Terms and Conditions
- Our offers are non-binding and subject to change as well as to a commission / brokerís fee of the amount indicated, otherwise, 6 % of the quoted purchase price, 2 monthsí rent excluding operating expenses and heating for residential property, to 3 monthsí rent excluding operating expenses and heating for commercial property or to 3 monthly installments of the annual rent plus the statutory VAT at the time of closing the lease. The commission / brokerís fee becomes payable and due at the time of the conclusion of the notarized agreement or the time of the conclusion of the tenancy/lease agreement.br />
- Should property brokered and/or offered by us that has been rented or leased prior, thus be subsequently purchased, a brokerís fee minus any other fees that have already been paid becomes due.
- Our entitlement to commission (brokerís fee) arises immediately when an agreement comes into effect as a result of or due to our offer and/or brokerage activities. The entitlement to commission arises as well even if the agreement is concluded at conditions differing from those of the original offer - for example, in the case of hereditary leasehold rather than purchase, lease rather than purchase, purchase rather than lease or acquisition by means of a foreclosure sale. Furthermore, entitlement to commission also arises if amendments or addendums to the agreement are made which are in direct relation to the first agreement pertaining to time frame or costs.
- The entitlement to commission remains even if the agreement that has come into effect expires upon condition subsequent to the agreement. The same applies if the agreement is dissolved as a result of the clientís reservation of the right to terminate the agreement, is reversed, or is not fulfilled due to other personal reasons. Should the agreement be challenged successfully, the client will be obligated to pay compensation if the grounds for challenge were caused by him.
- Later offers of the same property made by third parties do not affect the prevalence of any offers made by our firm, if made prior.
- If the recipient is already aware of an opportunity to conclude an agreement for property that is also offered by us, he is obligated to inform us of this immediately and to provide evidence upon request. If this does not occur, our offer will take precedence for the conclusion of a purchase or lease agreement unless proven otherwise.
- The interested party is obligated to mention our name in negotiations as the real estate agent / broker, to consult with us concerning the conclusion of such agreements and to provide us with copies of finalized agreements as well.
- Our offers and any other information provided by our firm are intended solely for the recipient and must be handled confidentially. Any unauthorized transfer to a third party, including holders of powers of attorneys from or clients of the interested party, will result in an obligation to pay the commission / brokerís fee in full should the third party to whom the information was provided finalize the main agreement.
- This real estate agent / brokerage agreement may be terminated at any time without notice. Termination must be in writing. The client is obligated to terminate the agreement immediately if he no longer intends to purchase or rent property.
- The agent is permitted to work for the other party as well.
- To become valid, oral amendments to the agreement require written approval by the agent.
- The information contained in our offers is based on the information provided to us. We will make every effort to acquire information about the properties and the contract partners that is as complete and accurate as possible; however, we are unable to assume liability for the correctness and completeness of this information. Our offers are subject to change and properties are subject to prior sale.
- The place of performance and jurisdiction is Berlin.
- Severability clause: if any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly affects the partiesí original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provisions of this Agreement will remain in full force and effect.
- The German version of this agreement is legally binding.