General Terms and Conditions with fee rates of Realwert Bayern Immobilien und Finanzierungsvermittlungs GmbH
1. The contract offers of Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH are subject to change and non-binding.
2. All information is based on the information provided by the landlord / seller or owner, which we pass on to the interested parties in their name. The information contained in our offers is based on information from third parties and is passed on by us to the best of our knowledge and belief. We cannot assume any liability for the correctness and completeness. Errors excepted.
3. The same terms and conditions apply to further offers.
4. The offer is intended only for you (client/prospective customer) personally and is to be treated confidentially. If it is passed on to a third party who concludes an effective main contract, you shall be liable, in addition to other possible claims for damages, for the amount of the lost buyer’s or seller’s commission.
5. If our contract offer is already known to the prospective customer or client or has been proven by another brokerage company, the latter is obliged to inform Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH of this in writing without delay, but no later than one week after receipt of our information and in any case before the first viewing appointment. If the client does not notify us of his prior knowledge or does not do so in good time, he shall be liable for the resulting damage to the brokerage company.
6. Information on the rent only concerns the rent (net cold rent) and not the additional costs in accordance with § 2 Betriebskostenverordnung and the security deposit (caution) that must be paid in addition.
7. During negotiations with the owner or when viewing our contract offer (property), reference must be made to the offer of our company.
8. Fee rates for undeveloped land, commercial properties, apartment buildings with 2 or more residential units:
Our brokerage company receives a brokerage commission of 3.57% incl. statutory VAT from the buyer and/or seller for the verification or brokerage of the opportunity to conclude a purchase agreement for houses and land as well as apartment buildings (also with building rights) and commercial properties. The division of the total success fee between both clients (buyer/seller) is customary in Bavaria. Due to the respective market situation, the entire success fee can also be agreed unilaterally or in a different distribution ratio.
Since 23.12.2020 applies nationwide for consumers when acquiring condominiums and single-family houses (terraced houses, semi-detached houses, single-family houses with granny flats) in the future §§ 656 a – 656 d BGB and thus the previously practiced transfer of the brokerage commission solely to the buyer is inadmissible.
According to the future applicable “halving principle” (§§ 656 c – 656 d BGB), both the buyer and the seller may therefore only bear half of the brokerage costs incurred. This regulation applies both if the seller wants to pass on his obligation to pay the commission to the buyer (§ 656 d BGB) as well as in the case of the broker’s dual activity (§ 656 c BGB).
Party agreements contradicting the halving principle are ineffective (§ 656 c, 656 d para. 2 BGB).
§ 656a
A brokerage agreement that has as its object the verification of the opportunity to conclude a purchase agreement for an apartment or a single-family house or the brokerage of such an agreement requires the text form.
§ 656b
Personal scope of application of §§ 656c and 656d §§ 656c and 656d only apply if the broker is an entrepreneur and the buyer is a natural person.
§ 656c
Claim for remuneration in case of activity for both parties (1) If the broker has a brokerage fee promised by both parties to the purchase agreement for an apartment or a single-family house, this can only be done in such a way that the parties commit themselves in the same amount. If the broker agrees with one party to the purchase agreement that he will work for this party free of charge, he may not have a brokerage fee promised by the other party. A waiver also has effect in favor of the respective other contractual partner of the broker. It is not possible to deviate from sentence 3 by contract. (2) A brokerage agreement that deviates from paragraph 1 sentences 1 and 2 is ineffective. § 654 remains unaffected.
§ 656d
Agreements on brokerage costs (1) If only one party to the purchase agreement for an apartment or a single-family house has concluded a brokerage agreement, an agreement that obliges the other party to pay or reimburse brokerage fees is only effective if the party that has concluded the brokerage agreement remains obliged to pay the brokerage fee at least in the same amount. The claim against the other party only becomes due when the party that concluded the brokerage agreement proves that it has fulfilled its obligation to pay the brokerage fee. (2) § 656c paragraph 1 sentences 3 and 4 apply accordingly.
Rental:
Our brokerage company receives a commission of 2 net monthly cold rents from the client (landlord) for the brokerage of a lease agreement for the rental of residential space for the agreed or listed net cold rent in the lease agreement plus statutory VAT (currently 19%)
The success fee for the rental of residential space is paid by the client (landlord) according to the new Bestellerprinzip from 06/01/2015 (MietnovG).
The client can order various service phases for the rental of residential space from our brokerage company upon request.
These can be viewed in our business premises upon request or sent by post or e-mail.
9. The success fee is earned upon conclusion of the main contract (notarized purchase agreement or signed lease agreement by tenant and landlord) and is due for payment within 4 weeks.
The same applies to the conclusion of a main contract with deviating content, if the economic equivalence of the contract is maintained.
