General Terms and Conditions for Real Estate Brokerage Services
These General Terms and Conditions (“GTC”) apply to all brokerage, proof-of-opportunity, advisory and related services provided by BIKA-Immobilien, a real estate brokerage company established in Germany, in connection with the sale, purchase, lease or other brokerage of real estate. These GTC apply unless otherwise expressly agreed in text form. Mandatory statutory provisions of German law shall remain unaffected.
1. Regulatory Status and Licence
The Broker carries out its activities in accordance with the applicable provisions of German law. Where required, the Broker holds a trade licence pursuant to Section 34c of the German Trade Regulation Act (Gewerbeordnung, GewO) for real estate brokerage activities. Upon request, the Broker will provide information regarding the competent supervisory authority and relevant company details. The client remains responsible for obtaining independent legal and tax advice where necessary.
2. Anti-Money Laundering and Identity Verification
In accordance with the German Anti-Money Laundering Act (Geldwäschegesetz, GwG), the Broker may be required to identify clients, their representatives and, where applicable, beneficial owners, and to verify the information provided by means of valid identification documents or other legally permitted procedures. The client undertakes to provide the documents and information reasonably required for compliance purposes without undue delay. The Broker may postpone or refuse services where mandatory compliance information is not provided in time or where legal concerns exist.
3. Data Protection
The Broker processes personal data in compliance with applicable data protection law, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), as applicable. Personal data may be processed for the establishment and performance of brokerage relationships, communication with interested parties, arranging viewings, preparing transaction documentation, compliance with statutory obligations, and the assertion or defence of legal claims. Further information on the nature, scope, purposes, legal bases, retention periods, recipients and data subject rights should be provided in the Broker’s separate privacy notice.
4. Scope of Services
The Broker provides brokerage and related services, including where applicable the proof of opportunity to conclude a contract, the arrangement of viewings, communication between parties, and support during transaction preparation. Unless expressly agreed otherwise, the Broker does not provide legal, tax, technical, architectural, valuation or financing advice. Exposés, property descriptions, measurements, plans, calculations and other information made available by the Broker may originate wholly or partly from sellers, landlords, developers, owners, authorities or other third parties.
5. Commission and Remuneration
A commission shall be owed only if and to the extent this has been validly agreed with the respective client in text form or otherwise in the legally required form. Unless otherwise stated in the individual brokerage agreement, the Broker’s commission becomes earned upon the effective conclusion of the main contract brokered or evidenced by the Broker, in particular upon execution of a notarised real estate purchase agreement, and becomes due in accordance with the applicable statutory and contractual provisions. If the Broker acts for both seller and buyer in transactions involving the sale of apartments or single-family homes to consumers, the statutory rules on the allocation of brokerage costs under German law shall apply. Any specific commission rate, such as a buyer’s commission of 2.5% plus applicable VAT or another agreed amount, must be stated separately in the relevant exposé, brokerage agreement or other text-form communication.
6. Information Provided by Third Parties
Property-related information supplied by the Broker is based on information received from the seller, landlord, owner, developer, public records or other third parties, unless expressly stated otherwise. The Broker does not assume responsibility for the accuracy, completeness or currentness of such information except in cases of wilful misconduct or gross negligence, or where liability is mandatory under applicable law. Prospective buyers or tenants are advised to verify all material facts independently, particularly with regard to legal status, encumbrances, permits, measurements, condition, profitability, taxes and financing.
7. Liability
The Broker shall be liable without limitation for intent and gross negligence, for injury to life, body or health, and in all other cases where liability is mandatory under statutory law. In cases of ordinary negligence, the Broker shall only be liable for the breach of a material contractual obligation (cardinal duty), and in such case liability shall be limited to the foreseeable damage typical for the contract. Any further liability of the Broker shall be excluded to the extent permitted by law.
8. Confidentiality and Use of Information
Exposés, property information, plans, valuations and other documents or information provided by the Broker are intended solely for the recipient’s own evaluation of the relevant transaction and shall be treated confidentially. They may not be disclosed to third parties without the Broker’s prior consent if such disclosure could circumvent the Broker’s activity or commission entitlement. If a contract is concluded with a third party to whom the recipient has disclosed the opportunity in breach of this provision, the recipient may remain liable for damages or for the agreed commission to the extent permitted by law.
9. Text Form and Amendments
Where German law requires text form for brokerage agreements or commission arrangements, such requirement shall apply. Amendments, supplements and side agreements should be made in text form unless a stricter form is mandatory by law. This shall not affect the validity of individual agreements made in a legally permissible form.
10. Final Provisions
German law shall apply, excluding conflict-of-law rules, to the extent legally permissible. If any provision of these GTC is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Mandatory consumer protection provisions and mandatory statutory rights shall remain unaffected.
Note: Company name, registered address, contact details, supervisory authority, exact commission model, VAT treatment, and the separate privacy notice should be reviewed and completed for the Broker’s specific business setup before use.