Terms and Conditions and Cancellation Policy

The following terms and conditions apply to real estate brokerage services provided by MAIERIMMOBILIEN GmbH, Oberanger 42, 80331 Munich. They apply in particular to real estate inquiries and the sending of property listings via email in response to inquiries made through real estate portals (e.g., ImmobilienScout24 or Immowelt), through the website www.maierimmobilien.de, via email, telephone, or other means of remote communication.

This covers—depending on the individual case—the identification and/or brokerage of purchase, rental, lease, and other principal contracts relating to real estate. This includes, in particular, apartments, single-family homes, multi-family homes, residential and commercial buildings, commercial real estate, land parcels, parking spaces/garages, fractional ownership, hereditary building rights, ancillary areas, and other real estate rights.

The term “Client” includes—depending on the individual case—prospective buyers, buyers, tenants/leaseholders, sellers, landlords, lessors, owners, and other clients or contracting parties.

Individual agreements take precedence over these General Terms and Conditions. Mandatory statutory provisions remain unaffected.

1. Offers
Our offers, communications, property descriptions, documentation, property files, and other information are based on information provided by the owner, landlord, seller, client, or other third parties authorized to provide such information.

We assume no liability for the accuracy, completeness, or timeliness of information, documents, and details provided by owners, sellers, landlords, property managers, government agencies, service providers, or other third parties. Liability for such third-party information exists only to the extent that we are found to have acted with intent or gross negligence, or if we have culpably breached our own obligations to verify, disclose, or provide clarification. MAIERIMMOBILIEN GmbH’s own statutory and contractual obligations to verify, provide notice, and disclose information remain unaffected.

The customer is responsible for verifying the information essential to their decision on their own or having it verified by suitable experts. This applies in particular to information regarding floor area, floor plans, year of construction, building code compliance, lease or tenancy agreements, permits, condition, energy efficiency ratings, economic viability, tax implications, and other property-related details.

We reserve the right to correct errors and to sell or lease the property to another party in the interim.

2. Confidentiality
Our offers, communications, property descriptions, reports, property documentation, and other information are intended exclusively for the respective recipient and must be treated as confidential.

Disclosure to third parties is permitted only with the prior written consent of MAIERIMMOBILIEN GmbH. Disclosure to spouses, domestic partners, financing banks, tax advisors, attorneys, architects, or other expert advisors is permitted provided that it serves exclusively to review the specific real estate transaction and the client ensures that these individuals also treat the documents as confidential.

If the client discloses information to third parties without our prior written consent and, as a result of such disclosure, a purchase, rental, lease, or other principal contract is concluded, the client is obligated to compensate us for any damages incurred as a result. Such damages may consist, in particular, of lost commission.

The client is entitled to prove that no damages were incurred or that the damages were significantly less. Further statutory claims remain unaffected.

3. Prior Knowledge
If the customer is already aware of the property we have identified or brokered, or of the opportunity to enter into a contract, the customer must notify us of this in writing immediately upon receipt of our identification, property description, or other property information.

If the customer negligently fails to provide this notification, the customer must reimburse us for the necessary expenses incurred as a result. Further claims remain unaffected.

4. Establishment of the Brokerage Agreement and the Right to Commission
A brokerage agreement may be established, in particular, when the client—after being clearly informed of a potential obligation to pay commission—requests the sending of a property brochure, a property listing, a viewing appointment, additional property documents, or other brokerage services, and subsequently makes use of these services provided by MAIERIMMOBILIEN GmbH.

To the extent that the law requires the specific brokerage agreement to be in writing—in particular for brokerage agreements concerning the identification or facilitation of a purchase agreement for an apartment or a single-family home, as well as for certain residential rental brokerage agreements—a brokerage agreement subject to a commission is concluded only if the statutory form is complied with.

A commission claim arises only if, as a result of our identification and/or brokerage, a purchase, rental, lease, or other principal contract regarding the identified or brokered property is concluded, and the obligation to pay commission is legally permissible and has been validly agreed upon. In the case of real estate purchase agreements and other contracts requiring notarization, the right to a commission arises upon the effective conclusion of the notarized principal contract.

For the commission to be due, it is sufficient that our activities contributed to the conclusion of the main contract, provided that they were not entirely insignificant for the conclusion of the main contract.

