General Terms and Conditions (GTC)

of LivYn Immobilien – Kathia Schlick

Legal Notice

By using the above offers, the user acknowledges the following terms as binding.
Use of an offer includes, for example, contacting us or the property owner regarding a listed property.

Scope of Application

By requesting the exposé (property brochure) with knowledge of our commission expectation, a commission-based brokerage agreement is concluded between the recipient (broker client) and LivYn Immobilien – Kathia Medina Schlick regarding the offered property. These General Terms and Conditions form part of this agreement and are thereby accepted by the broker client.

Confidentiality / Prohibition of Disclosure

The offers and information sent by LivYn Immobilien – Kathia Medina Schlick are confidential and intended solely for the recipient.

It is not permitted to pass them on to third parties without written consent from LivYn Immobilien – Kathia Medina Schlick.

If the recipient violates this obligation and a third party to whom the information was passed concludes a commission-based contract, the recipient must pay the commission as damages. The recipient may, however, prove that a lesser or no damage occurred.

LivYn Immobilien – Kathia Medina Schlick reserves the right to claim further damages resulting from unauthorized disclosure.

Offers

All offers by LivYn Immobilien – Kathia Medina Schlick are subject to change and non-binding. Errors and prior sale/lease are reserved.

The property-related information is based on details provided to us, particularly by the seller/landlord. LivYn Immobilien – Kathia Medina Schlick assumes no liability for the accuracy or completeness of such information.

It is the customer’s responsibility to independently verify all property information and details.

Due Date of Commission

The commission claim becomes due upon conclusion of the purchase agreement, exchange agreement, or lease agreement.

The commission is payable upon receipt of invoice.

LivYn Immobilien – Kathia Medina Schlick is entitled to be present at the conclusion of the main contract. If the main contract is concluded without participation of LivYn Immobilien – Kathia Medina Schlick, the customer must immediately provide information about the essential contents of the contract and the basis for calculating the commission.

Amount of Commission

The commission is calculated based on the total purchase price or total rental price.

In the case of a property exchange (real estate swap), where both contractual parties transfer ownership of their properties to each other for consideration, the basis for calculating the commission is the respective value of the property acquired by the client, as stated by the notary in the deed as the exchange value — not merely the difference between the values of the exchanged properties.

Unless otherwise agreed:

• The buyer’s commission amounts to 3.57% of the economic purchase price or exchange value of the acquired property (incl. 19% VAT).

• For commercial rental properties, the tenant’s commission amounts to 3.57 months’ rent, incl. 19% VAT.

Creation of Commission Claim

Disclosure (= proof) of the property address and/or the provider is made with explicit reference to the commission claim of LivYn Immobilien – Kathia Medina Schlick in the event of purchase, exchange, or rental.

The commission claim arises as soon as a main contract regarding the specified property is concluded as a result of the proof and/or mediation provided by LivYn Immobilien – Kathia Medina Schlick.

Partial causation of the brokerage activity is sufficient.

If the main contract is concluded under terms different from those originally offered, or relates to another property of the contract partner identified by LivYn Immobilien – Kathia Medina Schlick, this does not affect the commission claim as long as the concluded transaction is economically equivalent or differs only insignificantly from the originally offered transaction.

The commission claim arises particularly in cases such as:

• Purchase instead of rental

• Acquisition of company shares instead of property (and vice versa)

• Heritable building rights instead of purchase

• Exchange instead of purchase or rental

Dual Agency

LivYn Immobilien – Kathia Medina Schlick may act for both the seller and the buyer.

Prior Knowledge

If the customer was already aware of the property offered by LivYn Immobilien – Kathia Medina Schlick, this must be disclosed and proven upon request.

If the customer fails to notify prior knowledge, they must reimburse LivYn Immobilien – Kathia Medina Schlick for any expenses incurred as a result.

Limitation of Liability

The liability of LivYn Immobilien – Kathia Medina Schlick is limited to cases of gross negligence or intentional misconduct, unless the customer suffers bodily injury or loss of life.

Rainer Jacobs Immobilien is not liable for the creditworthiness of the mediated contractual party.

Place of Performance and Jurisdiction

If both broker and customer are registered merchants under the German Commercial Code (HGB), the broker’s registered office shall be the place of performance and jurisdiction for all obligations and claims arising from the contractual relationship.

Limitation Period

The limitation period for all claims for damages by the customer against the broker is two years.

It begins at the time the act giving rise to the claim for damages was committed.

If statutory limitation regulations provide for a shorter limitation period for the broker in individual cases, those shall apply.

Information Obligation under VSBG

LivYn Immobilien – Kathia Medina Schlick is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act (VSBG).

Severability Clause

Should one or more of the above provisions be invalid, the validity of the remaining provisions shall remain unaffected.

This also applies if part of a provision is invalid while another part remains valid.

The invalid provision shall be replaced by a regulation that most closely reflects the economic intent of the contracting parties and does not contradict the overall contractual agreements.