Terms & Conditions
The contractual partner and party responsible for the real estate listings offered herein is AnnCarolina Real Estate GmbH, Blütenstraße 9, 80799 Munich, registered with the Munich Local Court (HRB 243699) and headquartered in Munich (hereinafter referred to as "ACRE"). As a brokerage firm, ACRE provides you—the user ("User" or "Customer")—with a digital platform for the brokerage and identification of real estate properties via a website (the "Website") (the "Platform").
1. These General Terms and Conditions govern the relationship between you, as a prospective buyer ("Customer") interested in the property offered by us, and ACRE.
2. The brokerage agreement with AnnCarolina Real Estate GmbH is concluded upon your confirmation-provided in text form (e.g., via email)-that you wish to utilize our brokerage services; such confirmation is deemed to be given, for instance, upon your receipt of the property exposé. The amount of the brokerage commission is determined in accordance with the statutory regulations regarding the splitting of brokerage commissions, which entered into force on December 23, 2020. Pursuant to these regulations, the commission-amounting to 3.57% of the purchase price (inclusive of VAT) for each party-shall typically be deemed earned and become due for both parties (the owner and the buyer) upon the notarization of the purchase agreement. The gross commission amount is subject to adjustment in the event of a change in the applicable tax rate. Real estate transfer tax, as well as notary and court fees, shall be borne by the buyer. The amount of the gross commission is subject to adjustment in the event of a change in tax rates. The buyer bears the real estate transfer tax, as well as notary and court fees.
3. All offers are non-binding and subject to change. The contract language is German.
4. Information regarding the property itself is based on details provided by the seller. Location-specific data is derived from trade journals or similar sources and offers no guarantee whatsoever regarding actual market value or potential for appreciation. Potential regulatory requirements may result in changes to planning specifications or floor area figures. The building illustrations are artistic renderings from the illustrator's perspective. The sample furnishings are not included in the price; they serve merely as a suggestion for interior design. No liability is assumed for the accuracy or completeness of the information provided. We reserve the right to make changes, correct errors, and sell the property to another party in the interim.
5. The recipient hereby grants their express consent to be contacted via telephone, SMS, fax, and email for the purpose of receiving advice and information regarding real estate offers. This consent may be revoked at any time.
6. Provided that no conflict of interest or statutory prohibition exists, ACRE is entitled to act on behalf of both contracting parties (seller and buyer)-whether for a fee or free of charge-and, in transactions involving multiple parties, to enter into commission agreements and to represent the interests of all parties involved.
7. Should a transaction other than the one originally envisaged-and/or an additional transaction-be concluded between the recipient of the purchase offer and the owner of the offered property (or their legal successor), or should the recipient acquire one of the identified properties by way of compulsory auction, the commission specified above in Clause 1 shall likewise be payable by said recipient. A claim for payment of a commission to us shall also exist in cases where, as a result of our brokerage and/or based on our identification of the property, the property is initially rented or leased, and the purchase of the property is subsequently concluded at a later date. In such cases, any commission paid for the rental or lease shall be credited against the commission payable upon the subsequent purchase.
8. If the recipient is already aware of the property identified by us, they are obliged to notify us of this immediately-and no later than 14 days after receipt of the property identification-providing appropriate supporting evidence. Failure to do so shall constitute an acknowledgment by the recipient that our subsequent activities in this matter are a causal factor in the conclusion of the transaction and are, therefore, subject to a commission fee.
9. All communications, as well as any data, documents, or information provided, are intended solely for the personal use of the recipient. In the event of unauthorized disclosure to third parties without our prior written consent, the recipient shall be liable for both the buyer’s and the seller’s commissions that would otherwise become payable by said third parties upon the conclusion of a purchase agreement-provided that we do not receive such commissions from the contracting parties themselves. The commission shall become due and payable upon the conclusion of any contract resulting from such unauthorized disclosure.
10. The collection, storage, processing, and/or use of personal data shall be carried out in strict compliance with data protection regulations and exclusively where the Customer has consented, where such action is permitted by law, or where it is necessary for the fulfillment of the order.
11. The Broker’s liability shall be limited to cases of gross negligence or willful misconduct, provided that the Customer does not suffer bodily injury or loss of life as a result of such conduct.
12. The Customer consents to ACRE collecting, processing, and using data arising from this contract or from the performance thereof, and to ACRE transmitting such data to the Seller to the extent necessary.
13. The place of performance-and, provided the recipient is a fully qualified merchant (*Vollkaufmann*), the place of jurisdiction-shall be Munich. German law shall apply to the contractual relationship.
14. Pursuant to Directive 2013/11/EU, the EU Commission has established an internet platform for the online resolution of disputes between businesses and consumers. This platform is accessible via the following link: http://ec.europa.eu/consumers/odr. AnnCarolina Real Estate GmbH will not participate in dispute resolution proceedings before a consumer arbitration body, nor is it under any obligation to do so.