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Carat Immobilien
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Terms and conditions

This English translation is provided for convenience only. The German version is the legally binding version.

All offers are subject to change and non-binding. Errors and prior sale/letting reserved.

1. Non-disclosure

All information, including property exposés provided by carat Immobilien GmbH, is intended solely for the client. The client may not pass property details or property information on to third parties without the prior written consent of carat Immobilien GmbH. If the client breaches this obligation and a third party — or other persons to whom the third party has passed the information — concludes the main contract, the client is obliged to pay carat Immobilien GmbH the agreed commission plus applicable VAT.

2. Dual agency

carat Immobilien GmbH may act, subject to commission, for both the seller/landlord and the buyer/tenant.

3. Owner-provided information

carat Immobilien GmbH points out that the property information it passes on originates from the seller/landlord or a third party and has been verified by it, the broker, neither for accuracy nor for completeness.

4. Data protection

All personal and property-related data are used by carat Immobilien GmbH exclusively to process the engagement. Data are passed on to third parties only where this is necessary to perform the engagement. For details see our privacy policy.

5. Commission entitlement on sale

Unless otherwise agreed, the customary local commission becomes due upon conclusion of a contract brought about by our introduction or brokerage.

6. Commission rates

Unless stated otherwise in the offer or expressly agreed otherwise, the following commission rates, to be borne by the contractual partner (hereinafter the "Principal"), apply upon successful use of the brokerage services of carat Immobilien GmbH (hereinafter the "Broker") for the purchase and sale of real estate, participations, companies and similar transactions:

  • 5.80 % incl. VAT of the purchase price for properties up to €10 million upon conclusion of a notarised purchase contract,
  • 4.64 % incl. VAT of the purchase price for properties from €10 million up to €20 million upon conclusion of a notarised purchase contract,
  • 3.48 % incl. VAT of the purchase price for properties above €20 million upon conclusion of a notarised purchase contract,
  • 3.48 % incl. VAT of ten times the average annual rent upon conclusion of a lease or management contract,
  • 3.48 net monthly rents incl. VAT (or of the contract value) upon conclusion of a commercial lease,
  • 2.32 net monthly rents incl. VAT (or of the contract value) upon conclusion of a residential lease.

All commission rates include the currently applicable statutory VAT. The purchase price is the sum of all consideration plus assumed liabilities. For annuity payments, the present value is deemed the agreed purchase price.

Where a consumer buys a flat or a single-family house, §§ 656a to 656d of the German Civil Code (BGB) take precedence (including the division of the commission between seller and buyer). For the brokerage of residential leases, the "orderer pays" principle applies (§ 2 (1a) of the German Housing Brokerage Act, WoVermittG).

7. Limitation of liability

In the event of slightly negligent breaches of duty, our liability and that of our vicarious agents is limited to the foreseeable damage typical for this type of contract. In the event of slightly negligent breaches of non-essential contractual duties whose breach does not endanger the performance of the contract, neither we nor our vicarious agents are liable. Essential contractual duties are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Principal may regularly rely. Our liability under the German Product Liability Act or under guarantees remains unaffected. Furthermore, the limitations of liability do not apply to injury to body or health attributable to us, or to loss of the customer’s life.

8. Place of performance and jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of carat Immobilien GmbH is agreed as the place of performance and the place of jurisdiction for all obligations and claims arising from the contractual relationship.

9. Consumer dispute resolution (§ 36 VSBG)

We declare that we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The former EU online dispute resolution (ODR) platform was discontinued on 20 July 2025.

10. Severability clause

Should one or more provisions of these terms and conditions be or become invalid or unenforceable, the remaining provisions remain unaffected, unless the omission of individual clauses would disadvantage one contracting party so unreasonably that it can no longer be expected to adhere to the contract. Where provisions have not become part of the contract or are invalid, the content of the contract is governed by the statutory provisions.

11. Duty to disclose prior knowledge

If the Principal is already aware of the opportunity to conclude a notarised main contract introduced by the Broker, the Principal must notify the Broker of this in writing without delay, stating the source. Otherwise, the contractual opportunity is deemed to have been introduced by the Broker.

12. Power of attorney

The Principal hereby grants the Broker power of attorney — also after conclusion of the notarised purchase contract — to inspect the contract, the land register and official files, in particular building files.

13. Substitute and follow-up transactions

The Principal’s obligation to pay commission at the agreed rates also applies to follow-up and/or substitute transactions. Such a transaction exists, for example, if, in connection with the Broker’s activity, the Principal learns within two years of the introduction of another and/or a further opportunity to conclude a main contract from the potential main contractual partner introduced by the Broker, or concludes the main contract regarding the introduced opportunity with the legal successor of the potential main contractual partner, or purchases the introduced property instead of renting or leasing it — or vice versa. To trigger the commission obligation for substitute transactions, it is not necessary for the commissionable transaction to be economically equivalent to the one originally envisaged within the meaning of the criteria developed by case law on the concept of economic identity.

14. Applicable law

German law applies. The place of performance and jurisdiction are governed by section 8.