Terms and Conditions

General Terms and Conditions (GTC) for Stenzel Real Estate

1. Scope
1.1. These GTC govern the business relationship between Stenzel Real Estate (hereinafter "Agent") and the client (hereinafter "Customer") within the scope of real estate brokerage.
1.2. Deviating terms and conditions of the Client shall only apply if expressly accepted in writing by the Agent.

2. Conclusion of Contract and Services
2.1. A brokerage contract is concluded by written agreement or by the use of brokerage services.
2.2. The Agent provides listing and/or brokerage services for properties for sale or rental and is entitled to act for both parties on a commission basis, provided no conflicts of interest exist.
2.3. During the term of the brokerage contract, the Client undertakes not to engage any other agents for the brokerage or listing of the property in question. In the event of culpable violation, the Client shall be liable for any resulting damages.

3. Confidentiality and Disclosure of Information
3.1. All exposés and information provided by the broker are intended exclusively for the respective client and must be treated confidentially.
3.2. Disclosure to third parties without the broker's express consent is prohibited. If unauthorized disclosure nevertheless occurs and this results in a contract being concluded with a third party, the client is liable for the lost commission.

4. Commission Claim and Due Date
4.1. The broker's commission claim arises upon the legally effective conclusion of a main contract (e.g., purchase or rental agreement) that is attributable to the broker's activities.
4.2. The amount of the commission is based on the agreements made in the brokerage agreement or, in the absence of a specific agreement, on the customary local rates.
4.3. The commission is due and payable immediately upon conclusion of the main contract.
4.4. The client undertakes to inform the broker immediately of the conclusion of the main contract and to provide all relevant contract details.
4.5. The client may only assert offsetting or retention rights against the broker's commission claim if their counterclaims arise directly from the existing brokerage agreement or if these claims are undisputed or legally established.

5. Limitation of Liability
5.1. The broker is only liable for intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.
5.2. The broker assumes no liability for the accuracy and completeness of the property information received from the seller or landlord.

6. Data Protection
6.1. The client's personal data will be processed and treated confidentially in accordance with applicable data protection regulations.
6.2. Further information on data protection can be found in the privacy policy on the broker's website.

7. Right of Withdrawal for Consumers
7.1. Consumers have the right to withdraw from the brokerage agreement within 14 days without stating reasons, provided the contract was concluded off-premises or via distance selling.
7.2. The cancellation must be sent to the broker in writing.
7.3. If the customer has requested that the broker act before the expiration of the cancellation period and the service has been fully provided, the right of cancellation expires.

8. Final Provisions
8.1. Amendments or additions to these Terms and Conditions must be made in writing.
8.2. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
8.3. The law of the Federal Republic of Germany applies.