§1 Transmission of information prohibition
All information, including the property records of the agent, is exclusively intended for the customer. It is forbidden to pass on the property records and property information to third parties without the explicit consent of the agent, which must be obtained in writing beforehand. If the customer violates this obligation and if the third party (or other persons to whom the third party has forwarded the information to) terminate the main contract, the customer is obliged to pay the agent the commission agreed with him plus value added tax.
§2 Agent’s commission
The agent’s commission is due at the time of conclusion of the contract.
§3 Double activity
The agent may act on behalf of both the seller and the buyer.
§4 Obligation to inform
Prior to the conclusion of the intended purchase contract, the client shall be obliged to inquire with the agent, stating the name and address of the intended contractual partner, about whether the addition of the intended contractual partner was caused by his activity. The client hereby authorises the agent to inspect the land register, official documents (in particular building documents) and all information and inspection rights vis-à-vis the property manager, as they are entitled to the client as condominium owners.
§5 Compensation and follow-up business
The client is also obliged to pay a fee in accordance with our agreed commission rates for a replacement transaction. This is necessary, for example if, in connection with the activity carried out by the agent, the principal is given another opportunity to conclude the main contract by his potential principal contractual partner and by the agent, or if the principal concludes the main contract with the legal successor of the potential principal contractual partner or acquires the property in question by way of the proven opportunity instead of renting, leasing or vice versa. In order to trigger the obligation to pay commission on replacement transactions, it is not necessary that the transaction subject to commission must be of equal economic value with the originally envisaged transaction in terms of the
conditions developed by the jurisdiction on the concept of economic identity.
§6 Reimbursement of expenses
The customer is obliged to reimburse the agent for the expenses incurred in fulfilling the order (e. g. advertisements, Internet presence, telephone costs, postage costs, site inspections and travel expenses) if a contract is not concluded.
§7 Owner’s information
The agent points out that the information provided by him is provided by the seller or a third party commissioned by the seller and has not been checked for correctness by the agent. It is the customer’s responsibility to check the correctness of this information. The agent, who only passes on this information, does not assume any liability for the correctness.
§8 Limitation of liability
The liability of the agent is limited to grossly negligent or intentional behaviour, as far as the customer does not suffer bodily harm or lose his life due to the behaviour of the agent.
§9 Statute of limitations
The statute of limitations for all claims for damages by the customer against the agent is 3 years. It shall commence at the time when the act which triggers the obligation to pay compensation has been committed. Should the statutory limitation regulations in individual cases lead to a shorter limitation period for the agent, these shall apply.
§10 Place of jurisdiction
If agents and customers are registered traders in the sense of the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction is the registered office of the agent.
§11 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 invalid, but another part is valid. The invalid provision shall be replaced between the parties by a provision which comes closest to the economic interests of the contracting parties and which does not otherwise conflict with the contractual agreements.