General terms and conditions
§1 Prohibition of disclosure
All information, including the broker’s property records, is expressly intended for the client. It is expressly forbidden for the client to share the property references and property information with third parties without the express consent of the broker, which must be given in writing beforehand. If a customer breaches this obligation and the third party or other persons to whom the party has passed on the information conclude the main contract, the customer is obliged to pay the broker the commission agreed with him plus VAT.
§2 Dual activity
The broker may act both for the seller and for the buyer.
§3 Owner details
The broker points out that the property information provided by him comes from the seller or from a third party commissioned by the seller and has not been checked for correctness by the broker. It is the customer’s responsibility to check these details for correctness. The broker, who only passes this information on, does not assume any liability for the correctness.
§4 Duty to provide information
The client (owner) is obliged, before the conclusion of the intended purchase contract, under the name and address of the intended contracting party, to ask the broker whether the details of the intended contracting party have been obtained through his work. The client hereby grants the broker power of attorney to inspect the land register, official files, in particular building files, and all information and inspection rights vis-à-vis the W EG administrator to which the client is entitled as the owner of the condominium.
§5 Replacement and follow-up transactions
The client shall also be obliged to pay a fee in accordance with our agreed commission rates in the event of a replacement transaction. This is the case, for example, if the client, in connection with the broker’s activities, learns another opportunity to conclude the main contract from his potential main contractual partner proven by the broker, or concludes the main contract with the legal successor of the potential main contractual partner via the proven opportunity, or purchases the proven property instead of renting it, leasing it or vice versa. In order to trigger the obligation to pay commission in replacement transactions, it is not necessary for the transaction, subject to commission, to be economically equivalent to the transaction originally envisaged within the meaning of the conditions developed by case-law on the concept of economic identity.
§6 Reimbursement of expenses
The client is obliged to reimburse the broker for the proven expenses incurred in the fulfillment of the order (e.g. advertisements, Internet presence, telephone costs, postage costs, property inspections and travel costs) if a contract is not concluded.
§7 Limitation of liability
The liability of the broker is limited to grossly negligent or intentional conduct, as far as the client does not suffer bodily harm or loses his life through the conduct of the broker.
§8 Statute of limitations
The limitation period for all claims for damages of the client against the broker is 3 years. It begins with the time at which the action triggering the obligation to pay damages was committed. Should the statutory limitation regulations in individual cases lead to a shorter limitation period for the broker, these shall apply.
§9 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 one part of a provision is ineffective, but another part is effective. The invalid provision shall be replaced between the parties by a provision that comes as close as possible to the economic interests of the contracting parties and otherwise does not run contradictory to the contractual agreements.
Place of performance and jurisdiction
65195 Wiesbaden / Local Court Wiesbaden. Release January 2018