top of page

General terms and conditions of business

General Terms and Conditions (GTC) of the real estate agent Immobilien

1. Scope of Application These General Terms and Conditions (GTC) apply to all contracts, services, and business relationships between [Company Name] Immobilien (hereinafter "Agent") and its clients (hereinafter "Client"). Deviating terms and conditions of the Client are not recognized unless expressly agreed to in writing by the Agent.

2. Subject of the contract The broker offers services in the field of real estate brokerage, in particular the identification of prospective buyers or tenants as well as the brokerage of purchase and rental contracts for real estate.

3. Brokerage Agreement and Commission Claim (1) A brokerage agreement is concluded through an express agreement or through the use of the broker's services. (2) The broker's commission claim arises upon conclusion of a legally binding main contract (purchase agreement, rental agreement, lease agreement, etc.) that was concluded through the broker's provision of proof or brokerage services. (3) The amount of the commission is based on the contractual agreements or the usual brokerage fees.

4. Broker's Duties (1) The broker undertakes to represent the client's interests to the best of his knowledge and belief. (2) All information regarding real estate is provided to the best of his knowledge, but without guarantee of accuracy or completeness. (3) The broker undertakes to maintain confidentiality regarding all non-public information of the client.

5. Customer Obligations (1) The customer undertakes to provide all information relevant to the brokerage truthfully. (2) The customer is obligated to inform the broker immediately when a contract (e.g., purchase, rental) has been concluded. (3) The disclosure of information, in particular exposés or contact details, to third parties without the broker's consent is prohibited. (4) The customer acknowledges that the credit check and creditworthiness of potential contractual partners are not the broker's responsibility.

6. Right of Withdrawal for Consumers (1) Consumers have the right to withdraw from a brokerage contract within 14 days without giving reasons, provided the contract was concluded off-premises or online. (2) The withdrawal must be made in writing (e.g., by letter or email) to the broker. (3) If the broker becomes active during the withdrawal period, a pro rata payment obligation exists in the event of a successful brokerage.

7. Liability (1) The broker is liable only for intent and gross negligence. Liability for slight negligence is excluded unless it involves a breach of essential contractual obligations. (2) The broker assumes no liability for the creditworthiness of the contracting parties or the execution of the main contract. (3) The broker is not liable for delays or failures caused by force majeure.

8. Termination of the Brokerage Agreement (1) The brokerage agreement may be terminated by either party with 14 days' notice, unless otherwise agreed. (2) The right to extraordinary termination remains unaffected.

9. Data Protection The broker processes the customer's personal data in compliance with statutory data protection regulations. Further information can be found in the privacy policy.

10. Prohibition of dual activity The broker is entitled to act for both contracting parties, provided that he informs both parties of this and no conflicts of interest exist.

11. Online Dispute Resolution (1) The European Commission provides a platform for online dispute resolution (ODR), which is available at [Link to platform]. (2) The broker is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final Provisions (1) The law of the Federal Republic of Germany applies. (2) The place of jurisdiction is the registered office of the broker, provided the customer is a merchant or a legal entity. (3) Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

As of: March 11, 2025

bottom of page