AGB

1. General Provisions

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The following General Terms and Conditions (GTC) apply to all brokerage agreements concluded between Amanda Nopens (hereinafter referred to as “Broker”) and the clients (hereinafter referred to as “Client”), regardless of whether they concern sales, purchase, or rental assignments.

Where specific clauses apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) or to merchants, this is explicitly stated in the respective clause.

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2. Brokerage Agreement, Exclusive Contract, Term, and Engagement of Third Parties

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1. During the term of the brokerage agreement, the Client undertakes not to engage any additional brokers or third parties to market the property, unless otherwise agreed.

2. Unless otherwise stipulated, the term of an exclusive contract is 12 months.

3. The Broker is entitled to engage additional brokers to support its brokerage activities.

4. In a standard brokerage agreement (non-exclusive), the Client is free to engage additional brokers to market the property.

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3. Dual Agency

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The Broker is permitted to act for both the seller/landlord and the buyer/tenant, provided that no statutory prohibition applies.

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4. Accrual and Due Date of Commission

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1. The Broker is entitled to commission when they provide evidence of an opportunity to conclude a contract or successfully broker a purchase, rental, lease, share acquisition, or heritable building right agreement (hereinafter referred to as the “Main Contract”) for the property.

2. The commission becomes due upon conclusion of the Main Contract.

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5. Commission Amount

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1. Unless otherwise agreed, the amount of the Broker’s commission is based on the location of the property and the customary rates in the region.

2. Entrepreneurs may only offset claims against commission payments if such claims have been legally established or have been acknowledged in writing by the Broker. The same applies to rights of retention.

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6. Client Obligations

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1. The Client authorizes the Broker to inspect relevant documents such as the land register, building files, and other administrative records. The Client also assigns to the Broker any information and inspection rights they hold toward the property management association (WEG administrator).

2. During the term of an exclusive contract, the Client is prohibited from actively advertising the property themselves via online platforms or newspaper ads. However, the Client may conclude the Main Contract if they independently find a contracting party.

3. All information and property disclosures provided by the Broker are intended solely for the Client. Disclosure to third parties requires the Broker's written consent.

4. If the Client is already aware of the property, they must immediately provide written proof of this to the Broker.

5. The Client must inform the Broker of the conclusion of any Main Contract, including the contracting parties and agreed terms (e.g., purchase price or rent). The Broker is entitled to obtain necessary information from authorities, notaries, or other parties involved.

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7. Reimbursement of Expenses

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If the Client no longer wishes to conclude the Main Contract during the term of an exclusive agreement or prevents or unfairly impedes its conclusion, the Client shall reimburse the Broker for verifiable expenses incurred.

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8. Limitation of Liability

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1. The Broker’s liability is limited to intentional or grossly negligent conduct.

2. This limitation does not apply to damages arising from injury to life, body, or health, insofar as such damages result from negligent breaches of duty by the Broker or its agents.

3. The property information provided by the Broker is based on details supplied by the seller or a third party commissioned by the seller. The Broker assumes no liability for the accuracy of this information.

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9. Side Agreements

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Any amendments, supplements, or side agreements must be made in writing in order to be valid.

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10. Place of Performance and Jurisdiction

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1. If the Client is a merchant within the meaning of the German Commercial Code (HGB), the place of performance for all obligations arising from this contractual relationship shall be the Broker’s registered office.

2. The place of jurisdiction for disputes between the Broker and the Client is also the Broker’s registered office, provided both parties are merchants.

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11. Severability Clause

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Should any provision of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes as close as possible to the economic purpose of the original provision.