10. The conclusion of a main contract (notarized purchase agreement or lease agreement) must be communicated to Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH in writing without delay.
11. Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH is permitted to be active on a commission basis for the other contracting party.
12. Deviations and/or additions to our terms and conditions must be agreed in writing
13. Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH undertakes to fulfill the orders entrusted to it with the diligence of a prudent entrepreneur and to process them professionally.
14. Claims for damages against us are excluded even in the event of our own errors, with the exception of intentional or grossly negligent conduct.
15. Verbal collateral agreements are only valid with written confirmation.
16. Place of performance is Starnberg and place of jurisdiction is the Starnberg or Munich District Court.
17. Severability clause:
Should individual provisions of one or this contract be or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the contract as a whole. In place of the invalid or unenforceable provision, that valid and enforceable provision shall apply whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall therefore apply mutatis mutandis in the event that the contract proves to be incomplete.
Consumer information on online dispute resolution pursuant to Regulation (EU) No. 524/2013:
Within the framework of the Regulation on Online Dispute Resolution for Consumer Matters, an online dispute resolution platform of the EU Commission is available to you at http://ec.europa.eu/consumers/odr/
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Contact by mail: info@realwert-bayern.de
Disclaimer
1. References and links
In the case of direct or indirect references to external websites (“hyperlinks”) that are outside the author’s area of responsibility, a liability obligation would only come into force in the event that the author had knowledge of the content and it would be technically possible and reasonable for him to prevent its use in the event of illegal content.
The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the pages to be linked. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked pages that have been changed since the link was set. This statement applies to all links and references set within the own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases set up by the author, on whose content external write access is possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference was made is solely liable, not the one who merely refers to the respective publication via links.
2. Content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to damages of a material or non-material nature, which were caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, unless there is evidence of intentional or grossly negligent fault on the part of the author.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue the publication temporarily or permanently.
3. Data protection
If there is the possibility to enter personal or business data (email addresses, names, addresses) within the Internet offer, the disclosure of this data by the user takes place on an expressly voluntary basis. The use and payment of all offered services is – as far as technically possible and reasonable – also permitted without providing such data or by providing anonymized data or a pseudonym. The use of the contact data published within the framework of the imprint or comparable data such as postal addresses, telephone and fax numbers as well as email addresses by third parties for the transmission of not expressly requested information is not permitted. Legal steps against the senders of so-called spam mails in case of violations of this prohibition are expressly reserved.
4. Copyright and trademark law
The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts.
All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
6. Legal information
Pursuant to §11 of the German Brokerage and Construction Promoters Ordinance (MaBV), we are obliged to point out the following conditions to you.
Payments and other assets from the purchase agreement, except for commission, are to be made exclusively to the seller and will not be accepted by us. All images and graphic representations in this exposé are the property of Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH and may not be used or passed on by third parties. The floor plans shown in this exposé, the planning documents, surveys, area information, information on living space or any living space calculation handed over beyond this exposé originate from the owner and/or have been created on the basis of the documents handed over to us by the owner. Any handed over living space calculation or shown living spaces serve only as a reference point and are not the basis of the main contract to be concluded. It is the responsibility of the interested party to check the aforementioned documents himself or to have them checked and, if necessary, to record the assurances decisive for him in the purchase agreement. A computational and/or technical review has not taken place by Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH. For the aforementioned reasons, Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH assumes no liability for the content and accuracy of the documents handed over by the owner. Liability is therefore excluded in any case.
Right of withdrawal
The prospective customer or client has the right to withdraw from a contract offer within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of the contract offer.
In order to exercise your right of withdrawal, you must inform Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH, Würmstr. 4, 82319 Starnberg, Tel.: 08151-5508848, Fax.: 08151 – 5509271, E-Mail: info@realwert-bayern.de, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from a contract offer. You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To Realwert Bayern Immobilien- und Finanzierungsvermittlungs GmbH, Würmstr. 4, 82319 Starnberg, Tel.: 08151-5508848, Fax.: 08151 – 5509271,
E-Mail: info@realwert-bayern.de,
– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Delete as applicable.
Consequences of withdrawal
If you withdraw from our contract offer, we shall refund all payments (e.g. a reservation fee) that we have received from you within the withdrawal period without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from our contract offer. For this refund, we will use the same means of payment that you used, unless expressly agreed otherwise with you. In this case, you will not be charged any fees for this refund.
If you have requested that our services should begin during the withdrawal period, you shall reimburse us for a reasonable amount corresponding to the proportion of the services already provided, such as the preparation for the creation of a purchase or lease agreement, in reasonable proportion up to the time at which you informed us of the exercise of the right of withdrawal with regard to our contract offer.
