Terms and conditions

1. Scope

These terms apply to all agency contracts between LK 360 Immobilien (the “agent”) and the client concerning the introduction of an opportunity to conclude, or the brokerage of, contracts relating to property.

Deviating terms of the client only become effective if the agent expressly agrees to them in text form.

2. Formation of the agency contract

The agency contract is formed by express agreement in text form. For purchase contracts concerning apartments and single-family houses, § 656a BGB requires the agency contract to be in text form.

Sending a brochure does not in itself create a claim to commission unless a valid commission agreement was made beforehand.

3. Commission on the purchase of residential property

Where the agent acts on the sale of an apartment or a single-family house to a consumer, § 656c BGB applies: seller and buyer each bear half the commission. An agreement under which one party bears more than the other is void.

The commission falls due once the purchase contract has been notarised and the agent’s introduction or brokerage was causal for it. The specific amount follows from the relevant commission agreement.

The buyer’s share is only payable once the seller proves that they have paid their share (§ 656c(1) sentence 2 BGB).

4. Commission on lettings

For residential lettings the “Bestellerprinzip” under § 2(1a) WoVermRG applies: commission is borne by whoever instructed the agent. A fee may only be charged to a prospective tenant if the agent acted solely because of that person’s search instruction.

For residential property the commission is capped at two months’ rent plus VAT (§ 3(2) WoVermRG).

5. Acting for both parties

The agent may act for both sides. The agent discloses any such dual role and owes impartiality and due care to both parties.

6. Property details

All property details are based on information from the owner or their authorised representative. The agent has not verified them for accuracy or completeness and accepts no liability in that respect.

Only the notarised purchase contract, or the tenancy agreement concluded, is binding. Prior sale or letting remains reserved.

7. Confidentiality

All details and documents are intended solely for the client and must be treated as confidential. Passing them to third parties is permitted only with the agent’s prior consent.

If a third party to whom the client has passed the details without authorisation concludes the contract, the client is liable to the agent for the commission thereby lost.

8. Liability

The agent is liable without limitation for intent and gross negligence, and for damage arising from injury to life, body or health.

In cases of simple negligence the agent is liable only for breach of material contractual obligations, and limited in amount to the damage foreseeable and typical for this type of contract at the time it was concluded. Material obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the client may regularly rely.

9. Consumers’ right of withdrawal

Consumers have a right of withdrawal in respect of agency contracts concluded off-premises or at a distance. Details are set out in the separate withdrawal notice.

10. Final provisions

The law of the Federal Republic of Germany applies. Mandatory consumer protection provisions of the state in which the client has their habitual residence remain unaffected.

Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.

Amendments and additions require text form. There are no ancillary agreements.