of InterAlpen Immobilien GmbH
Last updated: 11 August 2026
1. Scope and contracting party
These General Terms and Conditions (“Terms and Conditions”) apply to brokerage agreements and other brokerage-related services provided by InterAlpen Immobilien GmbH, Bahnhofstraße 27, 83684 Tegernsee (“broker”), unless expressly agreed otherwise in an individual case.
These Terms and Conditions apply to consumers and traders. A consumer is any natural person who enters into a legal transaction primarily for purposes that cannot be attributed to either their trade or their self-employed professional activity. A trader is any natural or legal person, or partnership with legal capacity, that enters into a legal transaction in the exercise of its trade or self-employed professional activity.
Individual agreements between the broker and the contracting party take precedence over these Terms and Conditions.
2. Brokerage agreement and services
The broker provides introduction and/or brokerage services in connection with property, in particular in relation to the sale, purchase, letting or renting of property.
The nature and scope of the activities are determined by the relevant brokerage agreement or the agreement made in the individual case.
A brokerage agreement for providing evidence of the opportunity to enter into a purchase agreement for an apartment or a single-family house, or for brokering such an agreement, must comply with the statutory text form requirement.
Where the broker provides a prospective client with property information, the mere provision of information does not in every case establish a brokerage agreement for consideration. An obligation to pay commission arises only if the statutory requirements and a corresponding commission agreement are in place.
3. Offers and property information
Offers made by the broker are subject to change and non-binding unless they are expressly designated as binding.
The right to correct errors and to effect a prior sale or prior letting is reserved.
The property information made available by the broker is based predominantly on information supplied by the owner, seller, landlord, property developer, property manager or other third parties.
As a rule, the broker does not independently verify this information for complete factual and legal accuracy, unless such verification has been expressly agreed or a duty to verify arises from the circumstances of the individual case.
The broker will not conceal any material circumstances known to it that are recognisably significant to the contracting party's decision.
4. Confidentiality and disclosure of information
The property information, property particulars and other documents made available by the broker are intended solely for the respective recipient.
Disclosure to third parties is not permitted without the broker's prior consent, unless disclosure is necessary for the purpose of the agreement or permitted by law.
If unauthorised disclosure of information supplied by the broker results in a third party entering into a main agreement on the basis of the introduction or brokerage services performed by the broker, the broker's statutory claims for damages and commission remain unaffected.
No lump-sum contractual penalty is agreed by this provision.
5. Acting for both parties
The broker may act for both the seller or landlord and the buyer or tenant, provided this is permitted by law and there is no conflict of interest.
In the case of purchase agreements for apartments and single-family houses, the statutory provisions of sections 656a to 656d of the German Civil Code (BGB) in particular remain unaffected.
6. Brokerage commission
A brokerage commission is payable only if it has been validly agreed and the statutory requirements for entitlement to commission are satisfied.
The amount of commission is set out in the individual brokerage agreement, the relevant offer or property particulars, or another express commission agreement.
Unless otherwise required by law or individually agreed, the commission becomes due when the main agreement is validly concluded.
For purchase agreements concerning an apartment or a single-family house where the buyer is a consumer, the statutory provisions of sections 656b to 656d of the German Civil Code (BGB) apply on a mandatory basis.
If the broker acts for both parties to such a purchase agreement for commission, remuneration may be agreed with and claimed from both parties only in accordance with the statutory provisions.
If only one party entered into the brokerage agreement and the other party is to contribute towards the brokerage costs, the statutory requirements of section 656d of the German Civil Code (BGB) likewise apply.
7. Prior knowledge
If the contracting party is already aware of the opportunity to enter into the agreement identified by the broker, it should inform the broker of this without undue delay in text form.
Failure to provide such notice does not, in itself, result automatically in an obligation to pay commission. The statutory requirements for entitlement to commission remain decisive.
8. Substitute and follow-on transactions
An entitlement to commission may also arise where, instead of the main agreement originally contemplated, the broker's activities lead to the conclusion of a main agreement that is essentially equivalent in economic terms and the statutory requirements for entitlement to commission are met.
Whether economic equivalence or identity exists depends on the circumstances of the individual case and the statutory provisions.
No obligation to pay commission is agreed for any other transactions or for transactions merely indirectly connected with the original introduction.
9. Principal's duties to provide information and cooperate
The principal must provide the broker, fully and accurately to the best of the principal's knowledge, with all information and documents required to carry out the brokerage instruction.
In particular, the principal should inform the broker of any factual or legal circumstances known to the principal that may be material to the marketing or conclusion of the main agreement.
The principal must inform the broker without undue delay if a main agreement has been concluded in respect of a property introduced or brokered by the broker.
