These General Terms and Conditions govern the relationship between BC Living GmbH (hereinafter "BC Living" or "we") and our clients (hereinafter "client" or "you") in the context of real estate brokerage and related services. By placing an order, you acknowledge these GTC as binding.
1.1 These GTC apply to all brokerage mandates, valuation assignments, and other services that BC Living provides to clients.
1.2 A contractual relationship is established through written or verbal agreement. In the event of differing conditions from the client, these are only valid if BC Living has expressly agreed to them in writing.
1.3 BC Living operates as a franchise partner of REMAX Zollikon and acts within the framework of REMAX network guidelines as well as applicable Swiss laws, particularly the Code of Obligations (OR).
2.1 BC Living offers the following core services: real estate brokerage (purchase, sale, rental), market price valuations, preparation of marketing materials (exposés, advertisements, floor plans), coordination of viewings, and support until notarization and key handover.
2.2 The exact scope of services is defined in the respective brokerage agreement. Additional services (e.g., home staging, professional photography, 3D visualization, drone footage) are agreed upon and charged separately.
2.3 BC Living employs modern technologies and digital tools for real estate marketing, including AI-powered price analyses, digital property brochures, and social media campaigns. The use of these means is at BC Living's professional discretion.
3.1 The client shall provide BC Living with all necessary documents and information for the fulfillment of the mandate completely and truthfully. These include in particular: land register extract, official valuation or insurance value, plans and building permits, existing rental or lease agreements, and information on known defects.
3.2 The client is obliged to inform BC Living without delay about any changes affecting the brokerage agreement (e.g., ongoing sales negotiations, price changes, changes in use).
3.3 A dual mandate – i.e., the simultaneous engagement of another brokerage firm for the same property – is at the client's discretion, provided no exclusive agreement exists. In this case, the client will transparently inform BC Living about the parallel engagement.
4.1 BC Living's remuneration is based on the percentage or flat fee agreed upon in the mandate. The commission becomes due upon success (conclusion of a contract between buyer and seller, or landlord and tenant, respectively).
4.2 Success is defined as the legally valid conclusion of a purchase, rental, or lease agreement attributable to BC Living's brokerage activity. The commission claim also arises if the contract is concluded after the agreement expires with a party introduced by BC Living (referral commission).
4.3 Typical commission rates in the Swiss real estate market range between 2% and 5% of the sale price, plus statutory VAT, depending on the property and location. The rate applicable to the specific agreement will be recorded in writing in the mandate.
4.4 Expenses for additional services (printing costs, photography, external appraisals, etc.) will be invoiced separately to the client, provided this was agreed upon in advance.
4.5 Invoices are payable within 5 days of issuance. In case of late payment, BC Living is entitled to charge default interest of 5% p.a.
5.1 An exclusive agreement can be arranged at the client's request. This entitles BC Living to act as the sole broker for the agreed term.
5.2 An exclusive agreement is concluded in writing with a clear indication of the term. After the term expires, the agreement can be extended or converted into a non-exclusive agreement.
5.3 BC Living's commission claim remains valid even if the client sells or rents the property on their own initiative without BC Living's involvement during the exclusive term, unless otherwise agreed in writing.
6.1 Brokerage agreements are generally concluded for a fixed term of 9 months. After this period expires, the agreement does not automatically renew.
6.2 A non-exclusive agreement may be terminated in writing at any time. An exclusive agreement may only be terminated at the end of the agreed term.
6.3 BC Living reserves the right to terminate an agreement with immediate effect if the client provides incorrect information about the property, breaches contractual obligations, or if a productive cooperation is no longer possible.
7.1 BC Living coordinates all viewings and conducts them on behalf of the seller or landlord. The client is obliged to cancel appointments in a timely manner if the property is unavailable at short notice.
7.2 Personal data of prospective buyers and tenants are collected by BC Living and processed in accordance with the privacy policy. This data is used exclusively for brokerage purposes and not for other purposes.
7.3 BC Living is only liable for damages arising during viewings by prospective buyers in cases of proven intent or gross negligence.
8.1 BC Living processes personal data within the scope of fulfilling the mandate in accordance with the Swiss Data Protection Act (DPA) and the GDPR, where applicable. The complete privacy policy is available on www.bcliving.ch.
8.2 The client agrees that their data and the property data may be passed on to third parties (e.g., prospective buyers, real estate portals, REMAX network, notaries) within the scope of marketing, insofar as this is necessary for the fulfillment of the mandate.
9.1 BC Living is liable for damages caused by intent or gross negligence. Any further liability – in particular for loss of profit or indirect damages – is excluded, to the extent legally permissible.
9.2 BC Living does not guarantee the accuracy of price estimates or market analyses. These are based on careful market observation but are not binding valuations.
9.3 No liability is assumed for technical malfunctions on the website or in digital tools that are beyond BC Living's control.
10.1 Both parties undertake not to disclose confidential information exchanged within the scope of the mandate to third parties, unless this is necessary for the fulfillment of the mandate or legally required.
10.2 Confidential information includes, in particular: price expectations of the client, reasons for selling or buying, financial circumstances of prospective buyers, and internal negotiation positions.
11.1 BC Living reserves the right to amend these GTC at any time. Changes will be published on www.bcliving.ch and will come into effect 30 days after publication.
11.2 For ongoing mandates, the GTC in the version valid at the time of commissioning shall apply, unless the changes are of a mandatory legal nature.
12.1 These GTC and all contractual relationships between BC Living and the client are exclusively governed by Swiss law, in particular the Swiss Code of Obligations (OR) and brokerage law according to Art. 412 et seq. OR.
12.2 The exclusive place of jurisdiction shall be – to the extent legally permissible – the registered office of BC Living in Zollikon, Canton Zurich. Mandatory legal places of jurisdiction remain reserved.
12.3 Disputes shall, if possible, be resolved through negotiation. Both parties undertake to first seek direct discussion in the event of disagreements before initiating legal action.
