Buyer and seller shall pay a commission of 6.96 % of the purchase price (unless otherwise stated in the exposé) including the currently applicable 16 % VAT to the broker, which they shall share equally. This applies to the proof/brokerage of the purchase object or a contract for work and services in connection with a property purchase and/or a share deal. In the case of residential properties, the landlord pays the commission plus the VAT applicable at the time of invoicing. In the case of commercial leases, the tenant shall pay 2 months’ rent plus the value added tax applicable at the time of invoicing as commission. The commission is payable and due upon conclusion of the notarised contract or upon conclusion of the rental or lease agreement.
2 Prohibition against Disclosure and Prior Knowledge
All information including object references of the realtor are solely intended for the recipient. He/she is expressly prohibited in disclosing object references and object information without the express consent of the agent, which must be given in writing previously, to third parties, also powers of attorney or clients of the receiver. If the recipient violates this obligation and if the third person or other persons to whom the third party has for his/her part passed on the information makes a contract, the recipient is obliged to pay the agent the agreed fee in full. If there is prior knowledge of the object, the realtor should be notified within three days to
take action. A missed notification rules out prior knowledge.
3. Dual Agency
The agent may act for both the seller / landlord and for the buyer / tenant.
4. Object Data
The agent points out that the information about the object passed on by him are from the seller / landlord or from an authorized third party of the seller / landlord and have not been reviewed by him, the agent, for accuracy. We strive to procure information as complete and accurate as possible about objects and contract partners. It is the customer’s responsibility to check this information for accuracy. The agent only passes on this information and assumes no liability for accuracy. Our notifications are non-binding; subject to prior sale and interim leasing.
5. Limitation of Liability
The liability of the agent is limited to gross negligence or intentional behaviour, as far as the customer suffers no bodily harm through the behaviour of the agent or does not die.
6. Statute of Limitation
The limitation period for all damage claims by the customer against the agent is 2 years. It begins with the date on which the action triggered has been committed for exemplary damage. If the statutory limitation rules lead to a shorter limitation period for the agent in individual cases, then these apply.
7. Place of Jurisdiction
If agent and customer are registered traders within the meaning of the code of commercial law, then place of fulfillment for all arising obligations and claims from the contractual relationship and jurisdiction shall be the registered office of the broker.
8. Compensation for Notice of Cancellation
If the customer uses the right of cancellation, then the mutually received services are to be returned and any benefits (address data, contact information) surrendered. If the received benefits (e.g. benefits of use) cannot or can only be returned in part or only in deteriorated condition, a compensation must be made. This compensation corresponds to the amount of the written out commission rate of the respective sales particulars, provided the object was acquired through us. This can also lead to the fact that the contractual payment obligations must be met for the period up to the revocation. Obligations with respect to the reimbursement of payments must be fulfilled within 30 days.
9. Severability Clause
Should one or more of the above provisions be invalid, then the validity of the remaining provision shall not hereof be affected. This also applies if within a provision one part is ineffective, whilst another is. The respective inoperative provision shall be replaced between the parties by a regulation that comes as close to the economic interests of the parties as intended, and incidentally not run contrary to the contractual agreements.