board (Section 14 (14) 2 sentence 1 number 2 VSBG) - The amount in dispute exceeds or falls below a certain amount (Section 14 (2) sentence 1 number 3 VSBG). - The treatment would seriously impair the effective operation of the consumer arbitration board (Section 14 (2) sentence 1 number 4 VSBG).

6. Permitted procedural languages ​​German.

7. Languages ​​in which the complaint can be submitted German.

8. Does the dispute settlement procedure take place in writing or does the consumer arbitration board also hold verbal discussions between the parties? Written.

9. Is it necessary for the parties and / or their representatives to be physically present during the proceedings? No.

10. Is the outcome of the dispute settlement procedure binding? No.

11. Does the consumer have to pay any costs? The procedure is free of charge for the consumer, unless the consumer's request is to be regarded as abusive, taking into account all of the 43 circumstances. In this case, a fee of € 30 will be charged.

12. Does the entrepreneur have to pay any costs? The procedure is free of charge for IVD members. In addition, the ombudsman charges a fee for the implementation of the dispute settlement procedure from the entrepreneur who is willing to participate in the dispute settlement procedure. The fee is € 300 for amounts in dispute over € 600 up to and including € 2,000, € 400 for amounts in dispute over € 2,000 up to and including € 4,000 and € 500 for amounts in dispute over € 4,000.

Source: List of consumer arbitration boards in accordance with Section 33 (1) of the Consumer Dispute Settlement Act (VSBG); Status: September 6, 2018, Federal Office of Justice, https://www.bundesjustizamt.de/