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.
4. Mutual obligation
The parties shall endeavour, to the best of their knowledge and belief, to assist the other party in the performance of its obligations by providing information, advice or experience in order to enable both parties to work smoothly and efficiently.
5. Power of attorney of the seller
The vendor grants the estate agent power of attorney to inspect the land register and all official files and to exercise rights vis-à-vis the condominium administrator to which he is entitled as a condominium owner.
6. prior knowledge
The client acknowledges the broker's offer as causal for the conclusion of the main contract. If the offered object is already known, the customer is obliged to object immediately, at the latest within three working days, stating the source. A letter, e-mail or fax letter to the broker shall suffice for this purpose. If the client does not object, he shall thereafter be precluded from invoking prior knowledge. In the event that a main contract is concluded, the client shall be obliged to pay the respective brokerage commission plus VAT.
7. prohibition to pass on information
All information which the customer receives from the broker is intended solely and exclusively for him. He is therefore expressly prohibited from passing on any information to third parties without the written consent of the broker. If the customer violates this obligation and a third party to whom he has passed on the information concludes a principal contract with the broker's client, the customer shall be obliged to pay damages to the broker in the amount of the agreed commission plus value added tax. 8.
8. dual activity of the broker
In the case of a purchase contract to be brokered, the broker may act for both the seller and the buyer on a commission basis. In the case of a tenancy agreement to be brokered, the broker may only act on behalf of either the landlord or the tenant on a commission basis.
9. Replacement business, follow-up business
If, instead of the originally intended transaction, another main contract for another property is concluded between the broker's client and the broker's customer, or if the property is knocked down by way of compulsory auction, the customer shall nevertheless be obliged to pay the broker the commission. The same shall apply if, in the course of contact with the broker's client and the broker's client, further properties of the client become known within 12 months and the broker's client acquires, rents or leases one or more of these properties. If a commission has been agreed with the client, the latter shall in this case also be obliged to pay the commission to the broker. Furthermore, this provision shall apply if a rental or lease agreement is concluded instead of a purchase agreement or vice versa.
10. broker's commission
The commission rate stated in the advertisement or exposé shall apply. Our commission rates are stated in the respective offer. The claim to commission arises as soon as a purchase, rental or lease agreement is concluded on the basis of the broker's evidence or brokerage. The broker's commission is due upon conclusion of the main contract (purchase, rental or lease contract). 11.
11. Reimbursement of proven expenses
Should the desired conclusion of the contract not come about, the customer shall be obliged to reimburse the broker for the proven expenses incurred in the fulfilment of the order placed (e.g. insertion costs, telephone costs, travel costs, etc.). However, the reimbursement may not exceed 25% of the expected commission. This does not apply in the case of an order from a flat seeker. In this case, the lump-sum reimbursement of expenses is limited to € 25.
12. flat-rate reimbursement of expenses
The estate agent is entitled to a lump-sum reimbursement of expenses in the amount of 10% of the intended total commission plus VAT if the client continues to violate the contract so seriously despite a previous cease-and-desist demand that the estate agent can objectively no longer be expected to cooperate. This does not apply in the case of an order from a person seeking a flat. In this case, the lump-sum reimbursement of expenses is limited to € 25.
13. contractual penalty in case of non-conclusion of the main contract
If the estate agent demonstrably mediates an interested party who is ready to enter into a contract and if the client does not conclude a main contract with this party, the client shall pay the estate agent a lump sum of 10% of the agreed commission. This shall not apply in the case of an order placed by a person seeking a flat.
14. entitlement to commission in the event of subsequent cancellation of the main contract
The broker's entitlement to commission shall not be forfeited if the proven or brokered main contract is subsequently cancelled or rescinded or cancelled by mutual agreement.
15. Enquiry clause
Prior to the conclusion of a principal contract, the principal undertakes to inform the broker of the name and address of the intended contracting party. This is intended to give the broker the opportunity to check whether the main contract has come into being as a result of the broker's verification or mediation activities. Furthermore, the seller grants the broker power of attorney to inspect the land register for a period of 12 months even after conclusion of the main contract.
16. Liability, limitation of liability
The broker has not checked the information passed on to the client for completeness and correctness. He has passed on the information which he has received from the seller or landlord/lessor or a commissioned third party. It is therefore the client's responsibility to check the information. The broker assumes no liability for the correctness of the information. The broker's liability is limited to grossly negligent or wilful conduct.
17. Limitation
Claims of the client against the broker become statute-barred after three years. Should the statutory limitation period be shorter in individual cases, this shall apply.
18. subsidiary agreements, additional agreements
Either of the contracting parties may request changes to the agreed scope of services from the other contracting party in writing. Upon receipt of a request for a change, the recipient shall examine whether and on what terms the change is feasible and shall immediately notify the applicant in writing of the approval or rejection and, if necessary, give reasons.
19. Severability clause
Should one or more provisions of these GTC or of the brokerage contract be void or ineffective, the validity of the remaining provisions shall not be affected thereby. This shall also apply if within a provision one part is void or ineffective, while another part is valid or effective. The respective void or ineffective provision shall be replaced by a provision which comes closest to the originally intended and economic interests of the contracting parties without running counter to the other agreements.
20. Jurisdiction
If the client is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction shall be the broker's registered office. Otherwise, the statutory provisions of the Federal Republic of Germany shall apply.
