Standard Business Terms

1. Offers
Our offers, communications, prospectuses, etc. along with our brokerage activities are based on the information provided to us by the property owner or other parties authorised to provide information. We cannot assume any liability for ensuring that such information is accurate, complete or up-to-date. It is therefore the responsibility of the customer to verify the accuracy of the information and any statements contained therein. Errors, prior sale or interim letting are reserved.

2. Confidentiality
Our offers, communications, prospectuses, etc. are intended exclusively for the customer, are to be treated confidentially and may only be shared with third parties with our written consent. In the event information is shared with third parties without our prior written consent, the recipient shall be obliged to pay the customary local or agreed commission as compensation if the third party concludes the transaction (rental or purchase contract) without having concluded a brokerage agreement with us and we thereby lose our entitlement to a commission. We reserve the right to assert further claims for damages.

3. Prior knowledge
If the recipient is already aware of the property shown or brokered by us, this must be communicated to us in writing immediately after receipt of our verification or prospectus. If this is not done, the customer shall pay compensation for damages by reimbursing us for all expenses incurred by us due to the fact that the customer did not inform us of such prior knowledge.

4. Accrual of the right to a commission
Our entitlement to commission accrues as soon as a contract regarding the property indicated by us has been concluded on the basis of our verification or our brokerage activities. Concurrent causality is also sufficient for such purposes. If the contract is concluded under conditions other than those originally offered or if it is concluded with regard to another property of the contractual partner verified by us, this shall not affect our entitlement to commission if the transaction offered by us is economically identical or if its economic success deviates only insignificantly from the transaction offered. The foregoing also applies if a contract other than that originally envisaged is concluded. This also applies to the acquisition of a property verified or brokered by us in the course of a bidding process, in particular a foreclosure sale or other auction.

The entitlement to commission also continues to apply if the contract concluded lapses upon the occurrence of a condition precedent. The same shall apply if the contract lapses owing to the exercise of a statutory or contractual right of rescission if the right of rescission is exercised for reasons for which one party is responsible or for other reasons that relate to the person of the other party.

Rights of retention and set off against the commission claim are excluded, unless the claim to be offset is not disputed or has been finally determined by a court.

5. Follow-on transactions
We shall also be entitled to a commission if further contractual agreements are reached that have their basis in the brokerage agreement concluded by us and that bear a temporal or economic relationship to the first property brokered or shown by us.

6. Due date and commission amount
The commission is due and payable upon the conclusion of a contract in proper form, or upon the conclusion of an equivalent transaction that is related to brokerage activities performed by the broker.

In the event of default, interest on arrears shall be payable at a rate of 5% p.a. to consumers within the meaning of section 13 BGB, in all other cases at a rate of 9% p.a., in each case above the applicable base rate. This is without prejudice to the right to assert additional damages related to the default.

As a rule, the commission shall be borne by the buyer or tenant. However, when seeking to let residential space, the person seeking a flat shall only bear the commission if we have received instruction to offer the residential space in question from the landlord or other authorised person exclusively in light of a brokerage contract concluded in writing with the party seeking a flat.

There is likewise no entitlement to payment of a commission for the brokerage of residential space in cases where a tenancy agreement for the same residential space is continued, extended or renewed or if we are the owner, landlord, manager or tenant of the residential space concerned or if the tenancy agreement is concluded for residential space whose owner, manager or landlord is a legal entity in which we have a legal or economic interest or in which the owner, manager or landlord has an economic interest in us.

The gross commission amount is subject to adjustment in the event of a change in the tax rate. Property acquisition tax, notary and court costs shall be borne by the buyer.

In the case of purchase contracts, the basis for calculating the commission is the purchase price including any value-added tax which may be shown separately and including all ancillary fees. The exact amount of the commission requires a special agreement; if no such agreement has been made, the customary commission shall be deemed to have been agreed.

In the case of commercial rental contracts, the exact amount of the commission requires a special agreement; if no such agreement has been made, the customary commission shall be deemed to have been agreed.

In the case of tenancy agreements for residential space, the commission shall be two months’ rents plus the applicable statutory value-added tax.

7. Acting on behalf of third parties
We are also entitled to act on behalf of the other party to the contract on a commission-basis, provided there is no conflict of interest and this is legally permissible.

8. Disclaimer of liability
Claims for damages by the customer are excluded unless otherwise specified below. The foregoing disclaimer of liability shall also apply in favour of our legal representatives and vicarious agents if the customer asserts claims against them.

This disclaimer of liability does not apply to claims for damages due to injury to life, limb, health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Furthermore, this disclaimer of liability does not apply to liability for damages resulting from an intentional or grossly negligent breach of duty.

9. Data protection
The customer expressly agrees that, in order to fulfil our obligations, we are authorised to process the required personal data of the customer in accordance with applicable statutory provisions.

10. Ancillary agreements and contract amendments
There are no written or verbal ancillary agreements.

Amendments or additions to this contract must be in writing in order to become effective. The same applies to any waiver of the written form requirement.

11. Applicable law, place of performance and jurisdiction
To the extent mandatory provisions of law do not apply otherwise, the relationship between the contracting parties shall be governed exclusively by German law.
The place of performance for all obligations arising under the contract shall be the location of our registered office.

The location of our registered office shall be the agreed place of jurisdiction in the case of merchants, legal entities under public law or special funds under public law, or customers who do not have a general place of jurisdiction in Germany.

12. Other agreements
Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall replace any such invalid provision with a provision that comes as close as possible to the economic interests of the parties and that otherwise does not conflict with the contractual agreement.

13. Cancellation policy for consumers
13.1. Right of cancellation
You have the right to cancel this contract within fourteen days without needing to specify the grounds.
The cancellation period is fourteen days from the date of the conclusion of the contract.

In order to exercise your right of cancellation, you must inform us, MAIERIMMOBILIEN GmbH, Westermühlstraße 23, D-80469, Munich, fax: 089 45 22 173-29 or, of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample cancellation form, but this is not required. Download sample cancellation form
In order to comply with the cancellation period, it is sufficient that you send notice of your exercise of the right of cancellation before the expiry of the cancellation period.

13.2. Consequences of cancellation
If you choose to cancel this contract, we shall refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-effective standard delivery offered by us), no later than fourteen days from the date on which we have received your notice of cancellation. Unless otherwise explicitly agreed with you, the refund will be issued via the same payment method which you provided for the original transaction; under no circumstances will you be charged fees for processing this refund.

If you have already asked for services to begin during the period prior to cancellation, you will have to pay an appropriate amount corresponding to the services already provided up to the date on which you notified us that you were exercising your right to cancel the contract prorated to reflect the services provided for in the contract.

13.2. Notice about the premature expiry of the cancellation right
In the case of a contract for the provision of services, your cancellation right expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time have confirmed your knowledge that you will waive your right of cancellation if we have fulfilled the contract in full.

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