1. General
The following terms and conditions apply to all brokerage contracts concluded between the real estate office "Loch&Partner®" (hereinafter referred to as broker) and all clients (hereinafter referred to as customer), regardless of whether they are sales/purchase orders or rental orders. If clauses only apply to entrepreneurs within the meaning of § 14 BGB or merchants, this is made clear in the respective clause.
2. Broker contract/sole contract/duration/involvement of third parties
The customer undertakes not to commission or entrust any third parties with the brokerage for the term of the brokerage contract. Unless otherwise agreed, the fixed term of the sole contract is 12 months. The broker is entitled to involve other brokers in processing the order. With a normal brokerage order, the customer is permitted to commission other brokers to market his property.
3. Double activity
The broker may act for the seller or landlord as well as for the buyer or tenant; statutory exclusions excepted.
4. Creation of entitlement/due date
The commission claim arises for the proof of the opportunity to conclude or broker a rental, purchase, lease, company share or leasehold contract as well as economically equivalent contracts (hereinafter also referred to as the main contract) relating to the property. The fee is due upon conclusion of the main contract.
5. Amount of remuneration
Unless otherwise agreed, the fee depends on the location of the property and the local brokerage commissions. Entrepreneurs are excluded from offsetting against due commission claims, with the exception of claims that have been legally established or recognized in writing by the broker. The same applies to the assertion of a right of retention by entrepreneurs.
6. Customer Obligations
The customer authorizes the broker to inspect the land register, construction files and all other official files and transfers his information and inspection rights to a WEG administrator.
The commissioning owner is prohibited from actively offering the property himself on the internet and/or in newspaper advertisements during the term of the exclusive brokerage contract; however, he may always conclude the main contract if he finds a contractual partner without the broker's involvement.
All information, including proof of property, that the customer receives from the agent is intended solely for their own use. Without the express written consent of the broker, the customer is prohibited from passing on such information and evidence to third parties.
If the customer was already aware of the proven contractual matter elsewhere, he must inform the broker immediately in writing and prove it. The customer is also obliged to state whether or when and with whom the intended contract was concluded and what purchase price, rent or lease was achieved. The contract must be submitted immediately after conclusion of the contract. For this purpose, the broker is entitled to obtain the necessary information from land registries, notaries and other parties involved.
7. The agent's claim for reimbursement of expenses
If the customer no longer wishes to conclude the main contract during the term of the sole contract or prevents its conclusion or makes it more difficult in a breach of trust, the customer undertakes to reimburse the broker for the actually proven expenses of the broker.
8. Disclaimer
The broker's liability is limited to grossly negligent or intentional conduct. Excluded from this is liability for damage resulting from injury to life, limb or health, which is based on a negligent breach of duty by the broker or a legal representative or vicarious agent and the breach of an essential contractual obligation. Significant contractual obligations are those obligations the fulfillment of which is essential for the proper execution of the contract and the observance of which the customer can regularly rely on.
The property information passed on by the broker is based on the information provided by the seller or a third party commissioned by the seller and is not checked for accuracy by the broker. The broker assumes no liability for the correctness of the object information.
9. Additional agreements
Changes, additions and ancillary agreements are only valid if they are made in writing.
10. Place of performance and place of jurisdiction
If broker and customer are registered traders, the place of fulfillment for all obligations and claims arising from the contractual relationship and the place of jurisdiction is the broker's registered office.
11. Severability clause
Should one or more of the above provisions be ineffective, the effectiveness of the remaining provisions shall not be affected. The same applies in the event of the ineffectiveness of part of a regulation. The invalid provision is to be replaced by a provision that comes as close as possible to the economic interests of the contracting parties and does not conflict with the contractual agreements.