Terms & Conditions

  Unless the text form is prescribed for the conclusion of the brokerage contract pursuant to Section 656a BGB, a brokerage contract is concluded between Italica e.K. (hereinafter referred to as "Broker") and the interested party (hereinafter referred to as "Client") with the use of our offers, in particular the establishment of contact in this regard. The following general terms and conditions apply to the contractual relationship:  

1. broker's commission   
Upon conclusion of a notarized purchase agreement, the client shall owe the broker a broker's commission from the total economic purchase price for the proof or brokerage.  If the estate agent acts for both parties to the purchase contract and the buyer is a consumer, the buyer and seller owe the same amount of commission, § 656 c BGB.  The conclusion of a purchase contract is equivalent to any other acquisition of the economically intended property, e.g. knockdown at auction, acquisition of a company share, etc. As a rule, the estate agent is also liable to pay commission to the seller.  In the case of rental transactions, the broker only charges commission to the landlord.  

2. offers   
All offers are subject to change and non-binding. The property-related details are based on information provided to the broker by the seller/landlord. The estate agent does not adopt this information from the seller/landlord as his own and cannot accept any liability for its accuracy and completeness.  

3. prior knowledge   
If the broker provides evidence of a property that is already known to the customer, the customer is obliged to inform the broker of this in writing without delay and, at the broker's request, to provide evidence of the prior knowledge by means of documents.  

4. prohibition of disclosure   
All information provided by the broker about the property in the course of his activities is intended exclusively for the customer and may not be disclosed to third parties. If the customer violates this prohibition on disclosure and the third party or another person to whom the third party has passed on the information concludes the main contract, the customer shall owe damages in the amount of the broker's commission plus 22% VAT.  

5. Offsetting of claims   
The customer may only offset against the broker's commission claim with legally established or undisputed claims. The customer may only exercise a right of retention insofar as it is based on the same contractual relationship.  

6. Data protection   
The customer agrees that the broker may collect, process and use data arising from this contract or the execution of the contract and transmit such data to third parties to the extent necessary.  

7. copyrights and ancillary copyrights   
The content published on our website (italicahomes.com), in particular texts, images, property photographs and graphics, are subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are identified as such. The unauthorized reproduction or distribution of individual contents, object images or complete pages is not permitted and is punishable by law. The presentation of our website in external frames is only permitted with written permission.  

8. severability clause/written form   
If individual provisions are ineffective, the remaining provisions shall remain unaffected and shall be replaced by effective provisions with the same or similar regulatory content. Amendments and supplements to the brokerage agreement or this written form clause must be made in writing.