General Terms and Conditions of Lainer & v. Anhalt Immobilien GmbH
1. Validity
With the request for the exposé and knowledge of our commission expectation, the recipient (agent customer) and Lainer & v. Anhalt Immobilien GmbH concludes a commissionable brokerage contract for the property offered, which includes these General Terms and Conditions, which are hereby recognized by the broker customer.
In addition, Lainer & v. Anhalt Immobilien GmbH offers separate qualified exclusive contracts as a brokerage contract. When concluding such a contract, its conditions shall take precedence insofar as they should contradict these General Terms and Conditions. The refusal, deviations or additions to these GTC must be agreed in writing. Terminations of the brokerage contract must be in writing.
2. Confidentiality/Prohibition on Disclosure
The von der Lainer & v. Anhalt Immobilien GmbH sent offers and information, in particular exposés and their content are confidential and intended only for the respective recipient. A transfer to third parties without the express consent of Lainer & v. Anhalt Immobilien GmbH, which must be granted in writing beforehand, is prohibited. 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 compensation in the amount of the commission based on these terms. The broker customer reserves the right to prove that less damage or no damage was incurred. A further claim for damages by Lainer & v. Anhalt Immobilien GmbH due to unauthorized disclosure of information remains unaffected.
3. Offers
The offers of Lainer & v. Anhalt Immobilien GmbH are subject to change and non-binding. Errors and intermediate sale/intermediate rental remain reserved. The property-related information is based on the information and information provided to us, in particular by the seller/landlord. Liability for the correctness and completeness of Lainer & v. Anhalt Immobilien GmbH not taken over. 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 conduct.
4. Creation of the commission claim
The disclosure (= proof) of the property address and/or the provider is made with explicit reference to the commission claim of Lainer & v. Anhalt Immobilien GmbH in the case of purchase, exchange or rental. The commission claim of Lainer & v. Anhalt Immobilien GmbH comes into being as soon as, based on the proof and/or the mediation of Lainer & v. Anhalt Immobilien GmbH, a main contract regarding the named property has been concluded with the customer or legal entities in which the customer is involved. In this case, co-causality of the brokerage activity is sufficient. If the main contract is concluded on terms other than those originally offered or is it related to another object of von der Lainer & v. Anhalt Immobilien GmbH proven contractual partner, this affects the commission claim of Lainer & v. Anhalt Immobilien GmbH not as long as the transaction that has come about is economically identical to the transaction offered or differs only insignificantly from the transaction offered in terms of its economic success. 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 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 without deduction within 10 days after the invoice has been issued and sent (also by e-mail in advance). The Lainer & v. Anhalt Immobilien GmbH has the right to be present at the conclusion of the main contract. If the main contract is concluded without Lainer & v. Anhalt Immobilien GmbH, the customer is obliged to notify Lainer & v. Anhalt Immobilien GmbH to provide information immediately about the essential content of the main contract and the assessment basis for the commission claim and to inform Lainer & v. Immediately provide Anhalt Immobilien GmbH with a copy of the notarial deed or have it provided by the notary. A key handover of the mediated rental property usually takes place through Lainer & v. Anhalt Immobilien GmbH and only after payment of the agent's fee (subject to special provisions in the rental agreement). Several clients are jointly and severally liable for the agreed commission.
The right to commission does not lapse if the contract expires due to the occurrence of a condition subsequent or a right of withdrawal is exercised if the customer is responsible for the withdrawal. If a right of rescission is exercised by the customer, which is not based on fraudulent misrepresentation on the part of the other party, a claim for damages against the contesting party takes the place of our claim for commission.
6. Amount of Commission
The commission is calculated from the total purchase price or the total monthly 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 countervalue of this customer acquired property, as recognized by the notary in the deed of the real estate transaction as the exchange value for the property acquired in each case, not just the difference in value of the two exchanged properties. Unless otherwise agreed, the buyer's commission (NKM: net cold rent) is:
– for the rental and successful search for living space: 2.38 NKM incl. VAT.
– for the rental of commercial space: 3.57 NKM incl. VAT
– for residential/commercial sale: After consultation with the client, normally 6% plus VAT of the Selling price (3.57% VAT included by the seller and 3.57% VAT included by the buyer).
– when selling an apartment/single-family home to a consumer and double activity for seller and buyer: as a rule 3.57% VAT included by the seller and 3.57% VAT included.
by the buyer. According to §§ 656c, 656d BGB, the buyer bears a maximum of half of the total commission
Individual agreements are possible and customary.
7. Dual Action
The Lainer & v. Anhalt Immobilien GmbH is entitled to work for the other party (seller/landlord/exchange partner) for a fee or free of charge. We are committed to impartiality in the case of dual activity.
8. Prior Knowledge
Is the customer that from the Lainer & v. Anhalt Immobilien GmbH is already aware of the property offered, he must inform Lainer & v. Anhalt Immobilien GmbH. If the customer fails to provide this information, Lainer & v. Anhalt Immobilien GmbH to compensate all expenses incurred by the fact that the prior knowledge was not or belatedly pointed out as damage.
9. Limitation of Liability
Liability for negligent conduct by Lainer & v. Anhalt Immobilien GmbH, its legal representative or vicarious agent is excluded. This does not apply if the damage consists of injury to life, limb or health or is due to the violation of a material contractual obligation (cardinal obligation) or the lack of one of Lainer & v. Anhalt Immobilien GmbH guaranteed specific property.
10. Information obligation according to VSBG
The Lainer & v. Anhalt Immobilien GmbH is neither obliged nor willing, in the event of a contractual relationship between Lainer & v. Anhalt Immobilien GmbH and a consumer arising or related to a dispute before filing a complaint before a consumer arbitration board according to the provisions of the Consumer Dispute Settlement Act (VSBG).
11. Place of Performance and Jurisdiction
Place of performance and place of jurisdiction for registered traders and equivalent legal entities is Munich.
12. Severability Clause
Should one or more of the above provisions be invalid, the effectiveness of the remaining provisions should not be affected. This also applies if part of a regulation is ineffective, but another part is effective. The invalid provision should be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise run counter to the contractual agreements.
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General terms and conditions of Lainer & v. Anhalt Immobilien GmbH Status: February 2021