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Unsere Philosophie

General Terms and Conditions

1. Offers

Our offers are based on the information provided by the owner, occupier or administrator which has not been checked. The offers are given to the best of our knowledge and belief. They are subject to confirmation and are non-binding. We reserve the right to mistakes, sale or letting in the meantime.

2. Passing on of information and documents

Our offers and communications are intended only for the recipient, must be treated confidentially and may not be passed on to a third party. If, as a result of unauthorised passing-on of said information and documents, an agreement comes about with this third party, we shall be entitled to damages in the amount of the lost commission.

3. Claim to commission  

It is noted in the particulars of the property whether commission is payable by the tenant or buyer and if so the amount of the commission. 

a) Rental properties

The customary regulation for the tenant of commission-free properties is that the owner assumes the internal commission or the landlord’s commission after inspection and collaboration in bringing about the agreement. No commission is therefore payable by the tenant for the renting of a commission-free property. If the rental property is offered in return for commission, the estate agent‘s commission arises if a rental agreement has come about with respect to a property named by us by virtue of our mediation. 

b) Purchased properties

The purchaser commission arises as soon as a purchase agreement authenticated by a notary has come about as a result of our mediation, where it is sufficient for us to have been involved in the mediation. If the agreement is made based on conditions other than those offered or if it comes about with respect to a different property of the contractual party we have named, this shall not affect our claim to commission if the transaction which has come about is identical in financial terms to the transaction we offered or differs only insubstantially from the deal we offered in a financial respect. Our claim to commission shall also apply even if the agreement made expires due to a condition subsequent. The same shall apply if the agreement is reversed or challenged due to the exercise of a statutory or contractual right of rescission, unless the right of rescission or challenge is exercised for reasons for which we are responsible.

4. Follow-up business

We shall also be entitled to commission if further contractual agreements come about in a temporal and financial connection with the first agreement mediated by us which are based on the brokerage agreement concluded with us.

5. Due date of the claim for commission

Our entitlement to commission shall fall due when the main agreement (usually the rental or purchase agreement) takes legal effect. The properties subject to commission for the tenant or buyer are explicitly marked as such. The commission shall be payable within 14 days of invoicing without any deduction. In the event of default, default interest of 5 percentage points above the base interest rate of the European Central Bank shall fall due and for registered traders (Vollkaufleute) 8 percentage points above the base interest rate of the European Central Bank shall be payable plus the default flat rate.

If the agreement is concluded without our involvement, you are obliged to provide us with information immediately about the main contractual content so that we may calculate the commission entitlement.

6. Rates of commission

The rates of commission set out below shall be agreed on conclusion of the brokerage agreement between us and you and shall be payable by you in the case of success.

a) Letting and leasing of commercial spaces 

In the case of properties liable to commission from the tenant (marked in the particulars of the property) the amount of the rate of commission stated, usually 3 net monthly rents.
In the case of properties which are free from commission for the tenant (marked in the particulars of the property), the tenant will not be required to pay commission.

b) Purchase

In the case of purchases of land and buildings, 3% shall be payable by the buyer on the total purchase authenticated by a notary.

c) Hereditary building right (Erbbaurecht)

In the case of the creation or transfer of hereditary building rights, 3% of the value of the land and the value of the existing structures and buildings thereon shall be payable by the party acquiring the hereditary building right.

d) Transfer of company rights 

In the case of transfer of company rights 3% of the contractual value shall be payable by the purchaser. The contractual value within the meaning of this clause shall mean the respective value of the land respectively property.

e) Purchase right and right of first refusal

In the case of the agreement of purchase rights and rights of first refusal, 1% of the overall purchase price and all associated ancillary costs shall be payable by the purchaser.
The above rates of commission shall be understood plus the statutory rate of value-added tax.

7. Activities for third parties

We are entitled to work for the other contracting party against charge or free of charge.

8. Exclusion of liability

The information we provide is based on information and communications from third parties, in particular by the property owner. We assume no liability for the correctness and completeness of this information. We shall otherwise only be liable in the case of wilful negligence and gross negligence. Any claims to damages shall become statute-barred within 3 years of their creation or learning of the claim, brokerage agreement. Any existing IT wiring must be checked by the tenant for correct function.

9. Place of performance and jurisdiction

Place of performance and jurisdiction for registered traders (Vollkaufleute) is Munich.

10. Severability

In the event of individual provisions of our General Terms and Conditions of Business being or becoming ineffective, this shall not affect the efficacy of the remaining provisions. The statutory provisions shall apply instead of any ineffective or null and void provisions.

11. Project platform and registration  

a) User information 

a registration is necessary to use the project platform on our website. To use these closed areas, the user must be an adult, must be registered and must have provided truthful and complete information. 

b) Free registration

the registration and use of our project platform is free for the user.

c) Checking of the user information and blocking access

we reserve the right to check the personal information of the user within the statutory framework. We also reserve the right to block access to the closed areas at any time. Access shall be blocked in particular if the user has provided false personal information on registration or does not use our website for the purpose intended by us.


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