GENERAL TERMS AND CONDITIONS
Our commission is 7.14 % (including sales tax) of the purchase price, to be paid directly after the signing of the purchase contract, by the buyer, unless otherwise negotiated. In granting a right of first refusal, a purchase right, leasehold, rental or lease the customary commission rates are agreed to. By accepting our offers the recipient agrees to a brokerage contract with us. Offers and information are intended only for the recipient. On disclosure to third parties, the recipient is responsible for our commission. We are not liable for the transmitted information obtained from the owner. A duty to audit the information is excluded. Our offers are binding and subject to change – subject to prior utilization. Side agreements or special arrangements are valid only after written confirmation.
§ 1 Prohibition on disclosure
All information including property proofs of the estate agent are exclusively intended for the customer. It is expressly forbidden for the customer to pass on the property proofs and property information to third parties without the express consent of the estate agent, which must be given in writing previously. If the customer violates this obligation and concludes a contract of sale with a third party or others to whom the third party has disclosed the information, the customer is obliged to pay the estate agent the commission amount agreed with him plus VAT.
§ 2 Dual agency
The estate agent is authorised to operate for both the seller and the purchaser.
§ 3 Ownership details
The estate agent points out that the information about the property provided to him originates from the seller or an authorised representative of the seller and has not been reviewed by him, the estate agent, for accuracy. It is the customer's responsibility to check this information for accuracy. The estate agent only passes on this information and assumes no liability for accuracy.
§ 4 Limitation of liability
The liability of the estate agent is limited to gross negligence or intentional behaviour, as far as the customer suffers no bodily harm through the behaviour of the estate agent or does not die.
§ 5 Limitation period
The limitation period for all damage claims by the customer against the estate agent is 3 years. It begins with the date on which the action triggering the liability for damages has been committed. If statutory limitation rules lead to a shorter limitation period for the estate agent in individual cases, then these shorter periods apply.
§ 6 Jurisdiction
If estate agent and customer are registered traders within the meaning of the code of commercial law, then place of fulfilment for all arising obligations and claims from the contractual relationship and jurisdiction shall be the registered office of the estate agent.
§ 7 Severability clause
Should one or more of the above provisions be invalid, then the validity of the remaining provision shall not be affected thereby. This also applies if within a provision one part is ineffective, whilst another one is effective. The respective ineffective provision is to be replaced between the parties by a regulation that corresponds to economic interests.