General Terms and Conditions

André Geisler Immobilien

Only the German version is legally binding.

Version: October 2026

Provider: André Geisler Immobilien, owner André Geisler, Droysenstraße 5, 10629 Berlin, Germany
Mobile: +49 151 55471111 · E-mail: ag-immobilien@berlin.de · Web: ag-immobilien.berlin
(hereinafter the “Agent”)

§ 1 Scope

(1) These terms and conditions apply to all contracts between the Agent and its customers concerning the introduction and/or brokerage of real estate (purchase, rental, lease) and related services.
(2) Deviating terms of the customer only apply if the Agent expressly agrees to them in text form.
(3) Customer within the meaning of these terms is both the prospective buyer or tenant (e.g. buyer, tenant) and the principal (e.g. seller, landlord).

§ 2 Conclusion of the brokerage contract

(1) A brokerage contract with a prospective customer is concluded when the customer requests an exposé or other property information or uses brokerage services in the knowledge of the obligation to pay commission, in particular by requesting it via the website and confirming the commission arrangement.
(2) If the contract concerns the purchase of an apartment or a single-family house, the brokerage contract requires text form (Section 656a German Civil Code). This is satisfied by the confirmation in the request form and the subsequent e-mail from the Agent.

§ 3 Commission

(1) The amount of the buyer's commission is stated in the respective exposé or property description. It includes statutory VAT and is calculated on the notarised purchase price, including ancillary items sold with the property such as parking spaces or inventory.
(2) The right to commission arises upon conclusion of an effective main contract (e.g. notarised purchase contract) that is based on the introduction or brokerage by the Agent. The commission is due upon conclusion of the main contract.
(3) The right also arises if the main contract is concluded on different terms or as an economically equivalent transaction, e.g. acquisition in a foreclosure auction, acquisition of company shares or acquisition by a person or company close to the customer, insofar as this is based on the Agent's activity.

§ 4 Acting for both parties

The Agent may act for both the seller or landlord and the buyer or tenant and may charge commission to both. The Agent remains obliged to act impartially towards both parties. For the brokerage of residential tenancy agreements, Section 2 (1a) of the German Housing Brokerage Act (WoVermittG) applies: only the party who commissioned the Agent owes commission. Where a consumer buys an apartment or a single-family house, Sections 656c and 656d of the German Civil Code apply.

§ 5 Confidentiality and disclosure

(1) All property information is intended for the customer only. Disclosure to third parties is only permitted with the Agent's prior consent in text form.
(2) If the customer discloses information without authorisation and the third party therefore concludes the main contract, the customer is liable to the Agent for the resulting damage. As a rule, the damage corresponds to the lost commission. The customer remains free to prove that no damage or less damage has occurred.

§ 6 Customer's duty to inform

The customer informs the Agent without delay of the conclusion of a main contract concerning the property introduced and notifies the Agent of the purchase price or the essential contract terms. On request, the customer provides a copy of the contract.

§ 7 Set-off

The customer may only set off against the Agent's commission claims with claims that are undisputed or have been finally established by a court.

§ 8 Property information

The property information is based on information provided by the owner or third parties. The Agent checks it for plausibility but does not guarantee that it is correct or complete. Prior sale, prior letting and errors excepted.

§ 9 Liability

(1) The Agent is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act.
(2) In the case of slight negligence, the Agent is only liable for breach of an essential contractual obligation (cardinal obligation), limited to the damage typical for the contract and foreseeable.
(3) Otherwise, liability is excluded.

§ 10 Right of withdrawal for consumers

Consumers have a right of withdrawal for contracts concluded off-premises or at a distance. Details are set out in the cancellation policy (see Imprint, section “Right of withdrawal”), which also contains the model withdrawal form.

§ 11 Data protection

Personal data is processed in accordance with the privacy policy at ag-immobilien.berlin/en/datenschutz.

§ 12 Consumer dispute resolution

The Agent is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final provisions

(1) German law applies. For consumers, this only applies insofar as it does not deprive them of the protection of mandatory provisions of the country in which they are habitually resident.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.
(3) Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions then apply.
(4) The German version is authoritative. Translations are for information only.