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Terms and Conditions

All offers from 01.21 Management GmbH are made on the basis of the following terms and conditions. These are accepted by the recipient, provided that they make use of these offers, for example, by accepting an offer or a notification (written or verbal) regarding the respective property/offer. Terms and Conditions of 01.21 Management GmbH as of 1.05.2024

I. Provisions for Prospective Buyers in the Intermediation of Real Estate:

1. Brokerage Agreement

By utilising the brokerage service or by commencing negotiations between the buyer and the seller based on the property exposé, the brokerage agreement with the client (prospective buyer) is concluded under the following provisions. This also applies if the prospective buyer contacts the seller directly without the broker’s knowledge.

2. Offer, Information, and Activities:

  1. 2.1. The real estate offer of 01.21 Management GmbH and the exposé prepared by it have been compiled based on information and details provided by the vendor or other authorised informants.
  2. 2.2. 01.21 Management GmbH does not verify the accuracy of the information received from the vendor, unless it is specifically commissioned to obtain information and verify the property data. Therefore, it cannot guarantee the accuracy and completeness of the information.
  3. 2.3. The real estate offer is intended exclusively for the recipient of the offer. It must be treated confidentially and may not be passed on to third parties.
  4. 2.4. Passing on the offer to third parties without the consent of 01.21 Management GmbH obligates the recipient of the offer to pay the full commission if the third party to whom the real estate offer is passed on concludes the contract. Initial viewings of the offered properties are usually conducted by the owner.
  5. 2.5. Questions about the property are answered by 01.21 Management GmbH or together with the seller. 01.21 Management GmbH generally acts as a listing broker (Nachweismakler) for the prospective buyer, meaning we provide the prospective buyer with proof of the property and the owner, so that the seller and the prospective buyer are able to enter into concrete contract negotiations.

    After the initial viewing, we would be happy to support the prospective buyer with purchase price negotiations and notary preparation. This further procedure must be coordinated with 01.21 Management GmbH on a case-by-case basis. 01.21 Management GmbH generally declares its willingness to take on these additional activities.

    If the prospective buyer is in direct contact with the owner, the prospective buyer undertakes to inform 01.21 Management GmbH immediately about the further progress in the purchase process, e.g., new viewing appointment, purchase price negotiations, notary preparation, changes in the prospective buyer (e.g., another buyer, company buying, …), end of the purchase process.

3. Dual Agency

01.21 Management GmbH is generally entitled to act as a broker for both parties (buyer and seller) subject to commission.

4. Commission

  1. 4.1. The activity of 01.21 Management GmbH is aimed at providing proof of and/or brokering real estate for the conclusion of a purchase agreement. Upon the legally effective conclusion of the contract, the commission claim of 01.21 Management GmbH arises at a rate of 4.76%, unless the exposé or the specific brokerage proposal (e.g., for searches) indicates a different commission rate. The commission is calculated from the purchase price or the total value of the contract, including any compensation for furnishings, payment for business takeover, mortgage assumption, etc. This also applies to all possibilities of a rent-to-own agreement (later takeover) and also to hereditary building rights.

    If a lease agreement for the offered property is concluded through the intermediation of 01.21 Management GmbH, 01.21 Management GmbH receives 2 net monthly rents + VAT from the tenant as brokerage commission. 4.2. The commission claim also arises if the client passes on the provided proof to a third party and that party concludes the contract.

  2. 4.3. The commission claim also arises if the contract is concluded under terms other than those originally offered by 01.21 Management GmbH or if a contract is concluded regarding a different property belonging to the contracting party proven by 01.21 Management GmbH, provided that the resulting transaction is economically identical to the offered one or deviates only insignificantly in its economic success from the offered transaction. The same applies if a different type of contract than the originally intended one is concluded as a result of the brokerage activity.
  3. 4.4. The commission claim becomes due for payment upon the legal effectiveness of the purchase agreement or the lease agreement.
  4. 4.5. The commission claim remains valid in principle and amount, even if one party withdraws from the brokered contract due to a legal right, terminates it, or reduces the agreed fee after the contract has been concluded.
  5. 4.6. Offsetting against the commission claim with disputed and/or not legally established counterclaims is excluded.
  6. 4.7. Rights of retention against the commission claims cannot be asserted by companies within the meaning of § 14 BGB (German Civil Code).

5. Prior Knowledge of the Offer Recipient

  1. 5.1. The recipient of an offer who is already aware of the offered property is obliged to notify 01.21 Management GmbH of this immediately – at the latest within 3 days – in writing. This also applies to properties for which the prospective buyer does not have to pay a commission.
  2. 5.2. If the recipient fails to give this notification, they are obliged to pay the agreed commission in the event of a contract being concluded for the property proven in the offer.

6. Notarisation

01.21 Management GmbH is entitled to attend the notarisation appointment and to be issued a copy of the contract document.

7. Place of Performance

The place of performance for the mutual obligations arising from the contract is, provided the client is a merchant, the registered office of 01.21 Management GmbH. German law is applicable to the contractual relationship.

8. Place of Jurisdiction

The place of jurisdiction, provided the client is a merchant, is the registered office of 01.21 Management GmbH, which is Koblenz. If the client is resident abroad, the place of jurisdiction is also Germany.

9. Severability Clause:

Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall replace the invalid provisions.

10. Right of Withdrawal for Consumers

Information on the Right of Withdrawal for off-premises contracts and distance contracts, with the exception of contracts for financial services, as well as the duty to provide information:

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email).

To meet the withdrawal deadline, it is sufficient for you to send your notification regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments received from you, immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment.

If you requested that the services should begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal regarding this contract, compared to the total scope of the services provided for in the contract. If proof of the opportunity to conclude a contract or for the brokerage of a contract has been provided, this corresponds to the full scope of the service.

The withdrawal must be addressed to:

01.21 Management GmbH
Stefan Thurau
Im vorderen Boden 21
D-65558 Gückingen
Tel.: +49 6432-988706
E-Mail: Stefan.Thurau@01.21 Management. de