General Terms and Conditions
Real Estate Agency for Investment Real Estate | General terms and conditions between real estate agent and customer as a consumer
Section 1 Prohibition of transfer
All information, including the broker’s proof of object, is expressly intended for the client. It is expressly forbidden to pass on the proof of object and object information to third parties without the express consent of the broker, which must be given in writing beforehand. If a customer violates this obligation and the third party or other persons to whom the third party has passed on the information, the customer is obliged to pay the broker the commission agreed with him plus VAT.
Section 2 Double activity
The broker may act for both the seller and the buyer.
Section 3 Owner information
The broker points out that the property information he has passed on comes from the seller or from a third party commissioned by the seller and has not been verified by him, the broker, for its accuracy. It is up to the customer to verify the accuracy of this information. The broker, who only passes on this information, assumes no liability for the correctness.
Section 4 Obligation to provide information
The client (owner) is obliged to ask the broker before concluding the intended purchase contract, stating the name and address of the intended contractual partner, whether the transfer of the intended contractual partner was initiated by his activity. The client hereby grants the broker power of attorney for access to the land register, official files, in particular building files, as well as all information and insight rights against the WEG administrator, as they are entitled to the client as the owner of the apartment.
Section 5 Replacement and Follow-up Transactions
The client is also obliged to pay a fee in accordance with our agreed commission rates in the case of a replacement transaction. This is the event, for example, if the client, in connection with the activity carried out by the broker, learns another opportunity to conclude the main contract from its potential principal contractor and is proven by the broker, or if, on the proven opportunity, the principal contract is concluded with the legal successor of the potential principal contractor, or if the proven object is purchased instead of renting, leasing or vice versa. In order to trigger the commission obligation in the case of replacement transactions, it is not necessary that the transaction subject to the provisions of the commission must be economically equivalent in the sense of the conditions developed by the case law on the concept of economic identity.
Section 6 Reimbursement of expenses
The customer is obliged to reimburse the broker for the expenses incurred in fulfilling the order, which can be proven (e.g. insertions, internet presence, telephone costs, port costs, property inspections and travel expenses) if a contract is not concluded.
Section 7 Limitation of Liability
The liability of the broker is limited to grossly negligent or intentional conduct, insofar as the client does not suffer bodily harm due to the behavior of the broker or loses his life.
Section 8 Limitation period
The limitation period for all claims for damages by the customer against the broker is 3 years. It shall begin on the date on which the act giving cause for damages was committed. Should the statutory limitation regulations lead to a shorter limitation period for the broker in individual cases, these shall apply.
Section 9 Place of jurisdiction
If brokers and customers are full merchants within the meaning of the Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship and as the place of jurisdiction is agreed the registered office of the broker.
Section 10 Severability Clause
If one or more of the above provisions is invalid, the validity of the remaining provisions shall not be affected. This also applies if one part is ineffective within one provision, but another part is effective. The ineffective provision is to be replaced between the parties by a provision which comes closest to the economic interests of the contracting parties and, moreover, does not run counter to the contractual agreements.
3. Guide to the preparation of individual agreements
Freely negotiated contracts, so-called individual contracts, always take precedence over general terms and conditions. Since the law on brokerage contracts is in accordance with the principle of freedom of contract, individual contracts can effectively affect all agreements to the limits of immorality, illegality and abuse. However, individual agreements are very difficult to set up. The individual contract must be freely negotiated in order to determine, discuss, clarify and formulate and sign off the different interests, ideas and views of the parties.
