Allgemeine Geschäftsbedingungen (AGB)

These General Terms and Conditions (GTC) apply to the provision of the estate agency services of ESTAYA Holding GmbH and ESTAYA Real Estate GmbH, unless something different is agreed in writing in an individual case. These GTC form part of every agency agreement and exclude the application of any terms and conditions of the client. They also apply to future business relationships between the parties, unless otherwise agreed.

I. Conclusion and Term of Contract, Acting for Both Parties

An agency agreement whose subject matter is the introduction of an opportunity to conclude a purchase contract for a flat or a detached house pursuant to Section 656a BGB, or the brokering of such a contract, must be concluded in text form. Other agency agreements require no particular form and come into being through the express declaration of both parties or through the use of our services subject to commission. Unless otherwise stipulated, the agency commission is also referred to below as the fee.

The agency agreement is of unlimited duration unless otherwise agreed in the agency agreement, and may be terminated by either party giving 6 months' notice. The obligation to pay remuneration for services rendered up to the point at which the termination takes effect remains in place if a principal contract is concluded. We are entitled to act for the other contracting party as well.

II. Offers

Our offers are non-binding and subject to change; alterations, errors, and sale or letting elsewhere are reserved. Our offers are based on information provided by third parties, for the accuracy and completeness of which we accept no warranty or liability. Images and drawings serve as preliminary information only and may not be to scale. Property brochures and other documents are non-binding.

III. Disclosure of Information and Documents

Our offers are confidential and intended for the recipient alone. Disclosure to third parties requires our written consent. The details are governed by a separate confidentiality agreement to be concluded. The client owes the fee even if they make a third party the principal contracting party or act in the interest of a third party. In the event of the unauthorised disclosure of information, the client is liable for all damage caused, but at least in the amount of the fee lost. In order to fulfil our instructions, we may engage other estate agents and pass on to them the necessary information.

IV. Prior Knowledge and Abandonment of the Intention to Transact

The client must inform us in writing without delay if an opportunity to conclude a principal contract that we have introduced is already known to them. Should the client abandon their intention to transact, they must likewise notify us in writing without delay. In the event of a culpable breach of these obligations, the client is liable for the resulting damage.

V. Accrual of the Fee Claim

Our claim to a fee arises as soon as, through our introduction or brokering, a principal contract (e.g. a purchase or tenancy contract) for the property comes into being. A contributory cause is sufficient. If the contract is concluded on terms other than those originally offered, or in respect of a different property of the contracting party introduced or brokered by us, this does not affect our claim to a fee, provided that the transaction concluded bears an economic connection to the one originally offered.

VI. Follow-On Transactions

We are also entitled to our fee where, in temporal and economic connection with the first contract we have arranged, further agreements are concluded that arise from our services.

VII. Due Date of the Fee Claim, Prohibition of Set-Off

The fee falls due upon conclusion of the principal contract and is payable without deduction once invoiced. In the event of default, statutory default interest is owed. We are entitled to be present at the conclusion of the contract. Where this takes place without our presence, the client must notify us of the essential terms of the contract without delay and, on request, provide a copy of the contract. Set-offs against our fee claim are permitted only with claims that are undisputed or have been finally established by a court of law.

VIII. Seller / Landlord as Client

The party offering the property must inform us promptly, fully and accurately of all material circumstances and contractual terms relating to the property. We are permitted to use the information provided for the marketing and promotion of the property.

IX. Fee Rates (Agency Commission)

Our offers are subject to commission unless stated otherwise or agreed in writing. For consumers buying a flat or a detached house, the provisions of Sections 656c and 656d BGB take precedence. In all other respects, the following fee rates apply:

a) Fee payable by the buyer

For a property value below EUR 117,000, the fee including VAT amounts to EUR 8,330.00; for a value up to EUR 2,000,000, 8.33%; for a value up to EUR 5,000,000, 7.14%; for a value up to EUR 25,000,000, 2.98%; and for a value above EUR 25,000,000, 4.76%. Consumers within the meaning of Sections 656a et seq. BGB pay no higher fee than the seller.

b) Fee payable by the seller

Any applicable terms are set out in the agency agreement. Should no agency agreement exist, the fee is calculated as follows: for a property value below EUR 117,000, the fee including VAT amounts to EUR 4,165; for a value up to EUR 2,000,000, 4.17%; for a value up to EUR 5,000,000, 3.57%; for a value up to EUR 25,000,000, 2.98%; and for a value above EUR 25,000,000, 2.38%.

The fee rates for purchase contracts also apply to the transfer or creation of a heritable building right, based on the value of the plot and the value of any existing buildings.

The fee rates also apply to the transfer of company shares and are calculated on the basis of the company's gross assets or the market value of the properties. The fee payable by the buyer to ESTAYA is determined according to the size of the shareholding on the basis of the company's gross assets (Section 266 (2) HGB). As a minimum, however, the fee is calculated on the basis of the market value of the properties held among the company's assets.

Letting

General provisions: The rent relevant to the calculation of the fee is the agreed average net cold rent over the term of the contract, taking any graduated increases into account but excluding any index-linked adjustments. The term refers to the minimum contractual duration, without regard to options or special termination rights. The contract value is the total rent owed over the entire term.

a) Letting of residential property: The fee amounts to 2.98 net monthly rents including VAT. Only where there is a valid tenant instruction pursuant to Section 2 (1a) WohnVermG may the tenant also owe a fee.

b) Commercial letting (renting or letting): For contracts (tenancy, lease or leasing agreements) of more than 10 years, the fee amounts to 3.5% of the contract value; for shorter terms, three monthly rents. Tenants pay the same fee rates. In the case of rental options of less than 10 years or rights of first refusal and pre-emption to let, the additional fee amounts to one monthly rent.

aa) Fee payable by the landlord of commercial premises: For contracts with a term of ten years or more, the fee amounts to 3.5% of the contract value. For shorter terms, the fee amounts to three monthly rents.

bb) Fee payable by the tenant of commercial premises: The same fee rates as for landlords apply. Where, for a term of less than ten years, the tenant is granted an additional rental option enabling a total term of ten years or more, the fee is calculated as for a ten-year term. In the case of a rental option with a total term shorter than ten years, as well as rights of first refusal and pre-emption to let, the additional fee amounts to one monthly rent. Further contributions by the landlord (e.g. subsidies, the assumption of liabilities or compensation payments) increase the basis on which the agency fee is calculated, spread evenly across the term.

X. Liability

We accept unlimited liability for damage caused intentionally, as well as for damage resulting from injury to life, body or health that is based on a negligent breach of duty, even where such damage is caused by a legal representative or vicarious agent. For negligently caused damage to property and financial loss, we, our legal representatives and our vicarious agents are liable only in the event of a breach of material contractual obligations. Such liability is, however, limited in amount to the foreseeable damage typical of this type of contract at the time the contract is concluded. Any further liability is excluded.

XI. Limitation Period

Claims against us arising from breaches of duty or contractual performance are subject to the statutory limitation periods. For all other claims against us, the limitation period is one year from the commencement of the statutory limitation period.

XII. Place of Performance, Jurisdiction, Applicable Law

The place of performance and place of jurisdiction for merchants is the registered office of ESTAYA Holding GmbH and ESTAYA Real Estate GmbH. German law applies.

XIII. Partial Invalidity

Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by one that most closely reflects its economic purpose.

Information for Consumers

Notice pursuant to Article 14 (1) of Regulation (EC) 524/2013 regarding the European Commission's online dispute resolution platform: http://ec.europa.eu/consumers/odr. We do not take part in dispute resolution proceedings before a consumer arbitration board, nor are we obliged to do so.