Terms and Conditions

 

GENERAL TERMS AND CONDITIONS (as of May 31, 2023)

1 PROHIBITION OF DISCLOSURE

All information, including the broker's property details, is expressly intended for the customer. The customer is expressly prohibited from disclosing the property details and property information to third parties without the broker's express consent, which must be given in writing in advance. If a customer violates this obligation and the third party or other persons to whom the third party has passed on the information conclude the main contract, the customer is obliged to pay the broker the commission agreed with him plus value added tax.

2 DOUBLE ACTIVITY

The broker may act on behalf of both the seller and the buyer.

3 OWNER INFORMATION

The broker points out that the property information provided by him originates from the seller or a third party commissioned by the seller and has not been checked for accuracy by him, the broker. It is the responsibility of the customer to verify the accuracy of this information. The broker, who only passes on this information, accepts no liability for its accuracy.

4 DUTY TO PROVIDE INFORMATION

The client (owner) is obliged to check with the broker before concluding the intended purchase agreement, stating the name and address of the intended contractual partner, whether the introduction of the intended contractual partner was initiated by the broker's activities. The client hereby grants the broker power of attorney to inspect the land register, official files, in particular building files, and all rights to information and inspection vis-a-vis the WEG administrator, as to which the client is entitled as the owner of the apartment.

5 REPLACEMENT AND FOLLOW-UP TRANSACTIONS

The client shall also be obliged to pay a fee in accordance with our agreed commission rates in the event of a replacement transaction. Such a transaction exists, for example, if, in connection with the activities carried out by the broker, the client learns of another opportunity to conclude the main contract from his potential main contractual partner, who has been identified by the broker, or concludes the main contract with the legal successor of the potential main contractual partner via the identified opportunity, or purchases the identified property instead of renting or leasing it, or vice versa. In order to trigger the commission obligation in the case of substitute transactions, it is not necessary for the transaction subject to commission to be economically equivalent to the originally intended transaction within the meaning of the requirements developed by case law on the concept of economic identity.

6 LIMITATION OF LIABILITY

The broker's liability shall be limited to gross negligence or intentional conduct, provided that the customer does not suffer physical injury or lose his life as a result of the broker's conduct.

7 STATUTE OF LIMITATIONS

The statute of limitations for all claims for damages by the customer against the broker is 3 years. It begins at the time when the act triggering the obligation to pay damages was committed. If the statutory limitation provisions in individual cases lead to a shorter limitation period for the broker, these shall apply.

8 PLACE OF JURISDICTION

If the broker and the customer are registered traders within the meaning of the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the registered office of the broker.

9 SEVERABILITY CLAUSE

Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if part of a provision is invalid but another part is valid. The invalid provision shall be replaced by a provision between the parties that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.