General Terms and Conditions
L&B Immobiliya EuRuS GmbH · Version of 24 September 2026
This translation is provided for information only. Only the German version is legally binding.
Part A General Provisions
§ 1 Provider and Scope of Application
(1) These General Terms and Conditions apply to contracts for brokerage services and property management services of L&B Immobiliya EuRuS GmbH, Frankfurter Allee 18, 10247 Berlin (hereinafter the “Company”).
(2) The type and scope of the services owed are determined primarily by the respective individual contract, the brokerage agreement, the management agreement, a power of attorney and, in the case of the management of condominium property (Wohnungseigentum), additionally by the Condominium Act (Wohnungseigentumsgesetz), the community regulations (Gemeinschaftsordnung) and the valid resolutions of the community of unit owners (Gemeinschaft der Wohnungseigentümer). Individual agreements take precedence over these GTC.
(3) Deviating terms and conditions of the client apply only if the Company has expressly consented to their application in text form (Textform). Vis-à-vis consumers, this provision applies only to the extent that it can be validly agreed in the individual case.
(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or independent profession.
§ 2 Company Details and Licence
(1) The Company operates as a real estate broker and property manager. Where a licence pursuant to § 34c Gewerbeordnung is required, services are provided only within the scope of the existing licence.
(2) Register court and register number: Local Court (Amtsgericht) Charlottenburg, HRB 142688 B
(3) Managing directors authorised to represent the Company: Kate Lehmann and Lyubov Baumgärtner, both Berlin.
(4) Licence pursuant to § 34c Abs. 1 Gewerbeordnung, granted on 23 March 2009 by the competent supervisory authority: District Office (Bezirksamt) Charlottenburg-Wilmersdorf of Berlin.
§ 3 Communication and Declarations
(1) Within the scope of the performance of the contract, the parties may communicate by letter, telephone and e-mail. Legally relevant declarations may be made in text form, unless the law or an individual agreement requires a stricter form.
(2) The client shall notify the Company without undue delay of any changes to its address, e-mail address, bank details and its representation or ownership circumstances. The client shall bear disadvantages resulting from late notification only to the extent that it is responsible for the delay.
(3) E-mail communication may involve technology-related security risks. Confidential or particularly sensitive documents are exchanged in accordance with the transmission channels agreed in each case and permissible under data protection law.
Part B Brokerage Services
§ 4 Subject Matter of the Brokerage Activity
(1) Depending on the agreement, the Company provides services consisting of the identification of opportunities to conclude a contract (Nachweis) or brokerage (Vermittlung) for purchase, tenancy, usufructuary lease (Pacht) or other contracts relating to real estate. A specific economic or legal result is owed only if this has been expressly agreed.
(2) A commission claim arises only in accordance with the statutory provisions and the specific commission agreement, in particular if the main contract is validly concluded as a result of the Company’s identification or brokerage.
(3) Offers by the Company are non-binding unless they are expressly designated as binding. Prior sale, prior letting or prior leasing remain reserved.
§ 5 Conclusion of the Contract and Statutory Form Requirements
(1) Subject to mandatory statutory form requirements, brokerage contracts may be concluded by individual agreement, confirmation in text form or implied conduct. The mere sending of an unsolicited property brochure (Exposé) does not in itself give rise to any payment obligation.
(2) A brokerage contract concerning the identification or brokerage of a purchase contract for an apartment or a single-family house requires text form. Likewise, a brokerage contract relating to residential tenancy requires text form. The Company therefore generally documents the commission agreement in a separate brokerage contract, property brochure or commission confirmation.
(3) The specific amount and the debtor of the commission are determined exclusively by the individual commission agreement and the mandatory statutory provisions. Information in property brochures and advertisements takes precedence over these GTC as a more specific provision.
§ 6 Commission for Purchase Contracts
(1) In the case of purchase contracts, the commission claim arises upon the valid conclusion of the notarised main contract, provided that the statutory requirements for the claim are met. The commission is due upon receipt of a verifiable invoice, unless the commission agreement or mandatory law provides for a later date.
(2) Where a purchase contract for an apartment or a single-family house is brokered or identified to a consumer, §§ 656a to 656d BGB apply. If the Company acts for both parties against commission, the buyer and the seller may only be obliged to pay commission in the same amount. If only one party has concluded the brokerage contract and the other party is to assume brokerage costs, the party that originally instructed the Company remains obliged at least in the same amount; the claim against the other party becomes due only in accordance with the statutory proof of payment.
(3) For other types of property or for purchases by entrepreneurs, the statutory provisions and the individually concluded commission agreement apply.
(4) Ancillary acquisition costs, in particular real estate transfer tax (Grunderwerbsteuer), notary (Notar) and land register (Grundbuch) costs as well as financing costs, do not form part of the brokerage commission and are borne by the party obliged by law or contract in each case.
