Terms and Conditions
Our Terms and Conditions:
Our terms and conditions form the basis for business transactions with our customers, who are entrepreneurs within the meaning of § 14 BGB (German Civil Code). We fundamentally do not recognize the general terms and conditions of the customer.
§ 1 Offers
Our offers are based on the information provided to us. The offers are made to the best of our knowledge and belief. Errors, prior sale or lease are expressly reserved.
§ 2 Confidentiality / Disclosure of Information and Documents
All information and documents provided by us, including our property listings, are intended exclusively for our customer and must not be made accessible to third parties. If the customer nevertheless passes on our offer or our information to third parties and the third party concludes a main contract as a result, which would be subject to commission according to these conditions, the customer is obliged to pay damages in the amount of the commission that would have arisen if the customer had concluded the main contract based on these conditions. The customer reserves the right to prove no damage or lesser damage. Steven Efler Immobilien GmbH reserves the right to claim further damages for unauthorized disclosure of information.
§ 3 Brokerage Contract / Commission Claim / Commission Due
A brokerage contract is established by sending/delivering an exposé, property viewing, or commencement of negotiations with the seller/lessor.
Our claim to commission arises as soon as a main contract regarding the object we named has been concluded based on our evidence or our mediation. The causality of our activity is sufficient for this.
The claim to commission also arises if the main contract is concluded on different terms than originally offered or it is concluded on another object of the contract partner we evidenced, provided the concluded transaction is economically equivalent to the offered transaction or deviates only insignificantly in its economic success from the offered transaction. The occurrence of a dissolving condition agreed in the main contract does not affect our claim to commission. The same applies if the main contract is terminated by exercising a contractual right of withdrawal, provided this is exercised for reasons attributable to one party or within their area of responsibility. The commission claim remains unaffected in the case of subsequent invalidity of the main contract for reasons not within the broker’s area of responsibility.
Our commission is earned on the day of the conclusion of the contract and due upon invoicing.
Unless otherwise agreed, our invoices are payable within 10 days of invoicing. After this period, the customer is in default, and we charge a flat fee of €40.00 for reminder fees. We expressly reserve the right to claim further damages caused by delay.
§ 4 Commission
For our activity, the following commission rates are agreed between the customer and us and are to be paid by the latter upon the occurrence of our commission claim according to § 3. As a pure commercial broker, the commission rates mentioned below are each plus the applicable statutory value-added tax. The calculation of the commission is based on the following provisions:
a) For purchase contracts or economically similar transactions, the calculation is based on the total agreed purchase price and all related ancillary services up to a value of €5 million at 5.0%, from a value over €5 million up to €25 million at 4.0%, and from a value over €25 million at 3.0% and is to be paid by the customer to us.
b) For the conclusion of a hereditary building right contract, 3.0% of the ten-year hereditary building rent is to be paid by the customer to us.
c) For the ordering of a pre-emptive right, the commission is 1.0% of the determined value and is to be paid by the customer to us.
d) For the leasing, renting, leasing, or economically similar transactions of commercial objects with a lease term of up to 5 years, our commission is calculated at 3.0 average net monthly rents including parking spaces, for a lease term of more than 5 years, the calculation is 3.8 average net monthly rents including parking spaces, and is to be paid by the customer plus statutory VAT to us.
Option rights extend the contract term; special termination rights do not shorten it.
§ 5 Subsequent Business
A commission claim according to § 3 and § 4 also exists for subsequent transactions that are concluded within a temporal and economic context since the original contract. A subsequent transaction exists if an expansion or change of the concluded contract opportunity occurs within the next 3 years or subsequently, within 5 years after the mediated contract conclusion, a purchase of the object by the tenant or lessee occurs.
§ 6 Dual Activity
Steven Efler Immobilien GmbH is entitled to act for the other contractual partner subject to commission. Steven Efler Immobilien GmbH must indicate any potential dual activity.
§ 7 Data Protection
The client expressly agrees – revocable at any time – that Steven Efler Immobilien GmbH is authorized to process the necessary personal data of the client in accordance with legal regulations to fulfill its obligations. Information on the handling of personal data, in particular the purposes for which we process these data, as well as the rights of the data subjects and contacts, can be read in our data protection notice.
§ 8 Customer Identification
The customer is aware that we are obliged to identify our customers according to the Money Laundering Act (GwG). Furthermore, the GwG obliges the customer to provide us with the necessary information and documents for this purpose and to notify us immediately of any changes that occur during the business relationship. In the event that the customer does not comply with his obligations under the GwG for identification and information, we are entitled to terminate the business relationship extraordinarily. A possible claim to commission remains unaffected by this.
§ 9 Limitation of Liability
We point out that the object information, documents, photos, plans, etc., passed on by us originate from the seller/lessor/lessor or another authorized third party. We generally do not assume any liability for the accuracy or completeness of this information. It is up to our customers to verify the object information and details for accuracy.
Moreover, Steven Efler Immobilien GmbH, its legal representatives, employees, and vicarious agents are only liable in cases of intent and gross negligence, for the violation of a fundamental contractual obligation (cardinal obligation), and for the absence of guaranteed characteristics. Damages resulting from injury to life, body, or health are excluded from the limitation of liability.
Possible claims for damages become statute-barred three years from the date the claim arose, but no later than three years after the termination of the order. Furthermore, we are not liable for damages caused by cyber attacks (e.g., viruses, Trojans, etc.) as long as the implementation of appropriate technical and organizational measures was present at the time of the event. Our liability for lost profits is excluded.
§ 10 Information Procurement / Energy Certificate according to § 80 GEG
The customer undertakes to provide us immediately and unsolicitedly with all information, data, offers, and other details that are complete and correct in factual and legal terms regarding the object to be marketed, to ensure free of charge and without additional registration for compliance with all relevant legal regulations required for achieving the marketing purpose, in particular foreign copyright, e.g., for object photos, and to provide us with a properly prepared, legally valid energy certificate for the object as a PDF file at the first viewing of the object.
Should we be claimed by a third party – in any way – due to a violation of the customer against the above obligations, be warned, fined, or the targeted main contract does not come about for this reason and no liability within the meaning of § 9 of these terms and conditions affects us, the customer shall indemnify us from all damages and other obligations arising from this and compensate for any damage incurred to us.
§ 11 Applicable Law / Jurisdiction
The law of the Federal Republic of Germany applies exclusively. The jurisdiction for merchants is Nuremberg.
§ 12 Consumer Information
Steven Efler Immobilien GmbH does not participate in dispute resolution proceedings before a consumer arbitration board in consumer matters.
§ 13 Partial Invalidity
Should individual provisions of our general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. In place of any invalid or void provisions, the statutory provisions shall apply.