General Terms and Conditions (GTC)

1. Scope

1.1 These General Terms and Conditions apply to all contracts concluded between [WAGNER-REAL-ESTATE] (hereinafter referred to as “Broker”) and its clients (hereinafter referred to as “Customer” or “Client”) in connection with real estate brokerage and other brokerage services.
1.2 Deviating or supplementary conditions of the client will only be binding if the broker expressly agrees to them in writing.

2. Subject of the Contract

2.1 The subject of the contract is the provision of brokerage services, including:

• Searching, presenting, and brokering real estate (purchase, rental, lease, etc.)

• Advising and assisting in contract negotiations

• Coordinating property viewings and additional services

2.2 The contract is concluded as soon as the client acknowledges and utilizes the GTC—such as by contacting the broker via online form, email, or telephone.

3. Conclusion of the Brokerage Agreement

3.1 The brokerage agreement is established when the client contacts the broker and expressly accepts these GTC.
3.2 If the contract is concluded before a full review of the GTC, the terms contained herein shall apply retrospectively.

4. Broker's Services

4.1 The broker commits to supporting the client in the search and brokerage of real estate to the best of its ability.
4.2 As part of the brokerage activity, the broker provides the following services:

• Compiling and presenting property listings

• Arranging and coordinating property viewings

• Providing consultation on contractual and financial matters

4.3 The broker does not guarantee success, particularly the conclusion of a real estate contract. The broker’s activity does not relieve the client from independently reviewing the provided information and clarifying all contractual details.

5. Commission and Payment Terms

5.1 The broker is entitled to a commission once a real estate contract (purchase, rental, lease, or other agreement) is concluded due to its services.
5.2 The amount of the commission is based on the agreement made at the time of contract conclusion. If no specific agreement was made, the following standard conditions apply:

• For real estate purchases: Commission of X% of the purchase price plus statutory VAT.

• For rentals: Commission of [number of months' rent] plus statutory VAT.

5.3 The commission is due upon the conclusion of the main contract. Payment must be made within 30 days of the invoice issuance without deductions.
5.4 If a contract is concluded due to unauthorized disclosure of information, the broker reserves the right to claim damages equivalent to the commission.

6. Client's Obligations

6.1 The client must provide the broker with all relevant and truthful information necessary for brokerage.
6.2 The client must promptly inform the broker of any changes or new information related to the brokerage order.
6.3 The client agrees to keep all information received within the brokerage agreement confidential and not disclose it to third parties unless necessary for contract execution.

7. Warranty, Liability, and Limitation of Services

7.1 The broker performs its services with customary diligence in the business sector. However, success, particularly the conclusion of a real estate contract, is not guaranteed.
7.2 The broker is liable for damages caused by intentional or grossly negligent conduct. Liability for simple negligence exists only if essential contractual obligations (cardinal duties) are violated and is limited to foreseeable damages.
7.3 The broker does not assume liability for the accuracy, completeness, or timeliness of data and information provided by third parties.
7.4 Liability for indirect damages or lost profits is excluded to the extent legally permissible.

8. Right of Withdrawal and Contract Termination

8.1 Consumers have the right of withdrawal in accordance with statutory regulations. If the contract is concluded using remote communication (e.g., online), the withdrawal period is 14 days from the receipt of the order confirmation.
8.2 The right of withdrawal expires if the broker has fully performed its service and the client has expressly agreed to the commencement of execution.
8.3 In the case of justified withdrawal, any expenses and costs already incurred by the broker must be reimbursed by the client.

9. Data Protection and Confidentiality

9.1 The data collected under the contractual relationship is subject to the broker’s privacy policy.
9.2 Both parties commit to maintaining confidentiality about all information obtained during the cooperation, especially business and operational secrets.

10. Jurisdiction and Applicable Law

10.1 All disputes arising from this contractual relationship shall be governed by the laws of the Federal Republic of Germany.
10.2 If the client is a merchant, a legal entity under public law, or a special public-law fund, the exclusive jurisdiction shall be the broker's registered office unless another jurisdiction is legally required.

11. Final Provisions

11.1 Amendments or supplements to these GTC must be made in writing. Oral subsidiary agreements are ineffective unless confirmed in writing.
11.2 If any provision of these GTC is invalid or becomes invalid, this does not affect the validity of the remaining provisions. In place of the invalid provision, a legally permissible regulation shall apply that best meets the economic intent of the invalid provision.
11.3 These GTC also apply to future contracts unless explicitly agreed otherwise.