Terms for realtors

The key points

• These terms apply to realtors who publish listings on Finding Home.
• Your listings must be correct and up to date.
• You need the rights to your photos and texts.
• You may only show other people's data if you are allowed to.
• You can delete your account at any time.

Who do these terms apply to?

These terms apply to realtors and other businesses that publish listings on Finding Home. We call you a "realtor" here. They form the contract between you and us. Who "we" are is stated in the legal notice.

You use Finding Home for your work. This makes you a business. A business acts for its company or its trade, not as a private person. (§ 14 BGB) Your own terms and conditions don't apply to this contract.

What does Finding Home offer?

• You can publish listings for flats and houses.
• You can create listings by hand or upload them automatically, for example from your realtor software.
• Home seekers can write to you about your listings.
• You see how often your listings are viewed.

Using Finding Home is currently free. If we want to charge money, we agree on it with you beforehand. We don't promise that you get a certain number of inquiries. We try to keep Finding Home available at all times. But we can't promise that.

What applies to your account?

• Your details must be correct.
• Keep your password and your access details for automatic uploads secret.
• You are responsible for everything that happens with your access details.
• If someone else knows your access details, please tell us right away.

Which rules apply to listings?

You are responsible for your listings. Your listings must meet these rules:

• The property really exists. You are allowed to offer it.
• All details are correct. This includes price, size, location and condition.
• The listing contains all details the law requires. One example is the details from the energy certificate. (§ 87 GEG)
• You state your commission if home seekers have to pay one.
• When a property is rented out or sold, you take the listing offline right away.

What applies to photos and texts?

You may only upload photos and texts that you hold the rights to. This means: you made them yourself, or their author allowed you to use them. The author is the person who created a photo or a text.

You allow us to show your photos and texts on Finding Home. For this, we may store them and resize them. This permission is free of charge. It ends when you delete the listing.

Someone might claim rights to your photos or texts against us. You must then indemnify us against these claims. Indemnify means: you pay the costs, including for a lawyer. This doesn't apply if you are not at fault for the violation.

What applies to other people's data?

Your listings and messages can contain data about other people. These rules apply:

• No person may be recognisable in photos, unless they agreed.
• No number plates or name plates may be readable in photos.
• You only show data of tenants or owners if you are allowed to.

You are responsible for this data yourself. This also applies to the data from home seekers' inquiries. (Art. 4 Nr. 7 DSGVO) Only use this data to answer the inquiry. For advertising, you need the person's consent. Consent is an explicit permission.

Which rules apply to messages?

• Reply in a friendly and factual way.
• Only write to home seekers about their inquiry.
• Don't send ads or mass messages.

When may we remove listings?

A listing can break these terms or a law. We may then take it offline or delete it. We tell you the reason. For repeated or serious violations, we may block your account.

What are we liable for?

Being liable means: answering for damage and paying for it. We are fully liable if we cause damage on purpose or through gross negligence. Gross negligence means: we were very careless. We are also fully liable if someone is injured or dies.

If we are only slightly careless, we are liable in one case only. We then broke a duty without which the contract makes no sense. We are then only liable for damage that could typically be foreseen. In this case, we are not liable for lost business.

Laws under which we are always liable still apply. One example is the Product Liability Act.

How long does the contract run?

The contract has no fixed end.

You can delete your account at any time. The contract then ends right away. We also delete your listings.

We can end the contract with four weeks' notice. We tell you by email. For serious violations, we may end it right away.

What happens if we change these terms?

If we change these terms, they get a new version. We email you the new terms at least four weeks beforehand. You can object to the change during this time. If you don't object, the new terms apply afterwards. We point this out to you again in the email. If you object, both sides may end the contract right away.

Which law applies?

German law applies. If you are a merchant, the court at our place of business handles disputes. A merchant is, for example, a company in the commercial register. (§ 38 Abs. 1 ZPO)