General Terms and Conditions

1. Brokerage contract

These General Terms and Conditions apply to brokerage contracts with BWAP - Brokerage with a Purpose GmbH.

The brokerage contract is concluded by an agreement in text form or, where no particular form is prescribed by law, by making use of our brokerage services in knowledge of the obligation to pay commission. Pursuant to Section 656a of the German Civil Code (BGB), brokerage contracts for the introduction or brokering of the purchase of an apartment or a single-family house require text form.

The amount of the commission results from the brokerage contract, the exposé or the respective individual agreement.

2. Right of withdrawal

For distance contracts and contracts concluded away from business premises, consumers receive a separate cancellation policy together with a model withdrawal form. Any activity before the expiry of the withdrawal period takes place only at the express request of the consumer. The statutory provisions apply to the expiry of the right of withdrawal.

3. Property information

Our brokering and/or introduction activities are based on the information and details provided to us by our contractual partners or other persons authorised to provide information; this includes the documents and details relating to the property.

We process these with the care customary in business dealings. Any further factual or legal examination takes place only where expressly agreed or where particular circumstances give cause for it. Errors and/or prior sale or letting remain reserved.

4. Acting for both parties

We may also act for the other party to the intended main contract, insofar as this is legally permissible and no impermissible conflict of interest exists. Sections 656c and 656d BGB remain unaffected.

5. Entitlement to commission

The entitlement to commission arises when the intended main contract is concluded as a result of our introduction or brokering activity. It may also arise in the case of a different contract if this is economically essentially equivalent to the originally intended transaction.

If negotiations are interrupted and later resumed, the entitlement to commission continues to exist provided that our activity remained causal for the conclusion of the contract.

The client is obliged to inform us without undue delay after the conclusion of the main contract about its conclusion, the contracting parties and the purchase price or the other circumstances relevant to the calculation of our commission claim. Suitable evidence must be provided on request. The duty to provide information also applies if the main contract was concluded subject to a condition precedent.

6. Prior knowledge

If the client is already aware of the contractual opportunity introduced, the client shall inform us of this without undue delay in text form, stating the circumstances.

7. Confidentiality

Our offers, exposés and property information are intended exclusively for the respective recipient and must be treated confidentially.

Disclosure to third parties is permitted only with our consent. Excepted is the necessary disclosure to financing institutions, family members or advisors bound to confidentiality.

In the event of culpable unauthorised disclosure, the client is liable for the damage actually incurred as a result.

8. Advice and liability

Our brokerage activity does not include legal or tax advice. We are not liable for the creditworthiness of the contracting party introduced. An examination of the economic capacity or creditworthiness of a contracting party is not part of our brokerage activity unless expressly agreed. We therefore assume no guarantee for the solvency or creditworthiness of a contracting party. Information on creditworthiness provided at the client’s request is based on information obtained from third-party companies (Creditreform, Schufa). We assume no liability for the accuracy and completeness of such information.

We are liable without limitation in cases of intent and gross negligence, for damage resulting from injury to life, body or health, and in other cases of mandatory statutory liability.

In the event of a slightly negligent breach of material contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.

9. Money Laundering Act and data protection

The client shall provide us with the information and documents required to fulfil our statutory obligations under the German Money Laundering Act (GwG).

Personal data is processed in accordance with the statutory data protection provisions. Further information is contained in our Privacy Policy.

10. Final provisions

In relation to merchants, legal entities under public law and special funds under public law, the place of jurisdiction is the registered office of BWAP - Brokerage with a Purpose GmbH. In relation to consumers, the statutory places of jurisdiction apply.

German law applies. In relation to consumers, mandatory protective provisions of the state of their habitual residence remain unaffected.

Should individual provisions be invalid, the remaining provisions remain valid. The statutory provisions shall replace any invalid provisions.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

BWAP – Brokerage with a Purpose GmbH
Hamburg Sotheby’s International Realty
ABC Street 10, 20354 Hamburg
Version: October 2026