Terms

General terms for brokerage services provided to consumers

Your contractual partner is Iris Mori, Mori Immobilien, Martin-Luther-Ring 3, 55276 Oppenheim, Germany. These terms apply where they have been validly incorporated into the relevant brokerage contract. Individual agreements and mandatory statutory rules take precedence. A contact enquiry alone does not create an obligation to pay commission.

1. Contract and services

The specific instruction, services and fee are agreed in the relevant brokerage contract. Contracts for brokering the purchase of an apartment or single-family house require text form under § 656a BGB. Brokerage of residential rental agreements requires text form under § 2 WoVermRG.

2. Property information and liability

Property information is based on the information and documents provided to us. Prospective buyers and tenants can inspect documents and verify details before entering a purchase or rental agreement. Property availability may change. Mori Immobilien's liability and limitation periods are governed by the statutory provisions.

3. Confidentiality

Non-public documents and personal information shared within an instruction should be treated confidentially. Permitted disclosure to your own advisers and statutory disclosure duties remain unaffected. Passing on an offer alone does not establish a flat-rate commission or damages claim.

4. Commission entitlement

Commission requires a valid commission agreement and the other statutory conditions. In particular, the main contract must result from the broker's introduction or mediation (§ 652 BGB). The agreed property-specific commission, its calculation basis and VAT are disclosed before entering the brokerage contract. Reimbursement of expenses requires a valid separate agreement.

5. Working for both parties and residential purchases

Work for both parties is subject to statutory restrictions. Where the buyer is a consumer and the purchase concerns an apartment or single-family house, §§ 656b to 656d BGB apply. If both parties enter brokerage contracts, their commission commitments must be equal (§ 656c BGB). If only one party instructs the broker, any sharing of costs is subject to § 656d BGB. In that case, the claim against the other party becomes due only after the instructing party has paid and proof of that payment has been provided.

6. Residential rental brokerage

Residential rental brokerage is subject to the Wohnungsvermittlungsgesetz, particularly the commissioning principle under § 2(1a) WoVermRG. A prospective tenant is not charged brokerage fees for a property already offered on behalf of a landlord. Statutory exclusions and fee limits remain unaffected.

7. Prior knowledge and different transactions

Please tell us if you already know of an offered opportunity. Failure to do so does not automatically create commission liability. Commission for a different transaction depends on the agreement and statutory conditions, including the required causal link to the broker's work.

8. Payment and contract information

Payment becomes due in accordance with the brokerage contract and statutory provisions, including § 656d BGB where applicable. Statutory rules govern late payment. Information about the conclusion and commission-relevant conditions of the main contract is requested only to the necessary and legally permissible extent.

9. Consumer rights and jurisdiction

Statutory rights of withdrawal, rescission, avoidance and other consumer rights remain unaffected. Whether commission survives a later change or dissolution of the main contract depends on the facts and applicable law. Statutory jurisdiction rules apply; these terms do not impose an exclusive jurisdiction on consumers.

10. Invalid provisions

If a term is invalid, the statutory consequences under § 306 BGB apply. The relevant statutory provisions replace the invalid term.

11. Withdrawal from distance contracts and contracts concluded away from business premises

If you enter a brokerage contract as a consumer at a distance or away from our business premises and the statutory conditions apply, you have a right of withdrawal. The withdrawal information and model form are also provided on a durable medium in connection with your particular contract.

You can withdraw from such a contract within fourteen days without giving a reason. The period is fourteen days from conclusion of the contract and does not begin before you have been properly informed of your withdrawal right.

To withdraw, send a clear statement of your decision to Iris Mori, Mori Immobilien, Martin-Luther-Ring 3, 55276 Oppenheim, Germany, telephone +49 6133 579567, email info@mori-immo.de, for example by letter or email. You may use the model form below, but this is optional. Sending your statement before the withdrawal period expires is sufficient to meet the deadline.

If you withdraw, we will reimburse payments received from you without undue delay and no later than fourteen days after we receive your withdrawal. We use the same payment method as the original payment unless you expressly agree otherwise. No reimbursement fees are charged.

If you expressly requested that we start providing the service before the withdrawal period expires and received proper information about withdrawal and compensation, proportionate compensation may be payable under § 357a(2) BGB. It corresponds to the proportion of the agreed overall service provided before withdrawal. For a contract concluded away from business premises, your request must be transmitted on a durable medium.

For a paid service, early expiry of withdrawal requires complete performance and the statutory conditions, particularly your prior express agreement to an early start and acknowledgment that withdrawal expires on complete performance (§ 356(5) BGB). For a contract concluded away from business premises, that agreement must be transmitted on a durable medium. A contact enquiry or viewing appointment alone does not replace these declarations.

Model withdrawal form

If you wish to withdraw, you can complete the following details and send them to us:

To: Iris Mori, Mori Immobilien, Martin-Luther-Ring 3, 55276 Oppenheim, Germany, email info@mori-immo.de

I/We hereby withdraw from my/our contract for the following service:

Service / property: ____________________

Contract concluded on: ____________________

Consumer name(s): ____________________

Consumer address(es): ____________________

Consumer signature(s) (only for paper notification): ____________________

Date: ____________________

    Terms and conditions | Mori Immobilien