The following terms and conditions apply to all concluded between the Real Estate Office “Marcel Remus®” (hereinafter referred to as brokers) and all clients (hereinafter referred to as customer) broker contracts whether sales / purchase orders or leasing orders. If clauses apply only to entrepreneurs within the meaning of § 14 BGB or merchants, this is made clear in the respective clause.
2. Brokerage contract / sole contract / term / third party involvement
The customer undertakes not to hire or entrust third parties with the mediation for the duration of the brokerage agreement. Unless otherwise agreed, the fixed term of the exclusive contract is 12 months. The broker is entitled to engage further brokers when processing the order. In the case of a normal brokerage contract, the client is permitted to hire further brokers to market his property.
3. Double action
The broker may act both for the seller or landlord as well as for the buyer or tenant; excluding legal exclusions.
4. Claim creation / due date
The commission claim arises for the proof of the opportunity for the conclusion or the mediation of a renting, purchase, lease, company share or hereditary building contract as well as economically equivalent contracts (in the following each also called main contract) concerning the real estate. The fee is due upon conclusion of the contract.
5. Compensation amount
The fee is – unless otherwise agreed – depending on the location of the property and the local brokerage commissions. Entrepreneurs are excluded from offsetting commission claims, except those legally established or recognized by the broker in writing. The same applies to the assertion of a right of retention by entrepreneurs.
6. Obligations of the customer
The customer gives the broker power of attorney to inspect the land register, construction files and all other official files and transfers to him his information and access rights to a WEG administrator.
The commissioning owner is prohibited from actively offering the object on the Internet and / or newspaper advertisements during the term of the brokerage contract; however, he may always conclude the main contract if he finds a contractor without the agent’s intervention.
All information, including the proof of object, which the customer receives from the broker, are exclusively for own use. Without the express written consent of the broker, the customer is prohibited from passing on such information and evidence to third parties.
If the customer has already been aware of the contractual matter proven to him, he must notify the broker immediately in writing and prove this. The customer is further obliged to state whether or when and with whom the intended contract came about and what purchase price, rental or lease interest has been earned. The contract must be submitted immediately after the conclusion of the contract. The broker is for this purpose entitled to obtain the necessary information from land registry offices, notaries and other parties.
7. Claim for reimbursement of the agent
If the customer no longer wishes to conclude the main contract during the term of the standalone contract or prevents it from occurring or makes it unlawful, the customer undertakes to compensate the broker for the actual proven expenses of the broker.
The liability of the broker is limited to grossly negligent or intentional behavior. Excluded from this is the liability for damages resulting from injury to life, limb or health, which are based on a negligent breach of duty by the broker or a legal representative or vicarious agent and the breach of an essential contractual obligation. Essential contractual duties are those obligations the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely. The property information provided by the broker is based on information provided by the seller or a third party commissioned by the seller and is not checked for accuracy by the broker. The broker assumes no responsibility for the accuracy of the object information.
9. Additional agreements
Changes, supplements and additional agreements are only valid if they are made in writing.
10. Place of performance and jurisdiction
If the broker and customer are full traders, the place of fulfillment for all obligations and claims arising from the contractual relationship and at the same time the place of jurisdiction is the registered office of the broker.
11. Severability clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The same applies in case of ineffectiveness of the part of a regulation. The respective ineffective provision shall be replaced by a provision which comes closest to the economic interests of the contracting parties and which does not conflict with the contractual agreements.