Terms and Conditions (T&C) for REAL ESTATE OFFERS
Tegernseer Grund Immobilien GMBH
1.1 Tegernseer Grund Immobilien GmbH as a real estate broker offers real estate for sale or rent. The following Terms and Conditions apply to the business relationship between Tegernseer Grund Immobilien GmbH on the one hand and its clients/customers or prospective tenants or purchasers on the other hand, insofar as Tegernseer Grund Immobilien GmbH is commissioned by entering into a brokerage agreement with the listing of appropriate properties and purchasers or tenants or with mediation of the signing of an appropriate main contract (purchase or lease contract).
1.2 The version of the Terms and Conditions valid at the time the contract is signed shall be authoritative and shall always apply. The provisions shall apply mutatis mutandis to precontractual relationships. For access to real estate platforms on the Internet, via which Tegernseer Grund Immobilien GmbH may also offer properties, and for the use of such real estate platforms, the separate contractual terms and conditions of the respective platform operators may apply.
1.3 These Terms and Conditions shall apply to consumers as defined in § 13 of the German Civil Code (BGB), as well as to entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes, which can for the most part, be attributed neither to the natural person’s commercial activity, nor his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.
1.4 In addition, individual contractual agreements shall take precedence over these T&C. Deviating, conflicting or supplementary Terms and Conditions shall not become a component of the contract unless their validity is expressly agreed.
§ 2 Entering into a contract
2.1. Offers made by TEGERNSEER GRUND IMMOBILIEN GMBH shall be subject to confirmation and are non-binding, unless the offer is expressly designated as binding. A legal obligation only comes about through a brokerage contract signed by both parties or through making use of brokerage services. In particular in the requesting of property profiles and/or offers, as well as the scheduling and execution of on-site appointments for the showing of the objects, placement of an order is present and includes a general search order and/or sales order. The prerequisite for entering into an brokerage contract is at least text form (e.g. fax, e-mail).
§ 3 Rights and obligations of Tegernseer Grund Immobilien GmbH
3.1 Tegernseer Grund Immobilien GmbH shall be entitled to involve other sales partners; however, this must not result in any additional costs being incurred by the customer/client.
3.2 Tegernseer Grund Immobilien GmbH shall be entitled, with regard to the offering of real estate for the purchase and/or rental of commercial properties, to also act against payment on behalf of the seller or landlord and vice versa if the seller or landlord limits this activity to listing. Each double activity shall obligate Tegernseer Grund Immobilien GmbH to impartiality.
3.3 With regard to the letting of residential space, Tegernseer Grund Immobilien GmbH may only demand payment of a fee from the person seeking accommodation – insofar as a lease agreement is entered into – if a brokerage agreement in text form exists between Tegernseer Grund Immobilien GmbH and the person seeking accommodation, and Tegernseer Grund Immobilien GmbH only obtains housing offers for the purpose of fulfilment of the brokerage agreement.
3.4 Tegernseer Grund Immobilien GmbH shall execute the brokerage agreement with the diligence of a prudent businessman. Tegernseer Grund Immobilien GmbH further undertakes to maintain secrecy with regard to the knowledge of the buyer or tenant obtained within the framework of the brokerage agreement.
§ 4 Information obligations
4.1 As the client, the owner of the object that was consigned for mediation shall be obligated to disclose the name and address of the intended contractual partner to Tegernseer Grund Immobilien GmbH before entering into the intended main contract (purchase contract or lease contract) so that Tegernseer Grund Immobilien GmbH can check whether provision of the intended contractual partner was initiated through the activities of Tegernseer Grund Immobilien GmbH.
4.2 If Tegernseer Grund Immobilien GmbH is not directly involved in the signing of the main contract already, the client/customer shall be obligated to inform Tegernseer Grund Immobilien GmbH immediately of the signing of a main contract and to provide Tegernseer Grund Immobilien GmbH with a complete copy of the contract on first request. In particular, information concerning the essential content of the main contract shall be provided for calculation of the commission, in particular the purchase price or lease price shall be cited and substantiated.
4.3 The client/customer shall be obligated to inform Tegernseer Grund Immobilien GmbH without delay of all circumstances affecting the performance of the brokerage activity. This shall apply in particular with regard to the termination or other changes with the intention not to continue a corresponding main contract.
