1. General
The following terms and conditions apply to all contracts concluded between the Real Estate Office “Luis Ferdinand – Real Estate” (hereinafter referred to as the “broker”) and all clients (hereinafter referred to as the “clients”), whether sales/purchase orders or rental orders. If clauses apply only to entrepreneurs within the meaning of § 14 BGB or merchants, this is clarified in the respective clause.
2. Brokerage Contract / Exclusive Contract / Term / Involvement of Third Parties
The client undertakes not to appoint or entrust third parties with mediation during the term of the brokerage agreement unless otherwise agreed. The fixed term of the exclusive contract is 12 months. The broker is entitled to appoint other brokers when processing the order. In the case of a normal brokerage contract, the client may appoint additional brokers to market their property.
3. Dual Representation
The broker may act for both the seller or landlord as well as for the buyer or tenant, excluding legal prohibitions.
4. Creation of Claim / Due Date
The commission claim arises as proof of the opportunity to conclude or mediate a lease, purchase, tenancy, company participation or hereditary building rights contract, as well as economically equivalent contracts (hereinafter each also referred to as the principal contract) relating to real estate. The fee becomes due upon conclusion of the contract.
5. Amount of Compensation
Unless otherwise agreed, the fee depends on the location of the property and the local brokerage commissions. Entrepreneurs are excluded from compensatory commission claims, except those legally established or recognized in writing by the broker. The same applies to the assertion of a right of retention by entrepreneurs.
6. Obligations of the Client
The client grants the broker power of attorney to inspect the land register, building files and all other official files and transfers their information and access rights to a WEG administrator. The commissioning owner is prohibited from actively offering the property on the Internet and/or in newspaper advertisements during the term of the brokerage contract; however, they may always conclude the principal contract if they find a contracting party without the broker’s involvement. All information, including proof of property, received by the client from the broker is exclusively for personal use. Without the broker’s express written consent, the client is prohibited from passing such information and evidence to third parties. If the client was already aware of the contractual matter presented, they must notify the broker immediately in writing and prove it. Furthermore, the client is obliged to indicate whether, when and with whom the intended contract was concluded and what purchase price, rent or lease interest was agreed. The contract must be presented immediately after conclusion. The broker is entitled to obtain the necessary information from land registry offices, notaries and other parties.
7. Reimbursement Claim of the Broker
If the client no longer wishes to conclude the principal contract during the term of the independent contract or prevents it from occurring or makes it unlawful, the client undertakes to compensate the broker for the broker’s proven actual expenses.
8. Disclaimer of Liability
The broker’s liability is limited to grossly negligent or intentional conduct. Excluded from this limitation is liability for damages resulting from injury to life, body or health based on negligent breach of duty by the broker or a legal representative or vicarious agent, as well as breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose fulfillment the client may regularly rely. Property information provided by the broker is based on information supplied by the seller or by a third party commissioned by the seller, and the broker does not verify its accuracy. The broker assumes no liability for the correctness of the property information.
9. Additional Agreements
Changes, supplements and additional agreements are only valid if made in writing.
10. Place of Performance and Jurisdiction
If both broker and client are full merchants, the place of performance for all obligations and claims arising from the contractual relationship, and at the same time the place of jurisdiction, shall be the registered office of the broker.
11. Severability Clause
If one or more of the above provisions are invalid, this shall not affect the validity of the remaining provisions. The same applies in the event of invalidity of part of a provision. The respective ineffective provision shall be replaced by a provision that comes closest to the economic interests of the contracting parties and does not conflict with the contractual agreements.
The following terms and conditions apply to all contracts concluded between the Real Estate Office “Luis Ferdinand – Real Estate” (hereinafter referred to as the “broker”) and all clients (hereinafter referred to as the “clients”), whether sales/purchase orders or rental orders. If clauses apply only to entrepreneurs within the meaning of § 14 BGB or merchants, this is clarified in the respective clause.
2. Brokerage Contract / Exclusive Contract / Term / Involvement of Third Parties
The client undertakes not to appoint or entrust third parties with mediation during the term of the brokerage agreement unless otherwise agreed. The fixed term of the exclusive contract is 12 months. The broker is entitled to appoint other brokers when processing the order. In the case of a normal brokerage contract, the client may appoint additional brokers to market their property.
3. Dual Representation
The broker may act for both the seller or landlord as well as for the buyer or tenant, excluding legal prohibitions.
4. Creation of Claim / Due Date
The commission claim arises as proof of the opportunity to conclude or mediate a lease, purchase, tenancy, company participation or hereditary building rights contract, as well as economically equivalent contracts (hereinafter each also referred to as the principal contract) relating to real estate. The fee becomes due upon conclusion of the contract.
5. Amount of Compensation
Unless otherwise agreed, the fee depends on the location of the property and the local brokerage commissions. Entrepreneurs are excluded from compensatory commission claims, except those legally established or recognized in writing by the broker. The same applies to the assertion of a right of retention by entrepreneurs.
6. Obligations of the Client
The client grants the broker power of attorney to inspect the land register, building files and all other official files and transfers their information and access rights to a WEG administrator. The commissioning owner is prohibited from actively offering the property on the Internet and/or in newspaper advertisements during the term of the brokerage contract; however, they may always conclude the principal contract if they find a contracting party without the broker’s involvement. All information, including proof of property, received by the client from the broker is exclusively for personal use. Without the broker’s express written consent, the client is prohibited from passing such information and evidence to third parties. If the client was already aware of the contractual matter presented, they must notify the broker immediately in writing and prove it. Furthermore, the client is obliged to indicate whether, when and with whom the intended contract was concluded and what purchase price, rent or lease interest was agreed. The contract must be presented immediately after conclusion. The broker is entitled to obtain the necessary information from land registry offices, notaries and other parties.
7. Reimbursement Claim of the Broker
If the client no longer wishes to conclude the principal contract during the term of the independent contract or prevents it from occurring or makes it unlawful, the client undertakes to compensate the broker for the broker’s proven actual expenses.
8. Disclaimer of Liability
The broker’s liability is limited to grossly negligent or intentional conduct. Excluded from this limitation is liability for damages resulting from injury to life, body or health based on negligent breach of duty by the broker or a legal representative or vicarious agent, as well as breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose fulfillment the client may regularly rely. Property information provided by the broker is based on information supplied by the seller or by a third party commissioned by the seller, and the broker does not verify its accuracy. The broker assumes no liability for the correctness of the property information.
9. Additional Agreements
Changes, supplements and additional agreements are only valid if made in writing.
10. Place of Performance and Jurisdiction
If both broker and client are full merchants, the place of performance for all obligations and claims arising from the contractual relationship, and at the same time the place of jurisdiction, shall be the registered office of the broker.
11. Severability Clause
If one or more of the above provisions are invalid, this shall not affect the validity of the remaining provisions. The same applies in the event of invalidity of part of a provision. The respective ineffective provision shall be replaced by a provision that comes closest to the economic interests of the contracting parties and does not conflict with the contractual agreements.