Our Terms & Conditions
§ 1 General
(1) For the business relationship between the real estate agent Isar Estate e.K., Bozzarisstr. 39b, 81545 Munich (hereinafter “ISAR ESTATE”) and the client (hereinafter “client”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the client are not recognised unless the provider expressly agrees to their validity in writing.
(2) All offers from ISAR ESTATE are non-binding and subject to change. Subject to prior sale, subleasing and errors.
(3) ISAR ESTATE expressly points out that the offers are based on information provided by third parties – in particular clients, property owners and other authorised parties. ISAR ESTATE is therefore not responsible for checking the correctness of the property information and other details.
(4) The customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), insofar as the purpose of the goods and services ordered cannot be attributed primarily to his commercial or independent professional activity. In contrast, according to § 14 BGB, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
§ 2 Due date of the commission/obligation to provide information
(1) The commission is earned and is due upon conclusion of the main contract (purchase, exchange or rental contract) and is payable after invoicing.
(2) ISAR ESTATE has the right to be present when the main contract is concluded. However, if this takes place without the participation of ISAR ESTATE, the client is obliged to provide ISAR ESTATE with information about the essential content of the main contract and the assessment basis of the commission claim without delay. In addition, the client is obliged to provide ISAR ESTATE with a copy of the contract upon request.
§ 3 Amount of commission / Payment of commission
(1) The basis for calculating the commission is the total purchase price or the total rental price. Unless otherwise agreed, the buyer’s commission is 3.48% of the economical purchase price of the property purchased and, for commercial rental properties, 3.48 monthly rents, each including the statutory VAT.
(2) The commission, according to Paragraph 1, is to be paid without deduction within ten days after invoicing. In this regard, several clients are jointly and severally liable for the agreed commission. The client is already in default by missing the date. In this case, he has to pay to ISAR ESTATE for the year a default interest amounting to five percentage points above the base rate. If the client is an entrepreneur, the default interest is nine percentage points above the base rate.
(3) ISAR ESTATE’s commission claims do not lapse if a contract is withdrawn due to dissolving conditions or a right of withdrawal is exercised, provided that the client is responsible for this withdrawal. In place of a commission claim, there is a claim for damages if the client is at fault.
§ 4 Dual activity
ISAR ESTATE is entitled to act for both parties to the contract, i.e. for the buyer/tenant as well as for the seller/landlord, either for a fee or free of charge. In the case of dual activity, ISAR ESTATE is obliged to be impartial.
§ 5 Confidentiality / Disclosure Prohibition
(1) All offers and information from ISAR ESTATE are intended exclusively for the recipient and must be treated confidentially. It is forbidden to pass on the synopsis or other information and proof of the property on offer to third parties without the prior written consent of ISAR ESTATE.
(2) If this prohibition of disclosure is violated, the client (recipient) owes compensation in the amount of the agreed broker’s commission if the third party or another person to whom the client has passed on information concludes the main contract.
§ 6 Copyrights
If the client makes content available to ISAR ESTATE for the provision of the services, the client assures that he has all necessary corresponding rights to this content. If claims are made against ISAR ESTATE by third parties due to infringement of property rights, the client shall indemnify ISAR ESTATE against third-party claims in this regard.
§ 7 Prior knowledge
If the client (recipient) already knows the property proven by ISAR ESTATE, he must notify this in writing without delay, at the latest within three calendar days of receipt of the offer, enclosing evidence. If the client fails to do this, he acknowledges that the activity of ISAR ESTATE is the cause of the conclusion. This obliges the client to pay a reasonable amount of damages, usually the amount of the commission.
§ 8 Liability
(1) Claims of the client for damages are excluded. Excluded from this are claims for damages by the client from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by ISAR ESTATE, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, ISAR ESTATE is only liable for typical, foreseeable damage if this was caused simply by negligence unless the client is making claims for damages resulting from injury to life, limb or health.
(3) It is pointed out that the property information, documents, plans etc. passed on by ISAR ESTATE come from the seller or lessor. ISAR ESTATE, therefore, accepts no liability for the correctness or completeness of the information. There is still no liability for the creditworthiness of the mediated contracting party.
(4) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of ISAR ESTATE if claims are asserted directly against them.
(5) The resulting limitations of liability do not apply if ISAR ESTATE fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the parties have made an agreement on the nature of the item.
§ 9 Privacy
(1) The client consents to the storage of personal data in the context of the business relationship with ISAR ESTATE, in compliance with data protection laws, in particular the BDSG (german privacy law) and the GDPR. A transfer of data to third parties does not take place unless this is necessary for the execution of the contract or consent is given.
(2) Insofar as the client transmits the data from third parties, he assures that he has obtained the consent of the third party and releases ISAR ESTATE from any claims in this regard.
(3) The rights of the client or of the person affected by the data processing arise in particular from the following standards of the GDPR:
- Article 7, Paragraph 3 – Right to withdraw consent under the data protection law
- Article 15 – Right of access of the data subject, right of confirmation and provision of a copy of personal data
- Article 16 – Right to rectification
- Article 17 – Right to cancellation (“Right to be forgotten”)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right to object
- Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority
(4) In order to exercise the rights, the client or the person concerned is asked to contact ISAR ESTATE by e-mail or, in the event of a complaint, to the competent supervisory authority.
(5) ISAR ESTATE assures that it has taken appropriate technical and organizational measures to ensure the security of personal data and to reduce the risk for the persons concerned.
(6) Reference is also made to the data protection declaration on the ISAR ESTATE website.
§ 10 Dispute Settlement
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
(2) ISAR ESTATE is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the parties to the exclusion of the UN Sales Convention. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the client is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the parties is the registered office of ISAR ESTATE in Munich
(3) In case of deviations between the German and English version of the terms and conditions the German version shall prevail.
As of September 2020