Individual agreements are very difficult to set up. The individual contract must be freely negotiated in order to determine, discuss, clarify and formulate and sign off the different interests, ideas and views of the parties. This is the golden compromise to be negotiated. The broker has to disclose to his client everything that normally does not grant him the commission, which he would like to successfully claim by agreement with his client. This is because the broker is required to present and prove an individually negotiated clause. He must prove that there has been a real negotiation of the clause, and for that he has at his disposal a witness in the negotiations. Such a case may be based on the example of negotiating a qualified brokerage
The broker simply submits a form contract to his client, a so-called simple brokerage order in the form of general terms and conditions, and discusses the individual clauses with him, explains them. The simple brokerage order only prohibits the client from using other brokers during the term of the contract. The broker then declares to the client the qualified form of the broker’s sole order, namely that he wishes to be involved in the case of the client’s self-interested parties, to refer the potential prospective buyers to him so that he can successfully conclude the transaction and, in the event of a breach of this agreement, receives the full commission in the event of success. This individual agreement should be handed over to the customer in a special document, together with a period of reflection of perhaps 2 days at the most. If the customer opposes this agreement, the individual agreement should withstand a review by the courts with some certainty.
Individual agreements and non-general terms and conditions are to be concluded mainly in the following cases:
a. When agreeing on a so-called qualified brokerage order The so-called qualified brokerage order restricts the freedom of the broker client to the extent that the client may neither call on further brokers for the duration of the term of such a contract nor allow him to sell the property himself. The prohibition of the own business means that during the term of the qualified broker’s sole order, only the broker is entitled to prove and mediate the object that has concluded the contract with the customer and the customer has to refer all interested parties, which he finds himself or who approach him because of the purchase of the property, to his contracted broker, to involve the broker in order to successfully bring the business between seller and buyer. This case is usually linked to the further agreement that in the event of a violation of the agreed use and referral clause, the client assumes the full commission.
- When purchasing the property in the forced auction
An individual agreement must be made to secure the broker’s commission in the event of the customer’s acquisition of the property by means of foreclosure. This is necessary because the broker’s contract law grants the broker a right to commission for the proof or mediation of a contract (Section 652 I p. 1 Of the German Civil Code), but not for the acquisition of the property in the context of a sovereign act, namely the contract in the forced auction. Nor does that change the fact that the economic result of the acquisition of the land is equally achieved.
- In the case of so-called interdependence
If the client promises the broker a commission in the knowledge of circumstances that in itself prevent the broker from collecting a commission, then the client has to pay the commission. Interconnection cases usually require the successful conclusion of the business, the legally effective notary contract. However, they find their deficiency in the context of the causes. As a rule, these are agreements relating to remuneration which, according to the parties’ wishes, are to be independent of a causal activity of the broker within the meaning of Paragraph 652 I p. 1 (‘as a result’). In the case of such a commission promise, the client is aware of the interdependencies of the broker and the fact that the broker cannot receive commission in these cases.
- In case of non-performance-independent commission promises
The payment of a non-performance-independent commission is contrary to the guiding principle of brokerage contract law. The brokerage contract presupposes a brokerclient who is free in his decisions and who has to pay the commission only in the event of success, i.e. with the legally effective conclusion of the notary contract. Therefore, a non-performance-independent commission can never be guaranteed by pre-formulated general terms and conditions, but always only by individual agreements. In this regard, there is a brand new decision of the Federal Court of Justice of 12.10.2006 on file number III ZR 331/04, in which the BGH clarified that a customer’s statement that a commission would in any case be paid to the broker in the event of a sale of the house could constitute such an independent commission promise, regardless of performance, even if the contract ultimately came about without the broker. The prerequisite is that the broker does anything at all
such as creating an expo. Only if no consideration from the broker can a gift promise be available which would be ineffective without a notarial certificate.