4.4 Unless otherwise stipulated in the specific brokerage agreement, the prospective buyer or tenant of an object shall be obligated to inform Tegernseer Grund Immobilien GmbH orally or in writing within 8 days of the disclosure of an offer whether the offered object meets the expectations of the prospective buyer or tenant, and whether the prospective buyer or tenant desires further negotiations.
4.5 If Tegernseer Grund Immobilien GmbH lists an object that is already known to the prospective buyer or tenant, this prospective buyer or tenant shall be obligated to expressly reject the listing immediately, but at the latest within eight days after receipt of the first object information, stating the source, the exact content of the disclosure and the time at which the object was made known to the prospective buyer or tenant. Tegernseer Grund Immobilien GmbH reserves the right to assert any claims for damages in the event of corresponding violations of obligations in this respect.
§ 5 Claim for brokerage commission
5.1 With the signing of a main contract brought about through listing or mediation of Tegernseer Grund Immobilien GmbH, Tegernseer Grund Immobilien GmbH shall be entitled to a brokerage commission that is customary for the location. Every listing suffices for the establishment of a claim for commission. Tegernseer Grund Immobilien GmbH shall be entitled to be present when the main contract is signed and to receive a complete copy of the contract.
5.2 A claim to commission shall also exist if a contract is entered into for another object of the seller or lessor, instead of the business listed or mediated by Tegernseer Grund Immobilien GmbH.
5.3 The signing of a main contract shall apply, only if the sale of a real or intangible share occurs or if the transfer of rights to the object is achieved through another legal form (e.g. proportional or complete transfer of shareholder rights, heritable building rights etc.) and this corresponds to the intended purpose.
5.4 Subsequent direct offers to prospective buyers and tenants by the owner of the object that has been consigned to Tegernseer Grund Immobilien GmbH for mediation, or offers via third parties concerning objects already cited (mediated or listed) that have a temporal correlation with the commissioning of Tegernseer Grund Immobilien GmbH, shall not normally interrupt the causal relationship between brokerage services and the signing of the contract. The claim for commission on the part of Tegernseer Grund Immobilien GmbH shall remain valid in these cases.
5.5 A claim for commission also exists for subsequent transactions entered into within a temporal and economic correlation since the original contract. A follow-up transaction shall exist if the subject matter of the signed contract is extended or changed.
5.6 The commission to be paid when signing a main contract shall be based on the information in the respective property profile or accompanying letter. At the time of purchase, the commission shall amount to the cited percentage of the total purchase price for the object, in each case, including any other ancillary performances of the buyer that benefit the seller or a third party (e.g. assumption of recorded encumbrances). In the case of leasing, the commission shall be the cited number of monthly lease payments, in each case without incidental costs, including any ancillary performances of the tenant (e.g. transfer fees, etc.). Tegernseer Grund Immobilien GmbH reserves the right to appropriate increase the commission to compensate for any increases in personnel costs and other costs, in particular for tax reasons, provided that the period between the disclosure of the amount of commission in the respective property profile or accompanying letter and the signing of the main contract is more than four months.
5.7 The commission is established and shall be due and payable with the effective signing of the main contract. It shall be due and payable without deductions within 10 days of the invoice date. If the term of payment is exceeded, the customer shall be in default without reminder and Tegernseer Grund Immobilien GmbH shall be entitled to charge interest in accordance with the statutory regulations.
§ 6 Data security, data protection
6.1 The contracting parties shall comply with the applicable provisions of data protection law, in particular those applicable in the EU and Germany, and shall obligate their employees deployed in conjunction with the contract and its execution to comply with the requirements of the GDPR, unless they are already generally obligated to such compliance.
6.2 Tegernseer Grund Immobilien GmbH shall only collect and use personal data to the extent required for execution of the brokerage agreement. The client / customer agrees to the collection and use of such data to this scope.
§ 7 Secrecy
7.1 Information to be treated as confidential is the information expressly designated as confidential by the contracting party providing the information, and such information for which confidentiality clearly arises from the circumstances under which the information was imparted.
7.2 Information to be treated as confidential shall not exist if the contracting party receiving the information proves that the Information
7.2.1 was known or generally available to the receiving contracting party before the date of receipt;
7.2.2 was known or generally available to the public before the date of receipt;
7.2.3 became known or generally accessible to the public after the date of receipt, without the contracting party receiving the information being responsible for this.
