GENERAL TERMS AND CONDITIONS BETWEEN BROKER AND CONSUMER CLIENT
1 Disclosure prohibited
All information, including the agent’s property records, is expressly intended for the customer. It is strictly prohibited for the customer to disclose the property information and references to third parties without the prior written consent of the broker. If a customer violates this obligation and a third party or other individuals, to whom the third party has passed on the information, conclude the main contract, the customer is obligated to pay the broker the agreed commission plus value-added tax.
2 Dual Agency
The broker may act on behalf of both the seller and the buyer.
3 Owner information
All property information provided by the agent has been obtained from the seller or a third party appointed by the seller and has not been independently verified by the agent for accuracy. It is the client’s responsibility to independently verify and check the information for accuracy. The agent, who is solely transmitting this information, accepts no liability for its accuracy.
4 Duty to inform
Prior to the conclusion of the intended purchase contract, the client (owner) is obliged to contact the real estate agent, stating the name and address of the intended contracting party, in order to ascertain whether the introduction of the intended contracting party was caused by the real estate agent’s activities. The client hereby grants the agent the power of attorney to inspect the land register, the official files, in particular the building files, as well as all information and inspection rights vis-à-vis the COA administrator to which the client is entitled as a property owner.
5 Replacement and follow-up transactions
In the event of a replacement transaction, the client is obliged to pay a fee in accordance with the agreed commission rates. Such a replacement transaction exists, for example, if, in connection with the activities of the agent, the client learns of another opportunity to conclude the main contract with his potential principal identified by the agent, or concludes the main contract with the successor of the potential principal on the basis of the identified opportunity, or purchases the identified property instead of renting or leasing it, or vice versa. In order to trigger the commission obligation in the case of replacement transactions, it is not necessary that the transaction subject to the commission is economically equivalent to the originally intended transaction within the meaning of the requirements developed by the case law on the concept of economic identity.
6 Reimbursement of expenses
The client is obliged to reimburse the agent for any expenses incurred in the performance of the contract (e.g. advertisements, internet presence, telephone costs, postage, property inspections and travel expenses) if a contract is not concluded.
7 Limited liability
The agent’s liability shall be limited to gross negligence or wilful misconduct unless the client suffers death or bodily injury as a result of the agent’s conduct.
8 Statute of limitations
The limitation period for all claims for damages by the client against the agent is 3 years. This period shall commence on the date on which the act giving rise to the obligation to pay damages was committed. If, in an individual case, the statutory limitation provisions result in a shorter limitation period for the agent, this shall apply.
If the agent and the client are registered traders within the meaning of the German Commercial Code (Handelsgesetzbuch), the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the registered office of the agent.
10 Severability clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if part of a provision is invalid but another part is valid. The invalid provision shall be replaced by a provision between the parties that comes closest to the economic interests of the parties and does not otherwise contradict the contractual agreements.