General terms and conditions

1. The following conditions apply to all the agent's offers, unless otherwise individually agreed in writing. A brokerage agreement with the agent is automatically entered into when a recipient receives or makes use of a real estate offer from the agent, in particular by entering into or continuing negotiations with the agent or a third party or otherwise making use of the agent's services.

2. The client authorises the agent to broker a sale or rent contract for the item of property covered by the brokerage agreement and/or to provide proof of an opportunity to buy or rent an item of property.

3. The sales contract for an item of property covered by such brokerage agreement is deemed the main contract. The purchase of an item of property by means of a compulsory auction, of parts or shares of an item of property, rent or lease of an item of property etc. are deemed equivalent contracts.

4. The agent may also render services for which a commission is payable for the other party of the main contract.

5. The agent's offer is non-binding, subject to change and intended exclusively for the recipient. It is made under the assumption that the recipient has the intention to buy or rent the property for his or her own use. The offer is to be treated as strictly confidential and may not be passed on to third parties without the agent's written consent. If a recipient directly or indirectly discloses the contents of the offer to a third party or enables a third party to make use of it, the recipient will be held liable for the amount of the commission. This also applies if the contract is brought about by persons or companies who are economically or legally associated with or related to the client in any way. In the aforementioned event, the client shall remain liable for the payment of the commission when passing on the offer, unless the client can provide proof that the closure of the main contract was not caused (in full or in part) by the agent's services.

6. The offer is based on information provided by the seller. The agent has not performed a check on the information and accepts no liability for it. The offer is subject to change or withdrawal.

7. The agent's liability is limited to criminal intent and gross negligence. No liability is accepted for slight negligence or secondary damages.

8. Unless otherwise agreed, the commission is 6% of the registered sales price plus applicable VAT.

9. The agent may pass on an offer to other interested parties. The right of prior sale remains reserved.

10. The recipient is obliged to inform the agent in writing within one week and to provide detailed proof of his knowledge should the availability of an item of property on offer by the agent have already been known to the recipient through other sources upon receipt of the offer.

11. Should the recipient fail to inform the agent accordingly, the agent's offer is deemed to be the cause of the contract, unless the recipient can provide proof that the closure of the main contract was not caused (in full or in part) by the agent's services.

12. The aforementioned provisions and the obligation to pay a commission also apply if a different type of contract is closed which makes an item of property offered by the agent available for use or disposal through the recipient or a third party appointed by the recipient. This also applies in cases of compulsory auction or the acquisition of shares in a business rather than a specific item of property or piece of land.

13. Should any of the aforementioned provisions be held invalid or become unenforceable, this shall not affect the validity of the remaining provisions. An invalid or unclear provision shall be replaced by a new one which serves the economic intent of this agreement.