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Terms & conditions

1. By placing the order the customer agrees to the following terms and conditions.

2. The order does not have to be provided in any particular form; an order shall also be considered to have been placed when the customer takes advantage of our services.

3. The acceptance of our realtor services or offer details as well as the utilization of our evidence are enough to be considered an accepted realtor agreement under these terms and conditions.

4. We hereby agree to process the orders with the care and attention of a diligent businessman and shall treat all documents – insofar as they pertain to the execution of the order - confidentially.

5. The customer agrees to treat all of our disclosures and documents as strictly confidential. Should a third party gain knowledge of our disclosures (or even just the address) from the customer or the recipient or with their approval, and the third party closes a business deal or gains some other economic benefit therefrom, the customer shall pay us the agreed upon commission without provision of proof of incurred damages being required from us.

6. Subject to their consent, we shall disclose the names of the respective owner(s) upon request.

7. The customer is only allowed to contact the contractual partner (owner or interested party) directly with our express consent. We are to be informed of any direct negotiations and the content of the negotiations without having to explicitly request it.
8. We have the right to be present at the signing of the contract and to immediately receive a copy of the contract and all the supplemental agreements pertaining thereto, to the extent that they are relevant for the calculation and maturity of the commission. We must be notified immediately of any verbal agreements of this nature.

9. If the customer is already familiar with the opportunity to enter into a contract that was provided or mediated by us, the customer must notify us of this in writing within one week of receipt, and include proof of this knowledge in the letter. Otherwise, the customer can no longer claim this knowledge later.

10. For exclusive contracts, previous knowledge of the property by the customer (interested party) is immaterial. In this case, the customer must therefore pay us the commission in connection with these terms and conditions.

11. We are entitled to work for the respective contractual partner either for compensation or on a voluntary basis.

12. Additional property offers will continue to be sent to the customer until the customer cancels them. The same terms and conditions shall apply to all future properties introduced by us.

13. Calculation of the commission claim:
At the conclusion of a sales contract, rental agreement or other contract or agreement that came to fruition through our information or by means of our realtor activities, the specified commission or realtor fee shall be considered to be earned, due and payable on the day the contract is signed.

If no amount has been agreed upon, the following commission rates shall apply:
A.)
For sales contracts:
Within German 3.57% including 19% Value Added Tax, but at least €3,500.00
B.)
For rental/leasing agreements it shall depend on the Kaltmiete amount (base rent for the accommodation without extra costs):
For private individuals two months' rent including 19% VAT;
In the commercial sector three months' rent including 19% VAT.
Otherwise, the normal realtor rates shall apply.

14. The calculation of the commission shall always be based on the total economic value of the contract including all related supplemental agreements. The currently applicable Value Added Tax rate must be paid along with the commission.

15. If the seller manages to increase the original sales price or the lower sales price we negotiated, the aforementioned percentage fee shall be calculated from the last sales price.
The right to a commission shall also be applicable if the property is used for at least one business that serves the same commercial purpose and the same commercial success is achieved. This is particularly the case if the documented property was acquired in a foreclosure auction or if, for example, a contract is concluded as a sublease with the tenant instead of the property owner.
We shall also have a right to the full commission if we are partially responsible for the conclusion of the contracts.
This would particularly be the case if additional contracts are concluded with our documented interested parties within a period of three years after conclusion of the first negotiated contract that are economically associated with the initial order or additional orders.
An economic association exists if the connection that was made through us leads to additional contracts that would be subject to a commission in accordance with these Terms and Conditions.

16. The claim for payment of a commission shall also exist if the contract is signed in whole or in part by the customer's spouse or a close relative by blood or marriage or any such person or legal entity in a close social, contractual or commercial relationship with the customer instead of by the customer himself.

17. If in the case of foreign business a precontract or principal contract (sales promise or sales contract) that does not require the services of a notary is concluded the commission must be paid on the day the contract is signed.

18. The full commission shall also be immediately payable with binding, notarized offers to sell or purchase a property.

19. The claim shall also be valid if closure of the contract was caused (in full or in part) by the agent's services or if closure of the contract took place after the term of the agent's services has ended. It is not required that the offer conditions and closing conditions conform with one another.

20. Compensation claims for damages against our company are excluded apart from in the case of gross negligence. Since we have to base all of our information on the information of third parties, we cannot be held liable for the accuracy or completeness of the information. The offers are subject to change without notice, since we cannot assume liability for possible interim sales.

21. Other agreements must be confirmed in writing by the realtor to be valid.

22. The exclusive court of jurisdiction is Kusel.