General Terms and Conditions
GTC
§1 Prohibition of disclosure
All information, including the estate agent's property documentation, is intended exclusively for the client. The client is expressly prohibited from passing on the property documentation and property information to third parties without the express consent of the estate agent, which must be obtained in writing in advance.
If the customer breaches this obligation and the third party or other persons to whom the third party has passed on the information conclude the main contract, the customer is obliged to pay the broker the commission agreed with him plus VAT.
§2 Brokerage commission
§3 Dual activity
§4 Duty to provide information
Before concluding the intended purchase contract, the client is obliged to enquire with the broker, stating the name and address of the intended contractual partner, whether the introduction of the intended contractual partner was prompted by the broker's activities.
The client hereby authorises the broker to inspect the land register, official files, in particular building files, as well as all information and inspection rights vis-à-vis the condominium administrator to which the client is entitled as a condominium owner.
§5 Replacement and follow-up transactions
The client is also obliged to pay remuneration in accordance with our agreed commission rates in the event of a substitute transaction. This is the case, for example, if the client learns of another opportunity to conclude the main contract from the potential main contract partner identified by the broker in connection with the activity performed by the broker or concludes the main contract with the legal successor of the potential main contract partner via the identified opportunity or purchases the identified property instead of renting or leasing it or vice versa.
In order to trigger the obligation to pay commission for substitute transactions, it is not necessary for the transaction subject to commission to be economically equivalent to the originally intended transaction in the sense of the requirements developed by case law on the concept of economic identity.
§6 Reimbursement of expenses
The customer is obliged to reimburse the estate agent for verifiable expenses incurred in the fulfilment of the order (e.g. advertisements, internet presence, telephone costs, postage, property viewings and travel costs) if a contract is not concluded.
§7 Owner information
The estate agent points out that the property information passed on by him originates from the seller or from a third party commissioned by the seller and has not been checked for accuracy by him, the estate agent. It is the client's responsibility to check the accuracy of this information. The estate agent, who merely passes on this information, accepts no liability for its accuracy.
§8 Limitation of liability
§9 Statute of limitations
The limitation period for all claims for damages by the customer against the broker is 3 years. It shall commence at the time at which the act giving rise to the obligation to pay damages was committed. Should the statutory limitation regulations lead to a shorter limitation period for the broker in individual cases, these shall apply.
