Terms and Conditions (AGB)

General Terms and Conditions (AGB) for expert services and the preparation of expert reports for real estate appraisers.

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1. Subject of the Contract

The legal relationships of the independent expert with their client are governed by the contractual terms set out below.
Deviating terms and conditions of the client shall only become part of the contract if they have been expressly agreed in writing with the expert and acknowledged by them with a signature.
The subject of the contract is the preparation of an independent report as set out in the order and the resulting order confirmation.
The sole reason for commissioning the expert is the purpose of use stated in the order. The client is obliged to provide the expert with precise information about the intended purpose of use and, in the event of any change, to inform the expert of this immediately in writing.

2. Orders

Acceptance of the order as well as oral, telephone agreements, assurances, or collateral agreements require written confirmation by the expert to be effective. This will generally be done by e-mail.
The subject of the order is any kind of expert activity.
The scope of the report to be prepared, the issues to be addressed, and the further purpose of use will be confirmed in writing by the expert upon placement of the order.

3. Execution of the Order

The order will be carried out impartially, objectively, and to the best of the expert’s knowledge and belief, in accordance with the principles applicable to experts.
Insofar as the expert provides services, the parties agree that the expert owes no specific success, but exclusively a service. It lies solely within the decision-making and risk area of the client to take further necessary decisions or measures based on the service provided.
If the involvement of further experts from other disciplines is necessary for the proper fulfillment of the order, such commissioning will be carried out exclusively by the client.
The report must be prepared within the agreed period, unless unforeseeable reasons (e.g. missing documents, illness) prevent this.
Written reports will be made available to the client by e-mail and in paper form.

4. Duties of the Client

The client must support the expert in carrying out the assigned service and provide the required access to the object under review. The client is obliged to inform the expert immediately and in writing of any significant changes relevant to the preparation of an objective report.
The client must provide the expert with all information and documents necessary for the execution of the order free of charge.
The expert is not bound by the client’s instructions if these lead to factual inaccuracies in the report.

5. Confidentiality of the Expert

According to § 203 para. 2 no. 5 German Criminal Code (StGB), the expert is subject to confidentiality. Accordingly, they are contractually prohibited from disclosing, passing on, or exploiting the report itself or facts or documents entrusted to them or otherwise known to them in the course of their expert activity to unauthorized third parties. The duty of confidentiality covers all non-public facts and is unlimited in time.
This duty of confidentiality also applies to all employees working in the expert’s business. The expert is responsible for ensuring that all employees comply with the confidentiality obligation.
The expert may only be released from the duty of confidentiality at the express written request of the client or if this is required by law or necessity.

6. Liability

The expert is only liable for intent and gross negligence, regardless of whether the claim is based on contract, tort, or statute.
The expert is liable for damages caused by a defective report – regardless of the legal basis – only if they or their agents have caused the damage through intentional or grossly negligent breach of duty. This also applies to damages caused by the expert during the preparation of their report as well as damages arising after subsequent performance. § 939 BGB remains unaffected. Any further claims for damages are excluded.
If the client passes the report on to third parties, they personally assume liability for damages to third parties arising from the report. The client indemnifies the expert accordingly from third-party claims.
The determination of market value is carried out in accordance with the principles of the German Real Estate Valuation Ordinance (ImmoWertV, Federal Law Gazette I 2010, 639). The expert accepts no liability for hidden or latent defects, for defects in components not made accessible, or for other undetected property features (e.g. infestation by pests, building materials containing pollutants, contaminated soil, structural safety, sound or thermal insulation). Market value in the report is determined approximately. Findings are made only to the extent necessary for valuation.
If the expert breaches a duty that endangers health and life, liability is limited to €500,000 for property and financial damages.

7. Warranty

As warranty, the client may initially only demand free rectification of a defective report.
If rectification is not made within a reasonable period, or rectification fails, the client may demand rescission of the contract or reduction of the fee.
Defects must be reported to the expert in writing immediately after discovery. Otherwise, the client’s warranty rights expire.
Claims for damages remain unaffected in the case of missing assured evidence.
Claims for damages become time-barred after three years. The limitation period begins upon receipt of the report by the client.

8. Copyright

The expert retains the copyright on the reports prepared by them.
The client may use the prepared report, including all tables, calculations, and other details, only for the purpose for which it was contractually intended.
Any further disclosure of the report to third parties or any other use is only permitted with the written consent of the expert.
Publication of the report always requires the written consent of the expert. Reproduction is only permitted within the framework of the intended use of the report.

9. Payment Terms

The expert is entitled to payment of a fee. The amount of the fee is determined by explicit written agreement. The fee includes the general office costs of the expert. The fee is payable gross; exceptions are excluded. A transfer is deemed payment only if it has been finally and without deduction credited to the expert’s business account within 14 days. Offsetting with a counterclaim or asserting a right of retention is excluded unless the counterclaim or right is undisputed or legally established.
If the client fails to pay the invoice on time, they are liable for the damage caused to the expert by this delay. Furthermore, the expert is entitled to claim statutory default interest (§ 288 BGB). If the client is in default with the payment of the fee, the expert may withdraw from the contract after setting a reasonable grace period or claim damages for non-performance. Subject to the assertion of further damages, default interest of 2% above the respective discount rate of the Deutsche Bundesbank plus the applicable VAT (currently 19%) shall be payable in the event of default.
The expert is entitled to charge the client for expenses incurred in the preparation of the report. Incidental and out-of-pocket expenses may be charged in the actual amount incurred (with proof) or in an agreed amount (without proof), if the expert must obtain additional necessary documents.
If additional services are to be provided at the request of the client, these services will be invoiced based on time spent and at an hourly rate plus the applicable VAT (currently 19%).
For travel by motor vehicle, an additional flat rate of €0.60 per kilometer driven will be charged, plus the applicable VAT (currently 19%).

10. Appointment Scheduling

The expert must prepare the report within a reasonable period of time. Deviating appointment arrangements are only valid if confirmed in writing by the expert to the client.

11. Duty to Provide Information

The client has the right to request information from the expert as to whether the report can be completed on time, whether additional documents or information from the client are required in addition to the initially agreed expenses, and about the current status of the report preparation.

12. Termination

Termination of the expert assignment is only possible for good cause. Termination must be made in writing.
An important reason for termination by the client exists if the expert grossly violates the obligations imposed on them by the expert regulations.
An important reason for termination by the expert exists if the client fails to fulfill their duty to cooperate, refuses consent to access necessary documents, or does not grant the expert access to the building.
Furthermore, an important reason exists if the client obstructs the expert in carrying out their work or fails to change their improper behavior after being warned by the expert.

13. Final Provisions

Place of performance for all claims of clients is the Free and Hanseatic City of Hamburg.
For claims of the expert against the client, the client’s place of residence is the place of jurisdiction.
If any provision of this contract is invalid due to legal regulations, the validity of the remaining provisions of this contract shall not be affected. Invalid provisions may be replaced by provisions that come closest to the intended purpose and are legally permissible. The contracting parties undertake to accept such substitute provisions.
Amendments or collateral agreements to this contract must be made in writing.