🧾Schmidbauer Real Estate Crete

§ 1 scope
These general terms and conditions (hereinafter referred to as GTC) apply to all contracts, orders and legal transactions between Schmidbauer Real Estate Crete, Owner Oskar Josef Schmidbauer, Licensed Real Estate Agent, 730 08 Kokkino Chorio, Greece (AFM: 178996963, GEMI: 188658458000) (hereinafter referred to as the broker) and the client. The client is a prospective buyer of a property/land or a seller of a property/land. These terms and conditions become valid at the latest upon the use of services.

§ 2 Additional purchase costs and broker commission
Additional purchase costs may apply to the stated sales prices – e.g., real estate agent commission, property transfer tax, legal, notary and certification fees, property management fees, and land registry entry fees. The real estate agent's services are free of charge until the property/plot is acquired. For providing proof of purchase or the opportunity to conclude a purchase agreement, the real estate agent receives a commission from the client in the amount of the stated commission (e.g., in the property listing or advertisement), including statutory VAT. For properties/plots not listed in the listing (e.g., alternative properties are shown during a viewing appointment), the real estate agent will inform the client of the commission amount. The commission is calculated based on the negotiated purchase price of the property/plot and any items, furniture, fixtures, or similar items included in the purchase. If VAT is payable on the purchase price, the commission is calculated based on the gross purchase price, including VAT. The commission is due upon signing the purchase agreement and must be paid no later than two weeks after receipt of the invoice. The commission is also due if the purchase agreement is concluded after the termination of the brokerage agreement, but as a result of the broker's efforts. The commission amount is stated in the property listing or advertisement. If a property is offered as commission-free, then the buyer does not have to pay a commission.
Special rule for commission sharing
For purchase agreements concerning apartments and single-family homes located in Germany, the following applies: The real estate agent may only demand a commission from the buyer if the seller is liable for at least the same amount of commission and the buyer's share does not exceed 50% of the agreed total commission (§656d BGB). For purchase agreements concerning real estate located abroad (especially in Greece), as well as for the purchase of undeveloped land, multi-family homes, two-family homes, or commercial properties in Germany, the statutory commission regulations of §656c BGB and §656d BGB (sharing of the real estate agent's commission) do not apply. Only the commission arrangement stipulated in the property listing or in the separate real estate agent agreement applies.

§ 3 Rights and obligations of the broker
The real estate agent undertakes to act on behalf of the client. They will execute the assignment with the utmost care and work diligently and persistently, receiving and forwarding all opportunities to conclude a contract on behalf of the client. The real estate agent is permitted to utilize the assistance of cooperation partners, sub-agents, or sales partners at their own expense. The client shall not incur any additional costs in this regard. The real estate agent is obligated to inform the client of any economic risks of which they become aware in connection with their work. However, the real estate agent is not obligated to conduct their own investigations. The real estate agent may work on a commission basis for both the seller and the buyer.

§ 4 Rights and obligations of the customer
The customer remains free to decide whether to conclude a contract with an offer brokered by the broker. The customer must notify the broker immediately if they abandon or change their intention to buy or sell. The customer is obligated to provide identification and send a copy of their ID to the broker before concluding the purchase contract (Money Laundering Act). The customer must immediately inform the broker of the payment of the purchase price.

§ 5 cancellation policy
In the event that the customer is a consumer in accordance with Section 13 of the German Civil Code (BGB) and this agreement is concluded either outside the broker's premises or by distance selling via means of distance communication, the cancellation policy following the General Terms and Conditions applies.

§ 6 Start of activity
The customer expressly requests that the broker start providing its services during the cancellation period.

§ 7 Data protection
The customer consents to the collection, processing and use of his data to the extent necessary to carry out this order and agrees that these may be transmitted to third parties if necessary. You can find the current data protection declaration here.

§ 8 Disclosure of information
All data and information that the customer receives is confidential. In particular, the address or name of the owner of a property/land. A transfer to third parties is not permitted. If the unauthorized disclosure leads to a main contract with a third party, the customer owes the broker a commission in the amount that would have been incurred if the broker had proven or referred this third party.

§ 9 Place of performance / place of jurisdiction
If the customer is a merchant, the contracting parties agree on Landshut as the place of fulfillment for the mutual obligations arising from this agreement and as the place of jurisdiction.

§ 10 Liability
The broker has not checked the information passed on to the customer for completeness and accuracy. He has passed on the information he received from the seller or an authorized third party. The broker assumes no liability for the accuracy of the information. The broker's liability is limited to grossly negligent or intentional behavior. The customer waives any claims for damages (e.g. travel expenses) if a specific property is no longer available, the price has changed or the property does not meet his expectations.

§ 11 Subsidiary agreements, further agreements
If individual contractual provisions are agreed that deviate from or contradict the provisions of these General Terms and Conditions, the individual contractual agreements take precedence. Oral changes to the contract require written confirmation (text form) to be valid.

§ 12 Severability clause
Should individual provisions of these General Terms and Conditions be or become ineffective, this will not affect the validity of the entire agreement or the effectiveness of the remaining provisions. Instead of the ineffective or unenforceable regulation, the parties undertake now to agree on an effective regulation that comes as close as possible legally and economically to the meaning and purpose of the ineffective or unenforceable regulation.

§ 13 Applicable Law
All contracts subject to these terms and conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers whose habitual residence is in another country, the mandatory consumer protection provisions of that country remain unaffected.

Status: November 21, 2025

Right to cancel


Instructions for cancellation
For contracts concluded outside of business premises and for distance selling contracts, you have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can do that Template of the cancellation form linked here ,however it is not mandatory. In order to comply with the cancellation period, it is sufficient for you to send us the notification (e.g. by email) of the wish to cancel the contract before the end of the cancellation period.

Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than 14 days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise – in no case will you be charged any fees for this reimbursement. If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you inform us of your decision to withdraw from this contract, compared to the total scope of services stipulated in the contract. In the event of successful proof or facilitation of a purchase agreement, we are entitled to claim compensation for the actual expenses incurred.

Withdrawal form
Here you will find our template of the cancellation form in PDF format for printing.