General Terms and conditions
GENERAL TERMS AND CONDITIONS OF FA. SEPTIMA IMMOBILIENORG. E. K.
1. preliminary remarks
The above-mentioned company (hereinafter referred to as the "broker") acts as an entrepreneur within the meaning of § 14 of the German Civil Code (hereinafter referred to as the "BGB") in its capacity as a real estate broker within the meaning of §§ 652 ff. BGB against payment (commission). The company assures that it has the legally required prerequisites for running a real estate agency. These GTC are the subject of a verbal or written brokerage contract.
2. scope of application
The following General Terms and Conditions apply to all contracts and legal transactions between the broker and the customer. The customer in the sense of this contract can be the seller of a property as well as the buyer and also the landlord as well as the tenant, who is called the flat seeker under consideration of the provisions of the "Bestellerprinzip". Where reference is made to a principal contract, this shall mean a contract of sale, tenancy or lease. Insofar as individual contractual provisions exist which deviate from or contradict the provisions of this agreement, the individual contractual provisions shall take precedence.
3. Conclusion of the brokerage contract
The written form is not required for the brokerage contract to come into effect. The brokerage contract can also come into effect with legal effect if the broker offers a purchase object (e.g. Internet, newspaper, notice board), is thereby recognisable as a broker, quantifies his commission claim in the event of success and an interested party contacts him to request services from him (e.g. exposé). In this case the brokerage contract is concluded verbally and implied. In the case of a rental property, if a claim to commission is to arise against the person seeking accommodation, a search request from the person seeking accommodation is required in text form for the conclusion of a brokerage contract. The implied conclusion of a brokerage contract between a flat seeker and a broker is not possible. The brokerage contract between a landlord and a broker comes into effect when the landlord places the order and the broker accepts it. Should a written brokerage contract have been concluded or should individual agreements have been made, the agreements stated therein shall take precedence over these GTC. 4.