§ 7 Commission for Tenancy and Usufructuary Lease Contracts
(1) The brokerage of residential tenancy contracts is governed by the Act on the Regulation of Housing Brokerage (Gesetz zur Regelung der Wohnungsvermittlung) and in particular the “principal pays” principle (Bestellerprinzip). A commission is demanded from a person seeking accommodation only if the statutory requirements for this are met. Advance payments are neither demanded nor accepted.
(2) In the case of commercial tenancy, usufructuary lease and other tenancy contracts, the amount of the commission, the commission debtor and the due date are determined by the individual agreement and the statutory provisions.
(3) If the Company itself is the owner, landlord, tenant or manager of the residential premises offered, or if participation relationships treated as equivalent by law exist, no impermissible brokerage commission is demanded from the person seeking accommodation.
§ 8 Prior Knowledge and Cooperation of the Interested Party
(1) If an interested party is already aware of the opportunity to conclude a contract identified by the Company, it should notify the Company thereof in text form without undue delay and, upon request, explain its prior knowledge in a comprehensible manner. Statutory rules on the burden of proof are not affected thereby.
(2) The client shall inform the Company completely and truthfully of circumstances that are material to the brokerage activity and the conclusion of the main contract. These include, in particular, existing brokerage mandates, direct negotiations, restrictions on disposal and known legal or factual obstacles.
(3) The client shall inform the Company without undue delay of the conclusion of the main contract and, upon justified request, provide the information or documents required to verify the commission claim. Further statutory rights remain unaffected.
§ 9 Confidentiality and Disclosure of Property Information
(1) Property brochures, property documents and other information not publicly accessible are intended exclusively for the respective recipient. Disclosure to third parties is permissible only with the consent of the Company or to the extent necessary for the examination, financing, advice on or performance of the intended transaction.
(2) If a main contract is concluded by a third party to whom the recipient has passed on information, any commission or damages claim is determined by the statutory provisions and the specific commission agreement. These GTC do not establish any contractual penalty independent of fault.
§ 10 Dual Activity and Conflicts of Interest
(1) The Company may act for both parties to the intended main contract to the extent that this is legally permissible, the interests of both parties are safeguarded and no deviating individual agreement exists.
(2) In the case of purchase contracts for apartments or single-family houses with consumers, the mandatory requirements of §§ 656c and 656d BGB remain unaffected. Confidential information of one party is disclosed to the other party only with permission or on the basis of a statutory obligation.
§ 11 Property Information and Examination by the Customer
(1) Property information is generally based on information and documents from the owner, landlord, manager or other third parties. The Company checks this information within the scope of its contractual obligations but does not assume any guarantee for its accuracy or completeness, provided that it merely passes on the information as third-party information and does not declare any deviating agreement on quality or guarantee.
(2) Recognisable contradictions or specific doubts are communicated to the customer. The Company may not conceal its own knowledge of material circumstances.
(3) The customer remains required to examine, or have examined by suitable experts, the legal, tax, technical and economic circumstances material to its decision. The Company does not provide legal, tax, financing, construction or expert advice unless this has been separately agreed expressly and in a legally permissible manner.
(4) Information on areas, dimensions, income, costs and returns is binding only if it is expressly designated as guaranteed or as an agreed quality.
§ 12 Right of Withdrawal for Consumer Contracts
(1) Consumers may be entitled to a statutory right of withdrawal in the case of off-premises contracts and distance contracts. The Company provides separate information on the right of withdrawal for this purpose and makes the statutory model withdrawal form available.
(2) If the Company is to commence its activity before the expiry of the withdrawal period, this shall occur only at the express request of the consumer. The consumer will be separately informed about possible compensation for value and the statutory requirements for the expiry of the right of withdrawal.
(3) The mere inclusion of this provision in the GTC does not replace the legally required individual information on the right of withdrawal and the documentation of the express request for commencement of activity.
Part C Property Management
§ 13 Scope of Application of the Management Provisions
(1) The following provisions apply to WEG administration, rental management and management of separate ownership units (Sondereigentumsverwaltung) only to the extent that the respective service has been commissioned in the individual contract.
(2) In the case of WEG administration, duties and powers are determined in particular by the Condominium Act, the community regulations, valid resolutions, the appointment resolution and the management agreement. In the case of rental management and management of separate ownership units, they are determined by the management agreement and a separate power of attorney.
(3) These GTC do not establish any power of attorney and do not extend any statutory or contractual power of representation.
§ 14 Services and Limits of the Management Mandate
(1) The Company provides the basic services specified in the management agreement with the diligence of a prudent property manager. Activities not expressly designated as basic services are owed only if they are mandatory by law or have been separately commissioned.
(2) In the case of WEG administration, the Company takes those measures of proper administration which it is entitled and obliged to take pursuant to § 27 WEG. Measures of considerable significance or involving considerable obligations require a resolution, unless there is imminent danger or a valid authorisation exists.
(3) In the case of rental management and management of separate ownership units, the Company is entitled to conclude contracts, make declarations, make or receive payments and assert claims only within the scope of the management agreement and the power of attorney.
