1.Preliminary remark

The following general terms and conditions regulate, in addition to the statutory provisions, the contractual relationship between the contractual partner and von Rose Immobilien, Ms. Amalia Rose.

For merchants within the meaning of the German Commercial Code (HGB), they also apply to future business relationships without the need for an express agreement.

2.Conclusion of the brokerage agreement

A brokerage agreement can be concluded in writing, verbally, or impliedly. It is sufficient, for example, that the broker offers a property for sale (e.g., through an advertisement on the internet, in the newspaper, by email, or by posting), is identifiable as a broker, specifies his commission entitlement in the event of a successful sale, and a prospective buyer contacts him to request services from him (e.g., the exposé). This does not apply to brokerage agreements with apartment seekers. These must be in text form at a minimum (Section 2 (1) of the German Agency for Property Brokerage Act).

3.Creation of the commission claim

The commission claim arises as soon as a contract (main contract) is concluded as a result of the brokerage by Rose Immobilien, Ms. Amalia Rose, or as a result of our evidence. The contributory causation of our activity is sufficient for the commission claim to arise.

The right to commission also arises if the contract is concluded under conditions that deviate from the offer, or if and to the extent that contractual extensions and additions are made in temporal and economic connection with an initial contract. The right to commission arises, for example, if a purchase is agreed upon instead of renting, or a leasehold instead of purchasing, and vice versa.

The customer is obliged to inform us immediately when the main contract has been concluded and to provide us with the essential parameters of the main contract.

4.Amount of commission

The commission to be paid by the buyer upon conclusion of a main contract (purchase agreement, etc.) is based on the information in the respective exposé. It amounts to the stated percentage of the total purchase price or a fixed amount for the property, including any additional services provided by the buyer that benefit the seller or a third party (e.g., assumption of land registry charges, redemption of fixtures, etc.).

Rose Immobilien, Ms. Amalia Rose reserves the right to increase the commission accordingly in the event of a VAT increase.

The commission claim arises and is due upon conclusion of the main contract (purchase agreement, etc.), even if this is only concluded after the end of the brokerage contract but as a result of the brokerage activity.

A main contract is also deemed to have been concluded if only the sale of a real or immaterial share takes place or if the transfer of rights to the property is achieved through another legal form (partial or complete transfer of company rights, hereditary building rights, etc.), and this corresponds to the intended purpose.

5.Factoring

Rose Immobilien, Amalia Rose is entitled to assign its claims arising from the business relationship.

6.prior knowledge

If the buyer is already familiar with the property offered through another source, he or she must notify Rose Immobilien, Ms. Amalia Rose, in writing within one week. Failure to notify Rose Immobilien, Ms. Amalia Rose, shall be deemed the sole agent and broker of the contract.

7.Limitation of liability

All offers are subject to change without notice. The information contained in our offers, exposés, brochures, descriptions, etc. (including, for example, floor plans, information on floor space, etc.) is based on information provided to us by third parties. We strive to obtain the most complete and accurate information about properties and contractual partners and to pass this information on to our clients. However, we assume no liability for the accuracy and completeness of this information.

In the event of errors in the entry of property data by us and in the event of other breaches of duty by us, we are only liable for intent and gross negligence. Any claims for damages shall expire three years from the date the claim arose, but no later than three years after the contract has been completed.

The aforementioned exclusions and limitations of liability do not apply to damages resulting from injury to life, body or health.

8.Exclusion of benefits

Rose Immobilien, Amalia Rose and their assistants do not provide legal or tax advice or architectural services (e.g. measurements of living space and usable space) to the customer or to the interested party.

Rose Immobilien, Amalia Rose and their assistants do not carry out any construction management, building law or planning inspections with regard to the property or buildings brokered.

9.Dual activity

Rose Immobilien, Amalia Rose, is authorized to also act for the other contractual partner/counterparty on a commission basis. In the event of dual activity, we are obligated to maintain strict impartiality.

10.Non-binding

Our proofs are subject to change without notice; prior sale, subletting, or subleasing are reserved.

11.Violation of the non-disclosure obligation

All information, offers, and communications provided by us, as well as documents submitted by us, including our property references, are intended exclusively for the recipient. They must be treated confidentially and may not be passed on to or made accessible to third parties. This only applies if we have given our prior express written consent. Any other use, particularly for commercial purposes, is prohibited. If the client violates this obligation and the third party to whom the information was passed on, or another person to whom the third party in turn passed on the information, concludes the main contract, the client is obligated to pay the broker the full commission that would have been due under the agreement concluded with the broker if the transaction had been successful.

12.Jurisdiction agreement

The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with Rose Immobilien, Amalia Rose.

If the broker and the customer are merchants, legal entities under public law or special funds under public law, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the registered office of Rose Immobilien, Amalia Rose.

13.Dispute resolution procedures

Rose Immobilien, Ms. Amalia Rose is not willing to participate in dispute resolution proceedings before a consumer arbitration board.



14.Severability clause

Should individual provisions of these Terms and Conditions be invalid or become invalid in whole or in part, this shall not affect the validity of the Terms and Conditions.

Should individual provisions of these Terms and Conditions be invalid, Rose Immobilien, Ms. Amalia Rose, customers, and interested parties agree that the invalid provision shall be replaced by a valid provision that most closely approximates the invalid provision in terms of purpose and scope, within the permissible scope. The same applies if the Terms and Conditions contain an unforeseen gap, contradiction, or other ambiguity.