General terms and conditions

between company Wolf Real Estate as an agent and customer as a consumer

1. validity / Applicability
With the request of the exposé / use of the above offer or contact with us or the owner, between the user / recipient (broker customer) and the company. Wolf Real Estate a commissionable brokerage contract for the offered object is concluded. The GTC are an integral part and are hereby acknowledged by the broker client.

2. confidentiality / prohibition of disclosure
The offers and information sent are to be treated confidentially and are intended only for the respective recipient. Passing on to third parties without consent is prohibited. Consent must be given in writing prior to disclosure. If the customer violates this obligation and the third party or another person to whom the third party in turn has passed the information concludes the main contract, the customer is obliged to pay the agreed commission. A replacement transaction also exists if the customer buys instead of renting or vice versa. In order to trigger the commission obligation in the case of substitute transactions, it is not necessary that the transaction subject to commission is economically equivalent to the originally intended transaction.

3. limitation of liability offers / owner information
Offers are subject to change and are non-binding. Errors and prior sale / prior rental are reserved. Property-related information, are based on the information provided to us by the owner / seller or a third party and are neither checked for accuracy nor completeness. It is the customer’s responsibility to check this information for accuracy.

4. conclusion of contract / due date of commission / causality
The broker owes the customer verification (disclosure of the property address and / or the provider) or brokerage activity, for which the customer must pay the agreed commission in the event of success. The brokerage contract may be concluded by notarial deed, in writing, orally, by telephone and by conclusive conduct. If the broker has proven the opportunity to conclude the contract and his activity is followed by the conclusion of the main contract within a reasonable period of time, the conclusion of the causal connection between the two is self-evident; the customer has the burden of proof for any interruption of the causal connection.

5. amount / due date of commission / extended commission payment obligation
The commission is calculated from the total purchase price or the total rental price. The commission is due for payment upon conclusion of the purchase contract / lease. The customer is obliged to pay the agreed brokerage commission even if he achieves the same economic success with the actually concluded contract. This applies in the same way if the customer itself has a major stake in the transaction concluded or if there is a firm, long-term relationship between the customer and the acquirer, usually under family and company law.

6. dual activity
The broker may act on behalf of both the seller and the buyer on a commission basis.

7. previous knowledge
If the customer is already aware of the offered object, he must inform us of this within 3 calendar days at the latest and provide evidence upon request. If the customer fails to provide this information, he must compensate for all expenses incurred as damages.

8. duty to provide information and granting of power of attorney
The customer (client as owner) is obligated to inquire with the broker after the conclusion of the sales contract under indication of the name and the address of the buyer whether the supply of the contracting party was caused by the broker activity. The customer hereby grants the company Wolf Real Estate Power of attorney to inspect the land register, official files, building files as well as all information rights and inspection rights vis-à-vis the administrator as they are due to the client as condominium owner.

9. individual agreements
The contracting parties are free to negotiate deviating agreements to the extent legally possible and permissible in the following exemplary individual clauses:

1. acquisition in compulsory auctions

2. appropriate non-termination clause

3. liquidated damages for breach of contract

4. referral and addition clause

5. commission claim for replacement and follow-up transactions

6. extension of the contract period

10. limitation of liability
The broker’s liability is limited to grossly negligent or intentional conduct, provided that the customer does not suffer bodily injury or lose his life as a result of the broker’s conduct. The broker is not liable for the creditworthiness of the brokered contracting party.

11. statute of limitations
The limitation period for all claims for damages of the customer against the broker is 2 years. It shall commence at the time when the triggering act has been committed in relation to the obligation to pay damages. Should the statutory limitation provisions lead to a shorter limitation period for the broker in individual cases, these shall apply.

12. place of performance and jurisdiction
Place of performance and jurisdiction for registered business is Munich.

13. salvatory clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The respective invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and otherwise does not conflict with the contractual agreements.

Online dispute resolution pursuant to Article 14 para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/.