(4) Legal and tax advice as well as specialist technical planning are not owed. Where necessary, the Company may, in accordance with its power of attorney, engage suitable lawyers, tax advisors, architects, engineers, experts, tradespeople or other specialist companies in the name and for the account of the client.
§ 15 Client’s Duties to Cooperate
(1) The client shall provide the Company in good time and in full with all documents, keys, access data, contracts, resolutions, powers of attorney and information required for the management.
(2) The client shall provide information without undue delay on changes of ownership, encumbrances, official proceedings, legal disputes, insured events, defects, hazardous situations, tax-relevant changes and other material circumstances.
(3) Where decisions or funds of the client are required, the client shall provide them in good time. The Company is not liable for delays or disadvantages arising from a lack of cooperation for which the client is responsible.
§ 16 Payment Transactions and Third-Party Funds
(1) Funds of the client or of the managed community are kept separate from the Company’s own assets to the extent required by law and contract. The Company complies with the relevant obligations under the Brokers and Property Developers Ordinance (Makler- und Bauträgerverordnung).
(2) Payments are made only within the scope of the management mandate, the available funds and the existing power of representation. The Company is under no obligation to pre-finance or grant credit.
(3) The client shall ensure sufficient liquidity of the management accounts. The Company shall give notice of impending shortfalls to the extent that they are recognisable.
§ 17 Engagement of Third Parties and Maintenance Measures
(1) The Company carefully selects the specialist companies to be engaged, unless the selection is specified by the client or by a resolution. It generally does not owe the success of the work or services performed by third parties.
(2) Quotations are obtained to the extent contractually agreed. A specific minimum number of comparative quotations is owed only if this has been agreed, resolved or is required under the circumstances of proper administration.
(3) In the case of urgent measures to avert imminently threatening damage, the Company may arrange for the necessary emergency measures within the scope of its statutory or contractual powers. The client or the competent bodies will be informed thereof as soon as possible.
§ 18 Remuneration, Expenses and Special Services
(1) The remuneration for basic services and special services is set out in the respective management agreement or a separate remuneration agreement. All fees are subject to statutory VAT where applicable and not already stated as a gross price.
(2) Expenses and third-party costs are reimbursed only to the extent contractually agreed or owed under the statutory provisions. The Company shall itemise them comprehensibly upon request.
(3) Additional services are remunerated only if a valid agreement exists for them. Unilateral changes to the remuneration by the Company are excluded.
§ 19 Statements of Account, Inspection and Surrender
(1) The Company prepares the agreed statements of account and reports within the statutory or contractual time limits as soon as the documents and billing data required for this purpose are fully available.
(2) Statutory and contractual rights of inspection, information and surrender remain unaffected. Inspections are facilitated during reasonable business hours and in compliance with data protection.
(3) Upon termination of the contract, the Company shall surrender the management documents and assets to be surrendered to the entitled party or the successor manager within a reasonable period. Statutory rights of record retention (Aufbewahrungsrechte) and justified rights of retention (Zurückbehaltungsrechte) remain unaffected; vis-à-vis consumers, the statutory limits apply.
Part D Common Final Provisions
§ 20 Liability
(1) The Company is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, in the event of fraudulent concealment, upon assumption of a guarantee and under mandatory statutory liability provisions.
(2) In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
(3) Otherwise, liability for damage caused by slight negligence is excluded. The foregoing liability provisions apply accordingly to the Company’s corporate bodies, employees and vicarious agents (Erfüllungsgehilfen).
(4) The statutory provisions on the burden of proof remain unaffected.
§ 21 Data Protection
(1) Personal data are processed in accordance with the applicable data protection provisions. Details are set out in the separate privacy policy and, where necessary, in additional data protection information for contractual partners.
(2) Data are disclosed to owners, interested parties, notaries, financing institutions, service providers, authorities or other involved parties only to the extent that a legal basis exists and the disclosure is necessary for the initiation, performance or processing of the respective contract.
§ 22 Consumer Dispute Resolution
(1) The Company is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 23 Set-off and Retention
(1) Consumers may set off claims that are undisputed, have been finally determined by a court or arise from the same contractual relationship. Further statutory rights of set-off remain unaffected.
(2) Rights of retention may be asserted to the extent permitted by law. Vis-à-vis entrepreneurs, a right of retention may only be exercised on account of counterclaims arising from the same contractual relationship, unless mandatory statutory provisions preclude this.
§ 24 Choice of Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
(2) If the contractual partner is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship. The same applies if the contractual partner has no general place of jurisdiction in Germany and an agreement on the place of jurisdiction is legally permissible.
§ 25 Final Provision
(1) Should individual provisions of these GTC be wholly or partially invalid or not form part of the contract, the remainder of the contract shall remain valid. The invalid or non-incorporated provision shall be replaced by the statutory provisions.
(2) Amendments and supplements to these GTC become part of the contract only if they are validly incorporated into the respective contract. The Company has no unilateral right of amendment.
The information on the right of withdrawal for consumers, with the model withdrawal form, is on a separate page: Right of Withdrawal
L&B Immobiliya EuRuS GmbH