General Terms and Conditions for the Purchase of Real Estate (as at 21.03.2025)

(as of Mar. 21, 2025)

1. Scope

These General Terms and Conditions (GTC) apply to the brokerage agreement between the prospective buyer (client) and Mr. Lodge GmbH. The agreement is concluded when the client confirms acceptance of these GTC, in particular the obligation to pay commission, as part of a property inquiry or of any other specific engagement. A brokerage agreement concerning the identification or arrangement of the opportunity to conclude a purchase agreement for an apartment or a single-family house must be made in text form.

2. Non-binding Offers

All property listings by Mr. Lodge GmbH are subject to change. The information provided by Mr. Lodge GmbH is based on details supplied by the seller. Mr. Lodge GmbH does not assume liability for the accuracy or completeness of this information.

3. Confidentiality / Prohibition of Disclosure

All offers and information provided by Mr. Lodge GmbH, especially property exposés and their content, are confidential and intended solely for the recipient. Forwarding to third parties is not permitted without the express consent of Mr. Lodge GmbH, which must be given at least in text form. If the client breaches this obligation and a third party (or another person to whom the third party has passed on the information) concludes a purchase agreement that would be subject to commission under the brokerage contract and these terms, the client agrees to pay the commission stated in the exposé as compensation. The client retains the right to demonstrate that a lesser or no damage has occurred. Mr. Lodge GmbH may assert additional claims for damages due to unauthorized disclosure of information.

4. Entitlement to Commission

Mr. Lodge GmbH becomes entitled to commission as soon as a purchase agreement is concluded as a result of the identification or brokerage of a property by Mr. Lodge GmbH. It is sufficient if the company’s activity was a contributing factor. If the agreement is concluded on different terms than originally offered, or concerns a different property of the same seller, this does not affect the commission claim, as long as the final transaction is economically equivalent or only insignificantly different in economic terms. This also applies if, for example, company shares are acquired instead of real estate, a leasehold (German: “Erbbaurecht”) is purchased instead of freehold ownership, or a swap transaction takes place instead of a purchase.

5. Due Date of Commission

The commission becomes due upon conclusion of the notarised purchase agreement. It is payable upon invoicing. Mr. Lodge GmbH is entitled to attend the notary appointment and to receive a full copy of the signed contract. If the notarisation takes place without the participation of Mr. Lodge GmbH, the client is obliged to inform Mr. Lodge GmbH without delay of the main content of the contract.

6. Commission Amount

The commission amount is based on the details set out in the brokerage agreement or respective exposé. It is calculated as a percentage of the total purchase price recorded in the notarised agreement, including any additional benefits granted to the seller or a third party (e.g. assumption of land registry encumbrances, payment for fixtures and fittings).

7. Dual Agency

Mr. Lodge GmbH is entitled to act on behalf of both the buyer and the seller and to receive commission from both parties.

8. Prior Knowledge

If the client is already aware of a property offered by Mr. Lodge GmbH, they must inform Mr. Lodge GmbH without delay and provide evidence of this prior knowledge upon request. If the client fails to provide this notice, they shall reimburse Mr. Lodge GmbH for any expenses incurred as a result of the missing or delayed notification.

9. Limitation of Liability

In cases of simple negligence involving essential contractual obligations (cardinal duties), liability on the part of Mr. Lodge GmbH, its legal representatives and vicarious agents is limited to the foreseeable, contract-typical damage. Liability for damages resulting from the simple negligent breach of non-essential contractual obligations is excluded. These limitations do not apply to damages arising from injury to life, body or health.

10. Information on Online Dispute Resolution for Consumer Matters

The European Commission provides a platform for online dispute resolution (ODR), which can be found at: ec.europa.eu/consumers/odr. Mr. Lodge GmbH does not participate in dispute resolution proceedings before consumer arbitration boards under the VSBG.

11. Severability Clause

Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. This also applies if a part of a clause is invalid but another part is valid. The invalid provision shall be replaced by one that most closely reflects the economic interests of the parties and does not contradict the overall purpose of the contract.

12. Place of Performance and Jurisdiction

For business transactions with merchants under German commercial law, the place of performance and jurisdiction is Munich.