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§ 1 Form and condition of the contract
An order does not require a specific form. It is also due to the fact that our activity is taken up.
Acceptance of our broker services or our quotations as well as the evaluation of the evidence provided by us is sufficient for the condition of a brokerage agreement to these terms and conditions.
§ 2 Prohibition of passing on
All information including the proof of the property of the broker is expressly intended for the customer. This is expressly forbidden to pass on to the third parties the object references and the object information without the express consent of the broker, which must be given in writing beforehand.
If a customer violates this obligation and the third party or other persons to whom the third party has passed the information, the customer is obligated to pay to the broker the commission agreed with him plus value added tax.
§ 3 Double action
The broker may act both for the buyer and for the seller.
§ 4 Ownership
The broker points out that the object information passed by him / her originates from the seller or from a third party commissioned by the seller and by him, the broker, to their correctness were not checked.
It is the responsibility of the customer to verify the correctness of this information. The broker, who only distributes this information, assumes no liability for the correctness.
§ 5 Information obligation
The client (owner) is obliged to inquire with the broker about the name and address of the intended contract partner before the conclusion of the intended purchase contract, whether the supply of the intended contract partner has been caused by his activity. The client hereby grants the estate agent authority to inspect the land register, administrative files, in particular building files, as well as all information and inspection rights against the WEG administrator as they are entitled to the client as the owner of the property.
§ 6 Replacement and follow-up transactions
An obligation of the client to pay according to our agreed commission rates also exists for a replacement business. This is the case, for example, when the principal, in connection with the activity developed by the broker, receives a different opportunity for the main contract conclusion from his potential principal contracted by the broker or concludes the main contract with the legal successor of the potential principal contractor To purchase a property, rather than rent it, lease or reverse it. In order to trigger the commission obligation in the case of substitute transactions, it is not necessary,
Section 7 Provisions
The commission rate stated in the exposé applies. In general, this is:
For residential leases: 3.57 monthly rent incl. VAT, in the case of fixed leasing contracts, the monthly rent is calculated as a monthly rent based on the total rental period.
For commercial properties: With a maturity of less than 5 years the commission is 2 months rent including additional costs plus 19% VAT (= 3.57 monthly rent)
With a term of more than 5 years or unlimited the commission is 4 from monthly rent including additional costs plus 19% VAT (= 4.76 monthly rent)
If a renewal option is agreed, the commission will be increased by a further monthly rent including additional costs plus VAT (= 1.19 monthly rent)
For purchase objects: 5.95% of the notarial sales price including VAT
When placing and transferring hereditary building rights: 5.95% incl. The calculation basis is the value of the heritable building right. This value is calculated as the interest rate due during the term of the leasehold lease agreement, using a discount rate equal to the respective base rate of the ECB.
Should a different remuneration be agreed in a written brokerage agreement, this shall be deemed agreed.
The commission claim arises as soon as a lease or leasing contract is concluded due to the proof or the brokerage of the broker. The brokerage commission is due with the conclusion of the main contract (purchase, rental or leasing contract)
§ 8 Expenditure reimbursement
The customer is obligated to reimburse to the broker the expenses incurred in the fulfillment of the order (eg insertion, internet appearance, telephone costs, port costs, property inspections and travel expenses) if a contract is not concluded.
§ 9 Limitation of Liability
The liability of the broker is limited to gross negligence or intentional conduct insofar as the customer does not suffer any corporeal damage or lose his life due to the behavior of the broker.
§ 10 Limitation of time
The limitation period for all claims for damages against the agent is 3 years. It begins with the date on which the act causing the liability for damages was committed. Should the statutory limitation rules in the individual case lead to a shorter limitation period for the broker, these apply.
§ 11 Jurisdiction
If the broker and the customer are full-time merchants within the meaning of the German Commercial Code, the place of fulfillment for all obligations and claims arising from the contractual relationship and the place of jurisdiction of the broker is agreed upon.
§ 12 Severability clause
Should one or more of the above provisions be invalid, the effectiveness of the remaining provisions shall not be affected. This also applies if a part is ineffective within one regulation, but another part is effective. The invalid provision shall be replaced by a provision which is closest to the economic interests of the contracting parties and which is not contrary to the contractual agreements.
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We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