The commission claim also applies if the main contract is concluded on terms other than those originally offered, provided that the concluded transaction is economically identical to the property we identified or brokered, or differs only insignificantly from it in terms of economic outcome. This applies in particular to changes in the purchase price, rent, lease term, contract structure, contracting parties, method of acquisition, or in the case of economically comparable substitute, follow-on, or expansion transactions.

The same applies if the main contract is not concluded directly with the originally designated contracting party, but rather with a person or company closely related to, affiliated with, or economically attributable to that party.

The commission claim remains valid if a validly concluded main contract is subsequently rescinded, reversed, or terminated on the basis of a statutory or contractual right of withdrawal, provided that the rescission, reversal, or termination is based on circumstances beyond our control. Mandatory statutory provisions remain unaffected.

The customer’s rights of set-off and retention shall remain in effect to the extent that the counterclaims are undisputed, have been legally established, are ready for a decision, or arise from the same contractual relationship.

5. Follow-up Transactions
A commission claim also exists forfollow-up, replacement, or expansion transactions that are concluded within twelve months of our referral or brokerage in an economic connection with the originally referred or brokered property or contractual partner and are based on our brokerage activities.

This applies in particular to the purchase, rental, or lease of additional spaces, units, parking spaces, ancillary areas, company shares, or other rights, provided there is an economic connection to the originally identified or brokered transaction opportunity.

6. Due Date and Amount of the Commission
The specific amount of the commission or brokerage fee is set forth in the respective individual agreement, the property description, the commission notice, the commission agreement, or any other written agreement.

A commission claim against the client exists only if the obligation to pay commission is clearly stated, legally permissible, and validly agreed upon.

In the exceptional case where no specific commission amount has been agreed upon and, given the circumstances, brokerage services can reasonably be expected only in exchange for compensation, the customary commission shall be deemed agreed upon—to the extent permitted by law.

In the case of purchase agreements, unless otherwise agreed, the commission becomes due upon the execution of the notarized purchase agreement.

For rental and lease agreements, unless otherwise agreed, the commission becomes due upon the effective conclusion of the rental or lease agreement.

For consumers, commission amounts are generally stated as gross prices including statutory value-added tax, unless otherwise permitted by law. For business customers, commission amounts may be stated net plus statutory value-added tax, provided this is indicated accordingly.

In the event of default, default interest at a rate of five percentage points above the respective base interest rate is due, provided the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB). If the customer is not a consumer, the default interest on claims for payment is nine percentage points above the respective base interest rate. The right to claim further damages resulting from default remains unaffected.

In the brokerage of purchase agreements for apartments and single-family homes, the special statutory provisions of §§ 656a through 656d BGB apply. In particular, a brokerage agreement concerning the facilitation or brokerage of a purchase agreement for an apartment or a single-family home must be in writing. If the buyer is a consumer, the statutory provisions regarding the allocation of brokerage fees apply.

When brokering lease agreements for residential space, the provisions of the Residential Lease Brokerage Act apply. A commission may only be charged to individuals seeking housing to the extent permitted by law, particularly if a search mandate is provided in writing and the other statutory requirements are met. A mere inquiry regarding a specific residential rental property on the market does not give rise to an obligation to pay a commission on the part of the individual seeking housing, provided that the statutory requirements are not met.

When brokering commercial lease or tenancy agreements, as well as other contracts not subject to the Residential Property Brokerage Act, the commission is based on the respective agreement, the property description, or a separate commission notice.

Real estate transfer tax, notary fees, land registry fees, court fees, registration fees, financing costs, and other incidental acquisition costs are not included in the brokerage commission and must be borne by the respective contracting party in accordance with the main contract or applicable legal provisions.

7. Acting on Behalf of Third Parties
MAIERIMMOBILIEN GmbH is entitled to acton behalf of the other contracting party, either for a commission or without a commission, provided this is legally permissible and no impermissible conflict of interest exists.

Any dual representation will be disclosed to the extent required by law or under the circumstances. Special statutory provisions, particularly regarding the brokerage of purchase agreements for apartments and single-family homes with consumers, as well as the brokerage of residential lease agreements, remain unaffected.

8. Disclaimer of Liability
We bear unlimited liability in cases of intent and gross negligence, as well as in cases of culpable injury to life, limb, or health.

In the event of a breach of material contractual obligations due to slight negligence, we are liable only for foreseeable damages typical for this type of contract. Material contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely.

