GENERAL TERMS
The contracting party and responsible party for the real estate offerings is AnnCarolina Real Estate GmbH, Blütenstraße 9, 80799 Munich, registered at the Munich Local Court (HRB 243699), with its registered office in Munich (hereinafter referred to as "ACRE"). ACRE, as a real estate agency, provides you, as the user ("User" or "Customer"), with a digital platform for the brokerage and presentation of real estate via a website ("Website") ("Platform").
1. These Terms and Conditions apply to the relationship between you, as the prospective buyer ("Customer") of the property offered by us, and ACRE.
2. The brokerage agreement with AnnCarolina Real Estate GmbH is concluded upon written confirmation of the use of our brokerage services, such as receipt of the property exposé. The commission amount is governed by the statutory regulations on the sharing of brokerage commissions that came into effect on December 23, 2020. According to these regulations, the commission is regularly earned and payable by both parties (owner and buyer) at a rate of 3.57% of the purchase price, including VAT, upon notarization of the purchase agreement. The gross commission amount is subject to adjustment in the event of a change in the VAT rate. The buyer is responsible for real estate transfer tax, notary fees, and court costs. The brokerage agreement with AnnCarolina Real Estate GmbH is concluded upon written confirmation of the use of our brokerage services, such as receipt of the property exposé. The commission amount is governed by the statutory regulations on the sharing of brokerage commissions that came into effect on December 23, 2020. The commission is regularly earned and payable by both parties (owner and buyer) at a rate of 3.57% of the purchase price, including VAT, upon notarization of the purchase agreement. The gross commission amount is subject to adjustment in the event of a change in the VAT rate. The buyer is responsible for real estate transfer tax, notary fees, and court costs.
3. All offers are non-binding and subject to change. The contract language is German.
4. The property details are based on information provided by the seller. Location-specific information is based on trade journals or similar sources and does not guarantee the actual value or potential appreciation. Potential regulatory requirements may alter the plans and square footage. The building images are illustrators' renderings. Sample furnishings are not included in the price; they serve only as furnishing suggestions. No liability is assumed for the accuracy or completeness of the information. Subject to change, errors, and prior sale.
5. The recipient hereby gives their express consent to be contacted by telephone, SMS, fax, and email for the purpose of providing advice and information regarding real estate offers. This consent may be revoked at any time.
6. Unless a conflict of interest or legal exclusion exists, ACRE is entitled to act for both contracting parties (seller and buyer), whether for a fee or free of charge, and, in the case of transactions with multiple parties, to enter into commission agreements and represent the interests of all involved.
7. If a different transaction than originally intended is concluded between the recipient of the purchase offer and the owner of the offered property or their legal successor, or if the recipient acquires one of the properties we have identified through foreclosure, the commission listed in section 1 above is also payable by them. A claim for payment of a commission to us also exists if, as a result of our mediation and/or due to our introduction, the property is initially rented or leased and the purchase of the property is only completed at a later date. In this case, the commission paid for the rental or lease will be credited against the commission payable upon the subsequent purchase.
8. If the recipient is already aware of the property we have identified, they are obligated to inform us immediately, and no later than 14 days after receiving the property information, providing corresponding proof. Failure to do so will be deemed acceptance of our further activity in this matter as a contributing factor to the successful conclusion of the transaction and therefore subject to commission.
9. Communications and data/documents/information provided are intended solely for the recipient's personal use. In the event of unauthorized disclosure to third parties without our prior written consent, the recipient will be liable for both the buyer's and seller's commissions payable to the third party upon conclusion of the purchase agreement, unless we receive these commissions from the contracting parties. The commission is due upon conclusion of the contract resulting from the disclosure.
10. The collection, storage, processing, and/or use of personal data will be carried out in strict compliance with data protection regulations and only if the client has given their consent, if permitted by law, or if necessary for the fulfillment of the contract.
11. The broker's liability is limited to cases of gross negligence or willful misconduct, provided that the client does not suffer bodily injury or death as a result of such conduct.
12. The client consents to ACRE collecting, processing, and using data arising from this contract or its performance, and transmitting this data to the seller to the extent necessary.
13. The place of performance and, if the recipient is a merchant, the place of jurisdiction is Munich. German law applies to this contractual relationship.
14. In accordance with Directive 2013/11/EU, the EU Commission is establishing an online platform for the settlement of disputes between businesses and consumers. This platform can be accessed via the following link: http://ec.europa.eu/consumers/odr. Autonaut will not participate in dispute resolution proceedings before a consumer arbitration board and is not obligated to do so.