General Terms and Conditions (GTC) - Forner Wichern Immobilien GmbH
1. scope of application
These General Terms and Conditions apply to all contracts, certificates, offers and other brokerage services provided by Forner Wichern Immobilien GmbH (hereinafter referred to as "Broker") to clients and interested parties, unless expressly agreed otherwise in writing.
They apply, in particular, to the brokerage of land, residential or commercial property, rental or leasehold properties and other property transactions.
2. conclusion of the brokerage agreement
A brokerage agreement between the broker and the client is concluded by:
- Written agreement (e.g. brokerage contract),
- Verbal authorisation, or
- The utilisation of brokerage services, in particular by requesting an exposé, arranging a viewing appointment or other use of the verification or brokerage service.
The terms and conditions shall also apply to all future brokerage services without the need for a new express agreement.
3. commission claim
3.1 Origin of the commission claim
A commission claim arises if a notarised purchase agreement or a rental or lease agreement is concluded as a result of the broker's activities. It is sufficient if the broker's activity was a contributory factor in bringing about the main contract.
3.2 Maturity
The commission is due upon conclusion of the notarised purchase contract or upon conclusion of the other main contract. The commission is payable without deduction within 7 days of invoicing.
3.3 Amount of commission
In the event of sale of a property, the buyer's commission is 3.57 % of the notarised purchase price including statutory VAT.
A brokerage agreement for the same amount is also in place with the seller. Both parties are obliged to pay, unless expressly agreed otherwise in writing.
For letting2.38 net monthly rents incl. statutory VAT from the client, insofar as permissible in accordance with Section 2 (1a) of the German Residential Property Brokerage Act (ordering principle)
4. dual activity
The broker is also authorised to work for the other contracting party (e.g. seller or landlord) for a fee and subject to commission, provided there is no conflict of interest. This is expressly recognised by the client.
5. information on real estate / disclaimer
5.1 Source of information
All information on the properties (in particular floor space, year of construction, condition, admissibility under building law, income situation, types of use, etc.) is based on information provided by the owner, seller or third parties.
5.2 Plausibility check
This information has only been checked by the broker for plausibility. The broker does not carry out any further checks on the content.
5.3 Liability
The estate agent accepts no liability for the accuracy, completeness and up-to-dateness of this information. Changes, errors, prior sale or prior letting are expressly reserved.
6. limitation of liability
The broker's liability - irrespective of the legal grounds - is limited to wilful and grossly negligent behaviour.
In the event of slight negligence, the broker shall only be liable for the breach of material contractual obligations (cardinal obligations), but limited to the typical, foreseeable damage.
Excluded from this limitation of liability are
- Damage resulting from injury to life, body or health,
- Damage due to guaranteed characteristics within the meaning of § 443 BGB,
- Claims arising from the Product Liability Act.
These restrictions apply equally to legal representatives, vicarious agents and employees of the broker.
7. data protection
Personal data is processed in accordance with the statutory provisions.
The legal basis for processing is Art. 6 para. 1 lit. b GDPR (fulfilment of contract or pre-contractual measures).
The data will only be passed on if this is necessary for the fulfilment of the brokerage contract - e.g. to sellers, notaries, banks or experts.
Further information on data protection can be found in the data protection declaration on the broker's website (www.forner-immofinanz.de).
8 Confidentiality and prohibition of disclosure
All information provided by the estate agent - in particular exposés, property documents or addresses - is intended exclusively for the client and may not be passed on to third parties without express written consent.
If a contract is concluded as a result of the unauthorised disclosure, the client is obliged to pay the full commission.
9. right of cancellation for consumers (§ 355 BGB)
Consumers within the meaning of Section 13 of the German Civil Code (BGB) who conclude the brokerage contract by means of distance selling (e.g. telephone, e-mail, Internet) have a statutory right of cancellation of 14 days.
The complete cancellation policy and a corresponding sample cancellation form will be provided to the customer upon conclusion of the contract.
If the consumer expressly wishes the broker to take action before the cancellation period expires, the consumer loses the right of cancellation upon complete fulfilment of the contract (Section 356 (4) BGB).
10. prior knowledge
If the interested party is already aware of a property offered by the estate agent, the estate agent must be informed of this immediately - at the latest within three working days of receipt of the offer - in writing or in text form (e.g. by e-mail), stating the source and date. If no notification is made in due time, the property shall be deemed not to be known.
A commission claim may also arise in the case of prior knowledge if the brokerage activity contributes to the conclusion of the main contract.
11. no legal or tax advice
The estate agent does not provide any tax, legal or building law advice. Only qualified consultants (e.g. lawyers, tax consultants, architects) should be consulted for such information.
The broker accepts no liability for the consequences of failing to obtain such information or obtaining it incorrectly.
12 Place of jurisdiction and applicable law
The place of jurisdiction is - as far as legally permissible - the registered office of Forner Wichern Immobilien GmbH. The law of the Federal Republic of Germany shall apply.
13. severability clause
Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.
Forner Wichern Immobilien GmbH
An der Arend 16, 27619 Schiffdorf
015221373984
kontakt@forner-wichern-immobilien.de
www.forner-wichern-immobilien.de
06.05.2025
