Terms and Conditions
General Terms and Conditions (GTC)
§1 Prohibition of Disclosure
All information provided by the broker, including property referrals, is intended exclusively for the respective client. Without the broker's prior written consent, it is strictly prohibited to pass on these property referrals and any other information to third parties. Should the client breach this obligation and, as a result, a third party or a person informed by such third party concludes the main contract, thereby bringing about the conclusion of the contract, the client is obliged to pay the agreed commission plus value-added tax to the broker.
§2 Dual Agency
The broker is entitled to act on behalf of both the seller and the buyer.
§3 Owner's Information
All property information provided by the broker originates from the seller or from a third party commissioned by the seller and is not verified by the broker for its accuracy. It is incumbent upon the client to verify this information. The broker therefore accepts no liability for its accuracy.
§4 Broker's Commission
The claim to commission arises as soon as a main contract is concluded as a result of the broker's referral or intermediary activity. This also applies if the contract is concluded on terms that deviate from the original offer. The broker's commission is due immediately upon notarization of the main contract.
§5 Limitation of Liability
The broker's liability is limited to grossly negligent or intentional conduct, provided that no harm to life and limb is caused thereby.
§6 Prior Knowledge
If the client is already aware of the opportunity to conclude a contract referred by the broker, the client must inform the broker of this without delay and prove it upon request. If this is not done, the broker's referral shall be deemed the cause of the conclusion of the contract until proof to the contrary is provided.
§7 Written Form
Verbal agreements or amendments to a contract require written confirmation by the broker in order to be effective.
§8 Limitation Period
The limitation period for all claims for damages by the client against the broker is three years and begins at the moment the damage-causing act occurred. Insofar as the statutory provisions lead to a shorter limitation period in an individual case, these shall take precedence.
§9 Place of Jurisdiction
If both the broker and the client are merchants within the meaning of the German Commercial Code (Handelsgesetzbuch), the broker's place of business shall be deemed the place of performance and place of jurisdiction for all obligations and claims arising from the contractual relationship.
§10 Severability Clause
Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected thereby. This also applies if part of a provision is invalid and another part remains in effect. The invalid provision shall be replaced by one that most closely corresponds to the economic interest of the contracting parties without contradicting the remaining agreements.