Terms of Service
for brokerage activities of IMMOVALERE eK
(1) Validity
With the request of the expose and knowledge of our commission expectation, a commissionable brokerage contract for the property offered is concluded between the recipient (here the brokerage customer) and IMMOVALERE eK, which includes these GTC (General Terms and Conditions), which are hereby recognized by the brokerage customer.
(2) Confidentiality and Non-Disclosure
The offers and information sent by IMMOVALERE eK, in particular the synopsis and its content, are confidential and intended only for the respective recipient. Disclosure to third parties is prohibited without the express consent of IMMOVALERE eK, which must be given in writing beforehand. If the broker customer violates this obligation and the third party or another person to whom the third party has passed on the information concludes the main contract, which would be subject to commission in accordance with these conditions, the broker customer undertakes to pay damages in the amount of the commission based on these terms. Evidence that a lower or
no damage has occurred is reserved for the broker customer. A further claim for damages by IMMOVALERE eK due to unauthorized disclosure of information remains unaffected.
(3) Offers
The offers of IMMOVALERE eK are subject to change and non-binding. Errors and intermediate sale or intermediate rental remain reserved. The property-related information is based on the information and information given to us, in particular by the seller or the landlord. IMMOVALERE eK accepts no liability for their correctness and completeness. It is therefore the customer's responsibility to check the property information and details for accuracy. Liability for the accuracy and/or completeness of this information is only accepted in the event of intentional or grossly negligent behavior.
(4) Creation of the commission claim
The disclosure, ie the proof of the property address and/or the provider, is made with express reference to the commission claim of IMMOVALERE eK in the case of purchase, exchange or rental. The commission claim of IMMOVALERE eK arises as soon as a main contract regarding the named object has been concluded based on the proof and / or the mediation of IMMOVALERE eK. In this case, co-causality of the brokerage activity is sufficient. If the main contract is concluded under conditions other than those originally offered, or if it is concluded for another property of the contractual partner verified by IMMOVALERE eK, this does not affect IMMOVALERE eK's claim to commission, as long as the transaction that has been concluded is economically identical to the transaction offered or differs only insignificantly in its economic success from the business offered. The right to commission arises in particular in the case of purchase instead of rent, acquisition of company shares instead of objects and vice versa, heritable building rights instead of purchase and exchange instead of purchase or rent.
(5) Maturity of the commission claim
The commission claim is due upon conclusion of the purchase contract / exchange contract / rental contract. The commission is payable after the invoice has been issued. IMMOVALERE eK has the right to be present at the conclusion of the main contract. If the main contract is concluded without the participation of IMMOVALERE eK, the customer is obliged to immediately provide IMMOVALERE eK with information about the main content of the main contract and the assessment basis for the commission claim.
(6) Amount of Commission
The commission is calculated from the total purchase price or the total rental price. In the case of a real estate exchange, i.e. a real estate transaction in which both contracting parties transfer ownership of their property to the other contracting party for a fee, the assessment basis for the commission to be paid by the respective customer is the respective equivalent value of the property purchased by this customer, as of notary in the deed of the real estate transaction for the property purchased, as the exchange value, and not just the difference in value of the two exchanged properties. Unless otherwise agreed, the buyer's commission is 3.57% of the economic purchase price or exchange value of the acquired property (see above) or 3.57 monthly rents for tenants' commission for commercial rental properties, each including 19% statutory VAT.
(7) Dual Action
IMMOVALERE eK is also entitled to work for the other part of the contract, namely for the seller or landlord or the exchange partner, whether for a fee or free of charge. We are committed to impartiality in the case of dual activity.
(8) Prior Knowledge
If the customer is already familiar with the property offered by IMMOVALERE eK, he must report this immediately
and to be documented at the request of IMMOVALERE eK. If the customer fails to provide this information, he must compensate IMMOVALERE eK for all expenses incurred by IMMOVALERE eK as a result of the prior knowledge not being pointed out or being pointed out too late.
(9) Limitation of Liability
The liability for negligent behavior of IMMOVALERE eK, its legal representatives or vicarious agents is excluded. This does not apply if the damage consists of injury to life, limb or health or is based on the breach of an essential contractual obligation (cardinal obligation) or the lack of a specific property guaranteed by IMMOVALERE eK.
(10) Information obligation according to VSBG
IMMOVALERE eK is not obliged and not willing to conduct a dispute settlement procedure before a consumer arbitration board in accordance with the provisions of the Consumer Dispute Settlement Act (VSBG) in the event of a contractual relationship between IMMOVALERE eK and a consumer or relating to a dispute before filing a complaint.
(11) Place of Performance and Jurisdiction
If the recipient of the proof is a merchant, the place of jurisdiction is Munich city. However, IMMOVALERE eK is entitled to sue the recipient of the evidence at his general place of jurisdiction.
(12) Severability Clause
Should one of the above provisions be ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective provision is then to be replaced by an effective provision that comes as close as possible to the economic interests of the contracting parties.
As of June 1st, 2022