General Terms and Conditions (AGB)
of the real-estate brokerage sole proprietorship EIS Europäischer Immobilien Service
If there is any discrepancy between the German version of these General Terms and Conditions and versions in other languages, the German version alone is authoritative and legally binding. The law of the Federal Republic of Germany applies.
Scope
Our terms and conditions apply exclusively. They form part of all contracts concluded between the principal and us. They also apply to all future offers to the principal, even if they are not separately agreed again. Conflicting terms apply only if we have agreed to them in writing.
Offers and conclusion of contract
(1) The subject of our business is the introduction of an opportunity to conclude a contract and/or the brokerage of a contract concerning developed and undeveloped real property, in particular industrial and commercial properties, investment properties, residential buildings, agricultural and forestry land, as well as residential and commercial premises, in particular office floors and retail units, and also companies and interests in companies. Our activity covers the introduction and/or brokerage of an acquisition, a disposal, a letting or leasing, and any other realisation of the properties referred to. (2) EIS Immobilien does not provide investment advice to the principal. (3) Our offers are non-binding and subject to change; error and prior disposal are expressly reserved. Side agreements to our written offers are valid only if confirmed by us in writing. (4) If a landlord instructs us to let one or more apartments (including furnished apartments), the brokerage contract is formed upon confirmation by EIS Immobilien in text form or when EIS Immobilien begins to perform the activity. (5) A non-binding and free search instruction is formed as soon as the customer completes the designated online form on the website, accepts the terms and conditions and the privacy policy, and submits the form. A fee-based brokerage contract for residential premises is formed only if the principal issues a search instruction to us in text form (e.g. email) and we procure, solely because of that instruction, the apartment in respect of which the tenancy agreement is concluded. (6) If an object named by us is already known to the principal, the principal must notify us of this in writing without delay within 3 calendar days and, upon request, provide evidence of this.
Confidentiality and disclosure
(1) Our offers are intended exclusively for the recipient, must be treated as confidential by the recipient, and must not be disclosed to third parties unless we have given written permission for disclosure. (2) We are entitled to submit or provide all offers and information to third parties as well.
Commission
(1) For both the brokerage and the introduction of a purchase or other acquisition contract, including a so-called share deal, the seller and the buyer each pay a commission of 3.57% of the total purchase price, including all ancillary agreements connected with the acquisition or substitute transactions, such as purchase instead of rent or similar, including VAT, unless otherwise agreed. In the case of a sale on an annuity basis, the purchase price is the cash price plus the capitalised annuity interest (present capital value of the annuity). For the creation and transfer of heritable building rights, the commission is 3.57% of the purchase price including VAT. If no such purchase price is agreed, it is replaced, at our election, either by 25 times the annual ground rent or by the calculated present capital value of the heritable building right. In calculating the present capital value, the customary market effective interest rate for mortgage loans with a 10-year fixed-interest period and 100% disbursement is to be applied. (2) For the brokerage of commercial tenancy, lease and comparable use agreements, and for the introduction of the opportunity to conclude such agreements, the tenant, lessee or user pays, for agreements with a term of up to 5 years, a commission of 3.57 net monthly rents including VAT. For agreements with a term of more than 5 years, the tenant pays a commission of 4.76 net monthly rents including VAT. Option rights are treated as an extension of the term to the extent of the right to extend the contract. Where a stepped rent is agreed, the commission is calculated on the basis of the average monthly rent over the entire term. (3) Upon the successful letting of residential premises, we receive from the principal a commission of 2.38 monthly rents including VAT. The commission is calculated on the basis of the net cold rent (excluding operating and ancillary costs). (4) For the brokerage of a right of first refusal, upon exercise of that right we receive from the entitled party a commission of 3.57% of the market value of the entire property including VAT. (5) If, on the basis of our introduction, an object is acquired in foreclosure proceedings, we receive from the acquirer a commission of 6.25% of the highest bid including VAT, unless another arrangement is made or an agreement equivalent to an acquisition by purchase is concluded. (6) We are also entitled to the commission under the foregoing provisions if a transaction that is economically equivalent or similar is concluded. We are further entitled to the commission if the recipient of the offer passes our offer on to a third party without our consent and that third party concludes the purchase, acquisition or tenancy agreement, or if the recipient of the offer, as statutory or contractual representative of a third party, causes an acquisition, purchase, letting or lease in their own name. Third parties include spouses and family members as well as legal entities represented by the recipient of the offer. Third parties also include related parties within the meaning of section 15 of the German Fiscal Code (AO), including legal entities that are represented and/or economically controlled by third parties. (7) All commissions are earned and due at the time the brokered and/or introduced transaction becomes legally effective. (8) The commissions are based on the currently applicable VAT rate of 19%. If VAT is increased or reduced relative to that rate, commissions that become due from the time of the increase or reduction change by the same percentage. This does not apply to commissions that become due within four months of conclusion of the contract.
Principal’s duties of cooperation and information
Our principal is obliged to provide us, completely and accurately, with all information we need to perform the instruction. The principal is obliged to make available to us all documents necessary to perform the instruction (e.g. energy performance certificate). The principal must also inform us without delay of the conclusion of the contract, the contracting party and the contractual terms. Upon request, the principal is obliged to provide us with a copy of the contract.
Sole agency and dual agency
(1) If we have been granted a sole agency, our principal is obliged not to instruct any other brokers besides us for the duration of the contract. (2) We are entitled to act for the other contracting party as well, for a fee. In the case of dual agency we are obliged to remain impartial.
Liability
(1) In cases of intentional or grossly negligent breaches of duty, and in the event of culpable injury to life, body or health, we are liable without limitation for all damage resulting therefrom, unless otherwise provided by law. In cases of slight negligence we are liable for property damage and financial loss only in the event of a breach of material contractual obligations, and our liability is limited to the damage that is typically foreseeable for the type of contract. (2) With regard to the property, EIS Immobilien depends on information from sellers, landlords, lessors, developers, building contractors and public authorities. No liability is assumed for the accuracy and completeness of that information. In addition, EIS Immobilien gives no warranty for the properties and is not liable for the creditworthiness of the contracting parties.
Data protection
Detailed information on the collection, processing and use of personal data on our website, and on your rights as a data subject, can be found in our separate privacy policy.
Place of jurisdiction, place of performance, governing law
(1) If the principal is a merchant within the meaning of the German Commercial Code, a legal entity under public law, a special fund under public law, or if the principal has no general place of jurisdiction in Germany, the exclusive place of jurisdiction, including internationally, for all disputes arising from the contractual relationship is our place of business in Munich. (2) The place of performance for the mutual obligations arising from the contractual relationship is Munich. (3) The law of the Federal Republic of Germany applies exclusively.
Language versions and governing law
If there is any discrepancy between the German version of these General Terms and Conditions and versions or automatic translations in other languages (for example by search engines or browser extensions), the German version alone is authoritative and legally binding. The law of the Federal Republic of Germany applies.