Terms and Conditions

Unless the written form is required for the conclusion of the estate agency agreement in accordance with Section 656a of the German Civil Code (BGB), a brokerage agreement is concluded between RIEDEL Immobilien GmbH or RIEDEL Vermittlungs GmbH (hereinafter: the Estate Agent) and the prospective client (hereinafter: the Client) upon the use of our offers, in particular upon making contact in this regard. The following general terms and conditions apply to the contractual relationship:

1. Estate agent’s commission
Upon the conclusion of a notarised contract of sale, the Client shall owe the Estate Agent a commission, calculated as a percentage of the total purchase price, for the identification or brokerage of the property. If the estate agent acts on behalf of both parties to the contract of sale and the buyer is a consumer, the buyer and seller shall each owe a commission of equal amount, in accordance with Section 656c of the German Civil Code (BGB). Any other form of acquisition of the intended economic interest, such as a successful bid at auction or the acquisition of a share in a company, etc., is equivalent to the conclusion of a contract of sale. As a rule, the estate agent also acts on behalf of the seller in return for a commission. In the case of letting transactions, the estate agent charges his commission exclusively to the landlord.

2. Offers
All offers are subject to change and non-binding. The property-specific details are based on information provided to the estate agent by the seller/landlord. The estate agent does not endorse these details provided by the seller/landlord and cannot guarantee their accuracy or completeness.

3. Prior knowledge
If the estate agent presents a property with which the client is already familiar, the client is obliged to inform the estate agent of this in writing without delay and, at the estate agent’s request, to provide documentary evidence of such prior knowledge.

4. Prohibition on disclosure
All information provided by the estate agent regarding the property, which he provides in the course of his work, is intended exclusively for the client and must not be disclosed to third parties. If the client breaches this prohibition on disclosure and the third party – or any other person to whom the third party has in turn disclosed the information – concludes the main contract, the client shall be liable for damages amounting to the estate agent’s commission plus 19% VAT.

5. Liability
The estate agent’s liability is limited in amount to the sum insured under the existing liability insurance policy (€10.0 million for personal injury and property damage, €1.1 million for financial loss). In the event of a breach of duty due to slight negligence, the estate agent’s liability is furthermore limited in amount to foreseeable and typical damages.
The aforementioned limitations of liability do not apply to claims arising from a breach of duty due to gross negligence or wilful misconduct, or from an injury to life, limb, liberty or health.

6 Set-off of claims
The client may only set off the estate agent’s commission claim against claims that have been legally established or are undisputed. The client may only exercise a right of retention in so far as it is based on the same contractual relationship.

7. Data Protection
The client consents to the estate agent collecting, processing and using data arising from this contract or the performance of the contract, and to the estate agent disclosing such data to third parties to the extent necessary.

8. Copyright and Related Rights
The content published on our website (riedel-immobilien.de), in particular texts, images, property photographs and graphics, is subject to German copyright and related rights legislation. Any use not permitted under German copyright and related rights law requires the prior written consent of the provider or the respective rights holder. This applies in particular to the reproduction, adaptation, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are identified as such. The unauthorised reproduction or distribution of individual items of content, images of objects or entire pages is not permitted and is a criminal offence. The display of our website within third-party frames is only permitted with written authorisation.

9. Severability clause/written form
Should individual provisions be invalid, the remaining provisions shall remain unaffected and shall be replaced by valid provisions with the same or a similar effect. Amendments and additions to the estate agent’s contract or this written form clause must be made in writing.

As at: October 2023

*Section 656a of the German Civil Code (BGB) – Text form
A brokerage agreement whose purpose is to provide evidence of an opportunity to conclude a contract of sale for a flat or a detached house, or to act as an intermediary in such a contract, must be in text form.