Terms and Conditions
The following Terms and Conditions (T&Cs) are the basis of the brokerage contract. The client has acknowledged the inclusion of these T&Cs in the brokerage contract and confirmed that a copy of these T&Cs has been provided to them or they have been informed about the possibility of viewing these T&Cs online at www.anomis-immo.de/agb.
1. Validity
A brokerage contract with us is concluded by utilizing our brokerage services in the knowledge of the commission incurred in the event of a purchase or through an agreement in text form for the intended purchase of a property.Right of Withdrawal: Within 14 days, the contract with ANOMIS® Real Estate can be revoked in writing without stating reasons.
2. Confidentiality / Non-Disclosure
The offers and information, particularly exposés and their contents sent by ANOMIS® Real Estate, are confidential and intended solely for the recipient. Disclosure to third parties without prior written consent from ANOMIS® Real Estate is prohibited. If the brokerage client violates this obligation and the third party or another person to whom the third party has passed on the information concludes the main contract, which would be subject to commission under these terms, the brokerage client is obligated to pay compensation equal to the commission based on these terms. The client may provide evidence that less or no damage was caused. Additional claims for damages by ANOMIS® Real Estate due to unauthorized disclosure of information remain unaffected.3. Offers
The offers by ANOMIS® Real Estate are non-binding and subject to change. Errors and interim sales/rentals are reserved. The property-specific information is based on the details provided to us, particularly by the seller/landlord. ANOMIS® Real Estate does not assume liability for the accuracy or completeness of this information. It is the client’s responsibility to verify the accuracy of the property information and details. Liability for the substantive accuracy and/or completeness of this information is only assumed in cases of intentional or grossly negligent behavior.4. Creation of Commission Claims
The disclosure (property verification) of the property address and the seller or landlord is provided with an explicit notice of ANOMIS® Real Estate’s commission claim in the event of a purchase or rental.If ANOMIS® Real Estate facilitates a CONTRACT regarding the specified property, the commission claim arises. It is sufficient if the brokerage activity was a contributing factor. If the main contract is concluded under terms different from the originally offered terms or involves another property of the contractual partner identified by ANOMIS® Real Estate, the commission claim remains unaffected, provided the concluded transaction is economically identical or deviates only insignificantly in its economic outcome from the offered transaction. The commission claim particularly applies in cases such as purchase instead of rental, acquisition of company shares instead of properties, hereditary building rights instead of purchase, or exchange instead of purchase or rental.
5. Due Date of Commission Claims
The commission claim is due upon the conclusion of the purchase/rental agreement. The commission is payable upon invoice issuance. ANOMIS® Real Estate has the right to be present at the conclusion of the main contract, e.g., purchase or rental agreement. If the main contract is concluded without the participation of ANOMIS® Real Estate, the client is obliged to inform ANOMIS® Real Estate immediately about the key terms of the main contract and the basis for calculating the commission claim.6. Commission Amount
The commission is calculated based on the total purchase or rental price. Unless otherwise agreed, the seller’s commission is 0-3%, and the buyer’s commission is 3-6%, explicitly stated for each individual property in ANOMIS® Real Estate’s offer, each plus VAT at the statutory rate (currently 19%).7. Dual Activity
ANOMIS® Real Estate is authorized to act for the other party to the contract (seller/landlord) for a fee or free of charge. In the case of dual activity, we are obligated to act impartially.8. Prior Knowledge
If the client is already aware of the property offered by ANOMIS® Real Estate, they must inform ANOMIS® Real Estate immediately, no later than within 3 calendar days, and provide proof upon request. If the client fails to notify ANOMIS® Real Estate of this prior knowledge, they must reimburse all expenses incurred by ANOMIS® Real Estate as a result.9. Tipster Commission
Requirements for receiving a tipster commission are:- 9.1 The property or plot of land is not already known to ANOMIS® Real Estate.
- 9.2 The property or plot of land has not yet been publicly listed for sale (e.g., in newspapers, online portals, or through a sale sign).
- 9.3 The property or plot of land is located in Germany or Italy.
- 9.4 A written agreement regarding the tipster business has been concluded between ANOMIS® Real Estate and the tipster.
- 9.5 ANOMIS® Real Estate concludes a brokerage agreement with the seller under which a commission as per Section 6 of these T&Cs is agreed.
- 9.6 Payment of the economic purchase price must not be made to the tipster’s bank account.
- 9.7 The tipster must not simultaneously be the owner of the recommended property or plot of land.
10. Liability Limitation
Liability for negligent behavior by ANOMIS® Real Estate, its legal representatives, or agents is excluded. This does not apply if the damage results from injury to life, body, or health or from a breach of essential contractual obligations (cardinal duties) or the absence of guaranteed specific properties by ANOMIS® Real Estate.Claims for damages against the broker ANOMIS® Real Estate are subject to a general 3-year statute of limitations.
11. Information Obligation under VSBG
ANOMIS® Real Estate is neither obligated nor willing to conduct a dispute resolution procedure before a consumer arbitration board under the provisions of the Consumer Dispute Resolution Act (VSBG) in the event of a dispute arising from or relating to a contractual relationship with a consumer.12. Place of Fulfillment and Jurisdiction
The place of fulfillment and jurisdiction for merchants is Berlin, Germany.13. Severability Clause
If one or more of the above provisions are invalid, the validity of the remaining provisions shall not be affected. This also applies if a part of a provision is invalid, but another part is valid. The invalid provision shall be replaced between the parties by a provision that comes as close as possible to the economic interests of the contracting parties and does not contradict the contractual agreements.Legal Notices ANOMIS® Real Estate
The brokerage agreement with our agency or our representative is concluded by using our brokerage services. The buyer’s commission is between 3-6% of the purchase price plus the statutory VAT. Upon signing the preliminary purchase agreement, ANOMIS® Real Estate or its representatives is entitled to an immediate payment claim from the buyer. Additionally, the buyer is responsible for property transfer tax, notary fees, and registration tax. We do not guarantee the accuracy of information provided for individual properties as it is based solely on information passed on by third parties. If the property mediated by us is already known, please notify us immediately in writing. Automatically, the property verification is considered first by ANOMIS® Real Estate. Furthermore, our Terms and Conditions apply. The Terms and Conditions are part of the brokerage contract and are hereby acknowledged by the brokerage client. Brokerage clients can be both consumers and entrepreneurs.
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