For details, documents, and information provided to us by owners, sellers, landlords, property managers, government agencies, service providers, or other third parties, we are liable only to the extent that we acted with intent or gross negligence, or if we culpably breached our own duties to verify, notify, or provide information.

Otherwise, liability is excluded. The foregoing limitations of liability also apply in favor of our legal representatives, managing directors, employees, and vicarious agents.

9. Data Protection
We process the customer’s personal data exclusively in accordance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

Processing is carried out, in particular, for the purposes of contract initiation, contract performance, property brokerage, communication, documentation, billing, management of prospective clients, organization of viewings, and compliance with legal obligations.

Details are set forth in our separate privacy policy, which is made available to the customer. To the extent that consent is required for specific processing operations, it will be obtained separately.

10. Side Agreements and Contract Amendments
Side agreements are only valid to the extent that they have been expressly agreed upon. Individual agreements always take precedence over these General Terms and Conditions.

Amendments and additions to the contract must be made in writing, unless a stricter form is required by law. This also applies to any amendment to this written form clause.

Statutory formal requirements, in particular the requirement for notarization and the written form requirement for certain brokerage contracts, remain unaffected.

11. Governing Law, Place of Performance, and Jurisdiction
The contractual relationship is governed by German law, unless mandatory statutory provisions—in particular, mandatory consumer protection provisions—preclude this.

The place of performance is, to the extent permitted by law, the registered office of MAIERIMMOBILIEN GmbH.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the registered office of MAIERIMMOBILIEN GmbH. The same applies if the customer does not have a general place of jurisdiction in Germany, provided that such an agreement on the place of jurisdiction is permitted by law.

12. Other Agreements
Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.
MAIERIMMOBILIEN GmbH is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless expressly stated otherwise in individual cases.

13. Cancellation Policy

Right of Cancellation for Consumers
This cancellation policy applies to consumers to the extent that the brokerage contract is concluded as a distance contract or outside of business premises and the consumer is legally entitled to a right of cancellation.

This applies in particular to brokerage agreements concluded in connection with an inquiry via real estate portals, the MAIERIMMOBILIEN GmbH website, by email, telephone, or other means of distance communication.

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must notify usat
MAIERIMMOBILIEN GmbH
Oberanger 42
80331 Munich
Tel.: 089 4522173-0
Email: info@maierimmobilien.de
by means of a clear statement, e.g., by letter or email, informing us of your decision to withdraw from this contract.

You may use the attached sample withdrawal form for this purpose; however, this is not required.

You may also exercise your right of withdrawal using the “Withdraw from Contract” function provided on our website at www.maierimmobilien.de. If you use this withdrawal function, you will immediately receive confirmation of receipt of your withdrawal on a durable medium, specifically via email, including information regarding the content of the withdrawal notice as well as the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send the notice of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments we have received from you in connection with this contract without delay and no later than fourteen days from the day on which we received notice of your withdrawal from this contract.

We will use the same payment method you used for the original payment to process this refund, unless we have expressly agreed otherwise with you. Under no circumstances will you be charged any fees in connection with this refund.

If you have expressly requested that we begin providing the brokerage services before the expiration of the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already rendered up to the time of your withdrawal compared to the total scope of services provided for in the contract.

Note on the Premature Expiration of the Right of Withdrawal
Your right of withdrawal expires prematurely in the case of a contract for the provision of services if we have fully performed the service and have only begun to perform the service after you have expressly agreed that we may begin performing the service before the expiration of the withdrawal period, and you have simultaneously confirmed your awareness that you will lose your right of withdrawal once we have fully performed the contract.

For contracts concluded outside of business premises, consent to the commencement of the service before the expiration of the withdrawal period must be provided on a durable medium.

Sample Withdrawal Form
If you wish to withdraw from the contract, you may fill out this form and return it to us. Use of this form is not mandatory.

To: MAIERIMMOBILIEN GmbH, Oberanger 42, 80331 Munich, Email: info@maierimmobilien.de

I/we hereby withdraw from the contract I/we entered into for the provision of the following service: real estate brokerage services.

Property, if known: ________

Name of the consumer(s): ________

Address of the consumer(s): ________

Email address for confirmation of receipt: ________

Date: ________

Signature of the consumer(s) (only for paper notifications): ________