1. The contract offers of Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH are subject to change and are non-binding.
2. All information is based on particulars provided by the landlord / seller or owner, which we forward to the interested parties on their behalf. The information contained in our offers is based on the information provided by third parties and is provided to the best of our knowledge and belief. However, we accept no responsibility for the correctness and completeness of the information. Errors and omissions excepted.
3. The same terms and conditions apply to other offers.
4. The offer is only intended for your (client/interested party) and must be treated as confidential. In the event of a disclosure to a third party, who concludes an effective main contract, you shall be liable for the amount of the buyer's or seller's commission in addition to other possible claims for damages.
5. If our contract offer is already known to the interested party or client or was documented by another broker company, then the interested party or client is obligated to immediately inform Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH thereof in writing, however at the latest within one week after receiving our information and in each case before the initial viewing appointment. If the client does not inform or fails to provide said information in good time, he shall be liable for the arising damage of the broker company.
6. Details on the rent only relate to the rent (basic net rent excluding service costs) and not the utilities and common charges i.a.w. § 2 Betriebskostenverordnung (German Regulation on Operating Costs) and the security deposit which must be paid in addition.
7. In the case of negotiations with the property owner or upon inspection of our contract offer (property), reference must be made to the offer from our company.
Our broker company receives a commission of 3.57% incl. statutory VAT from the purchaser and/or seller for the proof or arrangement of the opportunity for conclusion of a purchase contract for house and property, apartments, commercial property, as well as developed and undeveloped leaseholds. The division of the total success fee between both clients (purchaser/seller) is customary in Bavaria. Owing to the respective market situation, the total success fee may also be agreed to be paid by one party or in a different proportion.
Our broker company receives a commission of 2 month's basic net rent from the client (lessor) for the agreed or listed basic net rent in the rental agreement plus the statutory VAT (currently 19%) for the arrangement of a rental agreement for the rental of a living space.
The success fee for the renting of living space is paid by the client (lessor) according to the new client pays agent principle of 01.06.2015 (MietnovG).
Upon request the client may order different service phases for the renting of living space from our broker company.
They can be viewed in our offices or sent to you by e-mail or post.
9. The success fee is earned upon conclusion of the main contract (notarial purchase contract or signed rental agreement by lessor and lessee) and is due for payment within 4 weeks.
The same also applies upon conclusion of a main contract with deviating content, if the economic equivalence of the contract is preserved.
10. The effective conclusion of a main contract (notarial purchase contract or rental agreement) must be notified to Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH immediately in writing.
11. Deviations and/or supplements to our terms and conditions of business must be agreed in writing.
12. Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH undertakes to fulfil and process its entrusted duties with the due care and diligence of a prudent businessman and to undertake such in a professional manner.
13. Claims for damages against us are invalid, even if due to our own mistakes, except in the case of intent or gross negligence on our part.
14. Verbal assurances are only valid with written confirmation.
15. The place of fulfilment is Starnberg and the place of jurisdiction is the District Court of Starnberg or District Court of Munich.
16. Severability clause:
Should individual provisions of a contract or this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, then the remaining provisions of the contract shall remain unaffected thereby. The invalid or unenforceable provision shall be replaced with a valid or enforceable provision which comes as close as possible to the economic intent envisaged by the original provision. The aforementioned provisions shall also apply in the case of an omission in the contract.
Consumer information on online dispute settlement under Regulation (EU) No 524/2013:
Under the Regulation on online dispute resolution on consumer issues, please visit http://ec.europa.eu/consumers/odr/ An online dispute resolution platform of the EU Commission.
Right of revocation
The interested party or client has the right to cancel a contract offer within fourteen days without giving reasons. The revocation period is fourteen days from the date of the contract offer.
Sample withdrawal form
(If you want to revoke the contract, please complete this form and return it.)
To Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH , Würmstr. 4, 82319 Starnberg, Tel.: +49 8151-5508848, Fax.: +49 8151 – 5509271,
- I/We (*) hereby withdraw from the contract concluded by me/us (*) regarding the provision of the following service (*)
- Ordered on (*) / Received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for correspondence on paper)
(*) Delete as applicable.
Consequences of cancellation
If you revoke our contract offer, we shall refund all payments made within the period of revocation (e.g. reservation fee), which we have received, with immediate effect and at the latest within fourteen days from the date on which we received the correspondence relating to your revocation of our contract offer. For this refund we use the same means of payment which you used, unless otherwise expressly agreed with you. In this case you shall not be charged any fees owing to the refund.
If you have requested that our services are to commence during the period of revocation, you refund us an appropriate amount proportionate to the services already provided up to the date on which you informed us of your revocation of our contract offer, e.g. an amount commensurate with the preparation for the compilation of a purchase contract or rental agreement.