GENERAL TERMS AND CONDITIONS (GTC)
brokerage agreement
By entering into negotiations, inquiries and inspections, an order is placed subject to acceptance of the following terms and conditions.
Brokerage commission
If a purchase agreement is concluded as a result of our work, we are entitled to payment from the buyer and seller of 3 % commission plus statutory VAT on the total purchase price, unless otherwise agreed in writing. For commercial leases, the commission to be paid by the tenant and landlord is three times the monthly rent plus statutory VAT, unless otherwise agreed in writing. For private leases, this is limited to twice the amount.
The brokerage commission is earned as soon as the desired contract, or an economically equivalent contract, has been concluded through our mediation or based on our evidence. The brokerage commission is due upon notarization of the purchase agreement or upon signing of the rental agreement. Other due dates apply only if agreed upon in writing.
Notarial certification or conclusion of rental agreement
The broker is entitled to participate in the conclusion of the rental/purchase agreement and to receive a copy of the rental/purchase agreement. In the case of notarized purchase agreements, the broker has the right to include his or her commission claim in the purchase agreement in the form of a brokerage clause.
equivalence
The conclusion of the purchase agreement corresponds to the acquisition of the property by way of a foreclosure auction, the transfer of real or immaterial shares, as well as the acquisition of another, comparable property from the seller.
Dual activity
The broker is entitled to act for the other party to the contract on a commission basis – both as proof and as an intermediary broker.
damages
All offers in the form of quotes or exposés are strictly confidential and intended solely for the interested party. If a third party gains knowledge of the offers through the fault of the interested party and a contract is concluded as a result, the interested party undertakes to pay the full commission agreed upon under 2. as compensation.
Liability
The information and documents regarding the property are based on information provided by third parties. Therefore, no liability can be assumed for its accuracy or completeness. The assignment of claims for damages by clients or interested parties is excluded.
Final provisions
The place of performance and jurisdiction is, to the extent permissible, our registered office.