7.3 The contracting parties shall maintain secrecy with regard to all confidential information that has come to their knowledge within the scope of this contractual relationship or shall only use such information in relation to third parties – for whatever purpose – with the prior written consent of the other contracting party.
§ 8 Design of offers / property profiles and other object information
8.1 The content and works published in property profiles and other offers shall be regularly subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law, shall require the prior written consent of its respective author or creator. Downloads and copies shall only be permitted for private, non-commercial use. Insofar as the content was not created by Tegernseer Grund Immobilien GmbH itself, the copyrights of third parties are respected. In particular, content of third parties is designated as such.
8.2 As a general rule, all information made available concerning objects is intended only for the prospective buyer or tenant and must be treated confidentially. Any disclosure to third parties shall require the express consent of Tegernseer Grund Immobilien GmbH. Tegernseer Grund Immobilien GmbH expressly reserves the right to assert claims for injunctive relief, abatement and removal and damages in the event of unauthorised disclosure.
8.3 Tegernseer Grund Immobilien GmbH expressly states that the object information that it passes on orally or in writing regularly originates from the owner of the property consigned to Tegernseer Grund Immobilien GmbH for mediation, or from a third party commissioned by the owner. General liability for the accuracy or completeness of this information can therefore not be assumed. The seller or landlord or the third party commissioned by the seller or landlord shall be responsible for the content posted by the seller or landlord, or by the third party commissioned by the seller or landlord. On his part, he shall be responsible for ensuring that the content is not unlawful and does not violate any rights of third parties (e.g. copyrights or trademark rights). Tegernseer Grund Immobilien GmbH is not obligated to check whether any content included in an offer / property profile that does not originate from Tegernseer Grund Immobilien GmbH itself infringes the rights of third parties or violates statutory regulations.
§ 9 Liability, limits of liability
9.1 Tegernseer Grund Immobilien GmbH shall not be liable for the creditworthiness of the mediated contracting party, nor for the identity and integrity of the mediated contracting party.
9.2 In the case of ordinary negligent violations of obligation, the liability of Tegernseer Grund Immobilien GmbH shall be limited to the foreseeable, contract-typical, direct average damage depending on the type of goods or services. This shall also apply to ordinary negligent violations of obligation on the part of legal representatives or vicarious agents of Tegernseer Grund Immobilien GmbH. Tegernseer Grund Immobilien GmbH shall not be liable for ordinary negligent violation of insignificant contractual obligations. However, Tegernseer Grund Immobilien GmbH shall be liable for the violation of essential contractual legal positions of the client / customer. Essential contractual legal positions are those legal positions that the contract must grant to the client / customer according to the content and purpose of the contract. Furthermore, Tegernseer Grund Immobilien GmbH shall be liable for the violation of obligations, the fulfilment of which is essential for proper execution of the contract, and the fulfilment of which is what the client/customer can rely on.
9.3 The above limitations of liability shall not apply to claims arising from guarantees and / or product liability. Moreover, the limitations of liability shall not apply in the event of fraudulent intent, violation of material contractual obligations or bodily injury or health impairment attributable to Tegernseer Grund Immobilien GmbH or loss of life of the client / customer.
9.4 Tegernseer Grund Immobilien GmbH shall not be liable for the loss of data, insofar as the damage is due to the fact that the client/customer has failed to carry out a data backup on his part in order to ensure that lost data can be restored with reasonable effort.
§ 10 Amendment of the Terms and Conditions
10.1 Tegernseer Grund Immobilien GmbH reserves the right to amend these Terms and Conditions at any time with a reasonable period of notice of at least six weeks. Tegernseer Grund Immobilien GmbH shall notify the client / customer of an appropriate amendment in text form.
10.2 If the customer does not object, the amended Terms and Conditions shall be deemed accepted. In the event of objection, the contract shall continue unchanged with the previous Terms and Conditions, however Tegernseer Grund Immobilien GmbH shall be entitled to terminate the contract normally.
§ 11 Final provisions
11.1 The contractual relationship shall be governed by German substantive law; the UN Convention on Contracts for the International Sale of Goods shall be excluded.
11.2 Possible invalidity of individual provisions of a brokerage contract shall not affect the validity of the remaining contract content.
11.3 If the client/customer is a merchant, the place of performance between the client/customer and Tegernseer Grund Immobilien GmbH for the mutual obligations arising from this brokerage contract and the place of jurisdiction for any disputes shall be Miesbach.