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TERMS AND CONDITIONS (GTC)
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§ 1 Prohibition on disclosure
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All information, including the real estate agent's proof of property, is expressly intended for the customer. It is expressly prohibited for him to pass on the property references and property information to third parties without the broker's express consent, 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 on the information conclude the main contract, the customer is obliged to pay the broker the commission agreed with him plus VAT.
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§ 2 Dual activity
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The broker can act for both the seller and the buyer.
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§ 3 Owner information
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The broker points out that the property information he passed on originates from the seller or from a third party commissioned by the seller and has not been checked for accuracy by him, the broker. It is up to the customer to check this information for accuracy. The broker, who only passes on this information, assumes no liability for the correctness.
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§ 4 Duty to provide information
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The client (owner) is obliged, before the conclusion of the intended purchase contract, to inquire with the broker, stating the name and address of the intended contractual partner, whether the supply of the intended contractual partner was caused by his activity. The client hereby grants the broker power of attorney to inspect the land register, official files, in particular construction files, as well as all information and inspection rights vis-Ã -vis the WEG administrator to which the client is entitled as the apartment owner.
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§ 5 Substitute and follow-up transactions
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The client is also obliged to pay a fee in accordance with our agreed commission rates in the case of a replacement transaction. Such is z. This is the case, for example, if the client, in connection with the activity developed by the broker, finds out another opportunity to conclude the main contract from his potential main contract partner proven by the broker or concludes the main contract with the legal successor of the potential main contract partner via the proven opportunity or purchases the proven object, instead of renting it, leasing it or vice versa. In order to trigger the commission obligation for replacement transactions, it is not necessary for the transaction subject to commission to be economically equivalent to the originally planned transaction in terms of the requirements developed by case law on the concept of economic identity.
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§ 6 Reimbursement of expenses
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The customer is obliged to reimburse the broker for the expenses incurred in fulfilling the order and to be proven (e.g. advertisements, website, telephone costs, postage costs, property inspections and travel costs) if a contract is not concluded.
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§ 7 Limitation of Liability
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The broker's liability is limited to grossly negligent or intentional conduct, provided the customer does not suffer physical injury or lose his life as a result of the broker's conduct.
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§ 8 Statute of limitations
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The limitation period for all claims for damages by the customer against the broker is 3 years. It begins at the point in time at which the action triggering the obligation to pay damages was committed. Should the statutory statute of limitations lead to a shorter statute of limitations for the broker in individual cases, these shall apply.
Section 9 Place of Jurisdiction
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If broker and 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 is the broker's registered office.
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§ 10 Severability Clause
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Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if part of a regulation is ineffective, but another part is effective. The invalid provision should be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise run counter to the contractual agreements.
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