General Terms and Conditions

The information provided to us by owners or administrators forms the basis of our offers. The offers are prepared according to our best knowledge and conscience. 

They are subject to change without notice and are not binding. Errors, interim sale or interim letting excepted.

Our offers and communications are only intended for the recipient himself, must be handled confidentially, and may not be made accessible to third parties. If as a consequence of unauthorised forwarding an agreement is concluded with this third party, then this shall also lead to a claim by us to full payment of commission.

Our claim for commission shall be generated as soon as an agreement with respect to the property named by us comes about as a result of our information or mediation. Joint causality is sufficient here. If the agreement is concluded under different terms to those originally offered or if it comes about through a different property of the contracting party indicated by us, this shall not affect our claim for commission insofar as the transaction that takes place is economically identical to the transaction offered by us or deviates only insubstantially from the transaction offered. The same shall apply if a different agreement is concluded to that originally planned. 

Our claim for commission shall also remain if the agreement concluded lapses due to the occurrence of a condition precedent. The same shall apply if the agreement lapses due to the exercising of a statutory or contractual right of rescission, insofar as the right of rescission is exercised by a party for reasons which are within their control or for other reasons within the control of a person of a party.

We shall also be entitled to a claim for commission if further contractual agreements come about which are temporally and economically connected to the first agreement mediated or brought about by us and which are based on the brokerage agreement concluded between us.

Our claim for commission shall fall due upon the conclusion of the main agreement. The commission is payable strictly net within 14 days of billing. 

Default interest at the rate of 4.5% p.a. above the discount rate of the Federal Bank will be due in the event of a default on payment. If the agreement is concluded without our participation, you shall be obliged to inform us immediately of the essential content of the agreement for calculation of the commission. You shall provide us with a copy of the agreement upon our request.

You have agreed the rates of commission specified below with us; these will be payable by you in the event of success.

Upon land and property purchase, 3 % of the total purchase price achieved and all associated ancillary services by the purchaser.

Upon the creation or assignment of hereditary building rights, 3% of the calculated value of the land and value of structures and buildings erected on it, payable by the purchaser of the hereditary building right.

Upon the assignment of company rights, 3% of the value of the agreement by the purchaser. The respective value of the property is the value of the agreement within the meaning of this provision.

Upon the agreement of rights to purchase property and rights of first refusal, 1% of the calculated overall purchase price and all associated ancillary services by the purchaser.

3 net monthly rents for rental agreements with a term of less than 10 years payable by the tenant. 3.5 net monthly rents for agreements with a term of 10 years or more. For the agreement of options in respect of space or term or pre-rental agreements irrespective of agreed fixed term and the aforementioned rates of commission, one further net monthly rent payment by the tenant.

In the case of rental agreements for apartments, 2 net monthly rents will be payable by the tenant. The abovementioned rates of commission are exclusive of the statutory rate of VAT.

We shall be entitled to also act for the other contracting party against payment or free of charge.

The details provided by us are based on information and communications from third parties, in particular from the owners of properties. We shall not assume liability for the correctness and completeness of these details. We will only be liable in any event in the case of wilful intent and gross negligence. Any damage claims shall become statute barred 3 years after the claim arises, and 3 years at the latest after the estate agency agreement has been processed.

Mühldorf am Inn is place of performance and venue for registered traders.

If individual provisions of our General Terms and Conditions should be or become ineffective, this shall not affect the efficacy of the remaining provisions. Statutory provisions shall take the place of any provisions that are ineffective or null and void.