Where necessary to verify an entitlement to commission, the broker may require suitable evidence of the conclusion and commission-relevant content of the main agreement. Personal or confidential information that is not required may be redacted.
10. Powers of attorney and obtaining documents
Where required to carry out the brokerage instruction, the principal may grant the broker separate powers of attorney, in particular to obtain documents or inspect land register documents, building records, administrative records or WEG documents.
Where required by law or by the relevant authority or body, a separate power of attorney from the person entitled to grant it must be presented for this purpose.
These Terms and Conditions alone do not replace a separate power of attorney where a specific power of attorney is required for the action concerned.
11. Engagement of third parties and cooperation partners
The broker may engage employees, cooperation partners or other brokers to perform the brokerage instruction, provided this does not conflict with any legitimate interests of the contracting party.
This does not result in any additional costs for the contracting party unless they were expressly agreed in advance.
12. Reimbursement of expenses
A right to reimbursement of special expenses arises only where such reimbursement has been expressly agreed in advance.
The nature and scope of the reimbursable expenses must be sufficiently specified or ascertainable for the contracting party.
Statutory claims remain unaffected.
13. Liability
The broker has unlimited liability
- in cases of intent and gross negligence;
- for culpable injury to life, limb or health;
- under the provisions of the German Product Liability Act, where it applies; and
- in any other cases in which liability is mandatory by law.
Where the broker breaches a material contractual obligation through slight negligence, it is liable for the loss typical of the contract and foreseeable when the contract was entered into. Material contractual obligations are obligations whose performance makes proper performance of the contract possible in the first place and on compliance with which the contracting party may regularly rely.
Otherwise, liability for loss caused by slight negligence is excluded to the extent permitted by law.
The broker is not liable for the solvency or creditworthiness of a contracting party introduced by it, unless the broker has given corresponding guarantees or wrongfully concealed material circumstances known to it.
Section 3 of these Terms and Conditions also applies to information about property.
14. Limitation
Claims are subject to the statutory limitation periods.
These Terms and Conditions do not shorten any mandatory statutory limitation periods.
15. Right of withdrawal for consumers
Consumers may have a statutory right of withdrawal for contracts concluded away from business premises and for distance contracts.
Where a right of withdrawal exists, the consumer will receive separate information on the right of withdrawal, including the statutory model withdrawal form.
If the consumer expressly requests that the broker begin its activities before the withdrawal period expires, the statutory provisions apply to the commencement of the service, any compensation for services supplied and the expiry of the right of withdrawal.
These Terms and Conditions do not replace the individual information on the right of withdrawal that must be provided.
16. Data protection
Personal data is processed solely in accordance with the applicable data protection laws.
Details of the nature, scope, purpose and legal basis of the processing of personal data, as well as the rights of data subjects, are set out in the current Privacy Policy of InterAlpen Immobilien GmbH.
Mere incorporation of these Terms and Conditions constitutes consent to data processing only where this is legally permissible and such consent has been given expressly, freely and with sufficient specificity.
17. Changes to these Terms and Conditions
As a rule, a brokerage agreement is governed by the Terms and Conditions incorporated when the agreement was concluded.
Subsequent changes to these Terms and Conditions do not become part of an existing agreement merely because the amended version is published on the website.
If a change should become necessary during an ongoing contractual relationship, the contracting party will be informed by appropriate means. Existing contractual terms will be changed only in accordance with the statutory requirements or on the basis of a valid agreement between the parties.
18. Jurisdiction and governing law
The law of the Federal Republic of Germany applies.
For consumers, this choice of law applies only to the extent that it does not restrict the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the contracting party is a merchant, a legal person governed by public law or a special fund under public law, the registered office of InterAlpen Immobilien GmbH is agreed as the place of jurisdiction to the extent permitted by law.
The statutory places of jurisdiction apply to consumers.
19. Communication and text form
Contractual declarations and notices may be made in text form, in particular by email, unless a stricter form is required by law.
Individual agreements take precedence over these Terms and Conditions irrespective of their form, to the extent permitted by law.
Statutory form requirements, including requirements for notarisation or written form, remain unaffected.
20. Final provisions
If any provision of these Terms and Conditions is or becomes wholly or partly invalid or unenforceable, the legal consequence is determined by the statutory provisions.
The validity of the remaining provisions remains unaffected.
An invalid provision is not automatically replaced by a provision that comes as close as possible to the intended economic purpose; instead, the relevant statutory provisions apply.
InterAlpen Immobilien GmbH
Bahnhofstraße 27
83684 Tegernsee
Germany
Estate agent pursuant to section 34c of the German Trade Regulation Act (GewO)
Terms and Conditions last updated: 11 August 2026