Terms and Conditions

1. Scope and provider

These terms apply to the use of mietkaufnest.de. The operator is Andreas Hinderberger, Bahnhofstraße 63, 87477 Sulzberg, Germany (“we”). Users' own terms only apply if we expressly agree to them.

2. What Mietkaufnest is and is not

1. Mietkaufnest is a listings platform. Providers publish properties that can be acquired on a rent-to-own basis; interested parties search for free and get in touch.
2. We are not an estate agent. We do not introduce opportunities, broker contracts or negotiate, and we receive no success fee.
3. We do not give legal, tax or financing advice. Content such as the guide and example calculations is general information.
4. Rent-to-own contracts are concluded solely between provider and interested party. They must be notarised and are never concluded on the platform.

3. Account and identity verification

1. An account is required to post listings and to send enquiries to providers. The information provided must be true and complete.
2. Before submitting a listing and before the first enquiry, users verify their identity through a verification service. ID data stays with the verification service; we only receive the result.
3. After successful verification, the name in the account is tied to the verified identity and can no longer be changed freely.
4. Login details must be kept secret. Each account is personal and not transferable.

4. Listings

1. Owners may post listings, as may agencies that provide a power of attorney confirmed by the owner. Estate agents additionally prove their licence under Section 34c of the German Trade Regulation Act.
2. When submitting, the provider supplies a current land register extract. We compare the registered owner with the verified identity, also with technical support, and review every listing by hand before approval.
3. Providers are responsible for the content of their listings. The information must be accurate, in particular purchase price, monthly rate, term, credited share and contract model.
4. The mandatory energy performance certificate information under Section 87 of the German Building Energy Act must be provided in full where a certificate is required for the building.
5. In particular, misleading information, content without reference to a specific rent-to-own property, demands for payment before a viewing and discrimination under the German General Equal Treatment Act are not permitted.
6. For uploaded photos and texts, the provider grants us a simple right, limited to the term of the listing, to show them on the platform and adapt them technically for that purpose. The provider warrants that they hold the necessary rights.
7. Listings affiliated with the operator are visibly labelled, go through the same review and receive no preferential placement. We never use enquiries about other providers' listings for our own properties.

5. Prices, term and payment

1. Searching is free for interested parties. The price shown at booking applies to listings. It includes the identity and ownership checks and a term of 90 days from approval.
2. Payment is made at booking through our payment service provider. We provide the invoice electronically.
3. If we finally reject a listing because ownership or authorisation cannot be proven, we refund the price less [set a handling fee or delete].
4. If the provider withdraws a listing early or marks it as sold, the remaining term is not refunded.

6. Right of withdrawal for consumers

[Insert cancellation policy and model withdrawal form for digital services]

7. Moderation and suspension (Art. 14 DSA)

1. We review listings before approval and afterwards when we receive notices, for example via “Report this listing”. Reviews are carried out by people; technical tools only assist in comparing documents.
2. If content violates applicable law or these terms, we may reject it, take it offline or restrict the account. We give the affected person reasons for every such decision.
3. Reporters receive a confirmation and our decision. Decisions can be contested by email to info@mietkaufnest.de; a person will review the case again.
4. In the event of manifestly unfounded reports or repeated violations, we may suspend users temporarily after a prior warning.

8. Enquiries and communication

We forward enquiries to the provider or to the agency they have authorised. The owner receives a copy. Passing on contact details for purposes other than the specific rent-to-own interest is prohibited.

9. Liability

1. We are liable without limitation for intent and gross negligence and for injury to life, body or health.
2. In the case of slight negligence, we are only liable for breach of essential contractual obligations, limited to the foreseeable, typical damage.
3. We are not liable for the accuracy of listings, the creditworthiness of the parties or the conclusion or performance of rent-to-own contracts. Our identity and ownership checks do not replace your own checks, in particular inspecting the land register and taking advice from a notary and a specialist lawyer.

10. Termination

Users can have their account deleted at any time. Running listings end without refund. Our right to terminate for good cause remains unaffected.

11. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as mandatory consumer protection provisions of their country of residence do not conflict. The place of jurisdiction for merchants is the operator's registered office. Should any provision be invalid, the rest remains valid.