terms and conditions
1. The brokerage contract between the customer and us is concluded either through a written agreement or through the use of our brokerage services on the basis of or with knowledge of the commission required for the successful brokerage/verification activity. Unless the circumstances or differing agreements indicate otherwise, the contract has a term of six months and is automatically extended by a further month unless one of the contracting parties has terminated the contract with one month's notice before the end of the contract.
2. The customer is not entitled to commission other brokers to carry out brokerage and/or verification activities regarding the contractual object during the term of the brokerage contract with us. In the event of a culpable violation of this regulation, the customer is liable to us for any resulting damage.
3. Our mediation and/or verification activities are based on the information and information provided to us by our contractual partners or other persons authorized to provide information. No liability is assumed for this. Errors and/or prior sale or rental remain reserved.
4. As long as there is no conflict of interest, we are also entitled to act on behalf of the other party to the main contract on a commission basis.
5. If, as a result of our mediation and/or verification activities, a rental agreement is concluded between the parties to the main contract for the contractual object instead of the originally intended purchase agreement or vice versa, this does not affect the claim to commission. The usual brokerage fee within the meaning of Section 653 Paragraph 2 of the German Civil Code (BGB) is then deemed to be owed.
6. If the customer is aware of the contractual opportunity regarding the offered contractual object when concluding the brokerage contract as well as the willingness to contract of the other contractual part of the main contract (prior knowledge) or if he obtains this knowledge from a third party during the term of the brokerage contract, he must inform us of this immediately.
7. Our property exposés, the property/contract-related information we provide as well as our entire brokerage and/or verification activities are/are intended exclusively for the respective addressed customer(s) as recipients. The customer is obliged to treat the information confidentially after concluding the brokerage contract and not to pass it on to third parties. If the customer culpably violates this, he will be liable to us for damages if our mediation and/or verification activities are not successful as a result. If the main contract with a third party is concluded due to the unauthorized disclosure of the information, the customer is liable to us for payment of the lost commission.
8. The commission claim is due within the meaning of Section 652 Paragraph 1 BGB upon conclusion of the effective main contract if the main contract is based on our contractual verification/brokerage activity. The customer is obliged to inform us immediately when, for what fee and with which parties the main contract was concluded. The obligation to provide information is not affected by the fact that the main contract is subject to a suspensive condition and this has not yet occurred.
9. The customer may only assert retention rights or offsetting rights against our commission claims if the customer's claims are based on the same contractual relationship (brokerage agreement) or if other claims are undisputed or legally binding.
10. We do not take part in dispute resolution proceedings before a consumer arbitration board.
11. The place of jurisdiction for any disputes arising from the contractual relationship (brokerage agreement) is the registered office of the broker if the customer is a merchant, a legal entity under public law or a special fund under public law. If the customer is a consumer (§ 13 BGB) who does not have a general place of jurisdiction in the Federal Republic of Germany, the broker's registered office is also the non-exclusive place of jurisdiction. If the customer (consumer) moves his place of residence or usual place of residence outside of Germany after the brokerage contract has been concluded or if the customer's place of residence or usual place of residence is not known at the time a lawsuit is filed, the place of jurisdiction is also the registered office of the broker. Exclusive places of jurisdiction, in particular for legal dunning procedures, remain unaffected by the above regulations.
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