Real Estate Agency for Investment Real Estate | Notes on the General Data Protection Regulation (GDPR)
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services. We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., contract subject matter, term), payment data (e.g., bank details, payment history), usage and metadata (e.g. in the context of the evaluation and success measurement of marketing measures). In principle, we do not process special categories of personal data, unless these are components of commissioned processing. Those affected include our customers, interested parties as well as their customers, users, website visitors or employees as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal bases of the processing are derived from Article 6(3). 1 lit. b GDPR (contractual services), Art. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the establishment and performance of the contractual services and point out the necessity of their specification. Disclosure to external parties is only made if it is required as part of an order. When processing the data provided to us in the context of an order, we act in accordance with the instructions of the clients as well as the legal requirements of order processing in accordance with the instructions of the customer. Article 28 GDPR and process the data for no purpose other than the purposes specified in the order. We delete the data after expiry of legal warranty and comparable obligations. the need to retain the data is reviewed every three years; in the case of the statutory archiving obligations, the deletion shall take place after their expiry (6 J, in accordance with Section 257 (1) of the German Commercial Code ( HGB, 10 J), in accordance with Section 147 (1) AO). In the case of data disclosed to us in the context of an order by the client, we delete the data in accordance with the specifications of the order, basically after the end of the order.
We process the data of our customers, clients and interested parties (uniformly referred to as “customers”) in accordance with Art. b. GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the nature, scope and purpose and the necessity of its processing are determined by the underlying order. This includes basically inventory and master data of the customers (name, address, etc.), as well as the contact data (e-mail address, telephone, etc.), the contract data (content of the assignment, fees, maturities, information about the brokered companies/insurers/services) and payment data (commissions, payment history, etc.). We may also process the information on the characteristics and circumstances of persons or belonging to them, if this is part of the subject matter of our order. These can be, for example, information about personal circumstances, mobile or immobile property. Within the scope of our assignment, it may also be necessary that we process special categories of data in accordance with Art. 9 sec. 1 GDPR, in particular information on a person’s health. For this purpose, if necessary, we shall obtain in accordance with Art. 6 sec. 1 lit a., Art. 7, Art. a GDPR expressconsent of the customers. If required for the performance of the contract or by law, We disclose or transmit the data of the customers in the context of cover requests, financial statements and settlement of contracts to providers of the services/objects, insurers, reinsurers, brokerage pools, technical service providers, other service providers, such as cooperating associations, as well as financial service providers, credit institutions and investment companies as well as social security institutions, tax authorities, tax advisors, legal advisors, auditors, insurance ombudsmen and the federal financial institutions. We may also commission subcontractors, such as subcontractors. We obtain the consent of the customers, provided that this requires the consent of the customers for disclosure/transmission (which may be the case, for example, in the case of special categories of data in accordance with Art. 9 GDPR). The data will be deleted after the expiry of legal warranty and comparable obligations, whereby the need for retention of the data is reviewed every three years; the statutory retention obligations shall apply. In the case of the statutory archiving obligations, the deletion takes place after their expiry. In particular, under German law in the insurance and financial sector, advisory protocols for 5 years, brokerage notes for 7 years and brokerage contracts for 5 years and generally 6 years for documents relevant to commercial law and 10 years for documents relevant to tax law are subject to retention.
We process the data of our clients and interested parties and other clients or contractors (uniformly referred to as “clients”) in accordance with Art. b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the nature, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. The processed data includes basically inventory and master data of the clients (e.g., name, address, etc.), as well as the contact data (e.g., e-mail address, telephone, etc.), the contract data (e.g., services used, fees, names of contact persons, etc.) and payment data (e.g., bank details, payment history, etc.). Within the scope of our services, we may also process special categories of data in accordance with Article 9(1) GDPR, in particular information on the health of the clients, possibly with reference to their sex life or sexual orientation, ethnic origin or religious or ideological beliefs. For this purpose, if necessary, we shall obtain in accordance with Art. a., Art. 7, Art. a. GDPR gives the explicit consent of the clients and otherwise process the special categories of data for health care purposes on the basis of Article 9 para. 2 lit h. GDPR, Section 22 (1) No. 1 b. BDSG. If necessary for the performance of the contract or by law, we disclose or transmit the data of the clients in the context of communication with other specialists, in the performance of the contract, as required or typically involved third parties, such as billing agencies or comparable service providers, if this serves the provision of our services in accordance with Art. 6 sec. 1 lit b. GDPR, is required by law in accordance with Art. 6 sec. 1 lit c. GDPR , serves as a legitimate interest in our interests or those of the client in an efficient and cost-effective healthcare provision in accordance with Art. 6 sec. 1 lit f. GDPR or is necessary in accordance with Art. 6 sec. 1 lit of GDPR. to protect the vital interests of the client or another natural person or to provide consent in accordance with Art. a., Art. 7 GDPR. The data will be deleted if the data is no longer necessary for the fulfilment of contractual or statutory duties of care and for dealing with any warranty and similar obligations, whereby the need for the retention of the data is checked every three years; the statutory retention obligations shall apply.
Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 Abs. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract. As part of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with this law. Art. 6 Abs. 1 lit. c GDPR. We process usage data (e.g., the websites visited by our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, in order to show the user, for example, product information based on the services used so far. The data will be deleted after the expiry of legal warranty and comparable obligations, the need for the retention of the data will be checked every three years; in the case of statutory archiving obligations, the deletion shall take place after their expiry. Information in any customer account will remain until it is deleted.
Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of the provision of our contractual services. The basis for processing is Art. 1 lit. c. GDPR, Art. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and the provision of our services. The erasure of the data with regard to contractual services and contractual communication corresponds to the information referred to in these processing activities. We disclose or transmit data to the tax administration, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers. Furthermore, on the basis of our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of contacting us later. We store this majority company-related data permanently.
Business analysis and market research
In order to operate our business economically, to be able to recognize market trends, customer and user wishes, we analyze the data available to us on business transactions, contracts, enquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata based on Art. 6 sec. 1 lit. f. GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of registered users with information, e.g. on their purchase processes. The analyses serve us to increase user-friendliness, optimize our offer and business efficiency. The analyses are for us alone and are not disclosed externally, unless they are anonymous analyses with summarized values. If these analyses or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. In addition, the macroeconomic analyses and general trends are, where possible, compiled anonymously.
Data protection notices in the application process
We process the applicant data only for the purpose and within the framework of the application process in accordance with the legal requirements. The processing of the applicant’s data is carried out in order to fulfil our (pre)contractual obligations within the framework of the application procedure within the meaning of Art. 1 lit. b. GDPR Art. 1 lit. f. GDPR if data processing becomes necessary for us, e.g. in the context of legal proceedings (in Germany, in addition, Section 26 bdSG applies). The application process requires applicants to provide us with the applicant data. The necessary applicant data are marked, if we offer an online form, otherwise result from the job descriptions and in principle this includes the information about the person, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants may voluntarily provide us with additional information. By submitting the application to us, the candidates agree to the processing of their data for the purposes of the application process in accordance with the nature and scope set out in this data protection declaration. Insofar as, in the context of the application process, special categories of personal data within the meaning of Article 9(9) of the Application Process are voluntary. 1 GDPR, their processing shall be additionally carried out in accordance with Article 9(9) of the 2 lit. b GDPR (e.g. health data, such as severely disabled or ethnic origin). Insofar as special categories of personal data within the meaning of Article 9(9) of the application procedure are 1 GDPR is requested from applicants, their processing is additionally carried out in accordance with Article 9(9) of the 2 lit. a GDPR (e.g. health data, if it is necessary for the practice of the profession). If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form according to the state of the art. Applicants can also send us their applications via e-mail. However, we kindly ask you to note that e-mails are not sent encrypted and that applicants themselves have to provide encryption. We therefore cannot assume any responsibility for the transmission of the application between the sender and the receipt on our server and therefore recommend to use an online form or the postal mail. Instead of applying via the online form and e-mail, applicants still have the opportunity to send us the application by post. The data provided by the applicants can be further processed by us in the event of a successful application for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the data of the applicants will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which candidates are entitled to do at any time. Subject to a justified revocation of the candidates, the deletion takes place after the expiry of a period of six months, so that we can answer any follow-up questions regarding the application and comply with our obligations to prove this under the Equal Treatment Act. Invoices for possible travel expenses are archived in accordance with the tax regulations.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details for processing the contact request and processing it are provided in accordance with the Art. 6 Abs. 1 lit. b) GDPR processed. Users’ information can be stored in a customer relationship management system (“CRM system”) or similar request organization. We will delete the requests if they are no longer required. We review the necessity every two years; In addition, the statutory archiving obligations apply.
Comments and posts
When users leave comments or other posts, their IP addresses may be sent on the basis of our legitimate interests within the meaning of Article 6(3). 1 lit. GDPR for 7 days. This is done for our safety if someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we ourselves can be prosecuted for commentor or post and are therefore interested in the identity of the author. Furthermore, we reserve the right, on the basis of our legitimate interests in accordance with the Art. 6 Abs. 1 lit. f. GDPR, to process the information provided by users for spam detection purposes.
With the following information we inform you about the contents of our newsletter as well as the registration, shipping and statistical evaluation procedure as well as your rights of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “Newsletter”) only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. For the rest, our newsletters contain information about our services and us.
Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. I.e. You will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that no one can log in with foreign e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes storing the login and confirmation time, as well as the IP address. The changes to your data stored by the shipping service provider will also be logged.
Registration details: To register for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to include a name in the newsletter for personal address.
Germany: The sending of the newsletter and the associated success measurement is based on the consent of the recipients in accordance with the Art. 6 Abs. 1 lit. a, Art. 7 GDPR i.V.m. Section 7 para. 2 No. 3 UWG or on the basis of legal permission in accordance with Section 7 para. 3 UWG.
The registration procedure is logged on the basis of our legitimate interests in accordance with the Art. 6 Abs. 1 lit. f GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves our business interests as well as meets the expectations of our users and also allows us to prove consent.
Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revokeyourd your consents. A link to cancel the newsletter can be found at the end of each newsletter. We may store the e-mail addresses that have been sent out for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense of claims. An individual request for cancellation is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Newsletter – Shipping Service Provider
The newsletters are sent by means of the shipping service provider [NAME, ADRESSE, LAND]. The data protection regulations of the shipping service provider can be viewed here: [LINK ZU DEN DATENSCHUTZBESTIMMUNGEN] . The shipping service provider is based on our legitimate interests in accordance with the Art. 6 Abs. 1 lit. f GDPR and an order processing contract in accordance with Article 28(2) 3 p. 1 GDPR. The shipping service provider may use the data of the recipients in pseudonymous form, i.e. without being assigned to a user, for the optimization or improvement of its own services, e.g. for the technical optimization of the shipping and presentation of the newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write them down themselves or to pass on the data to third parties.
Jetpack (WordPress Stats)
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR), we use the plugin Jetpack (here the subfunction “WordPress Stats”), which includes a tool for statistical evaluation of visitor access and from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and which enable an analysis of your use of the website.
Online social media presences
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services there. When the respective networks and platforms are called up, the terms and conditions and the data processing guidelines of their respective operators apply.
Integration of third-party services and content
Within our online offer, we use third-party content or service offerings based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR) content or service offerings from third parties in order to integrate their contents and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third parties to this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those content whose respective providers use the IP address only for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, among other things, technical information about the browser and operating system, referring websites, visiting time and other information on the use of our online offer, as well as being linked to such information from other sources.
Using Facebook Social Plugins
E1 Investments | Your real estate agency for investment properties | Initial announcement from Fri, 18 May 2018
Valid from: May 18, 2018
Name: Muharrem Erdogdu (Managing Director)
Phone: +49 (611) 710 97 36
Data Protection Officer
Name: Ms Fazilet Erdogdu
Street: Waldstrasse 111
Location: 65187 Wiesbaden
Phone: +49 (611) 710 97 36
Named: May 18, 2018
Service provider: no – the data protection officer is an internal employee of our authority or our company
Function in the company: Real estate agent