General Terms and Conditions
1 Our offers are subject to change and non-binding. The object-related information is based on the information of the seller or lessor.
2. unless otherwise agreed, the customary local commission shall accrue upon the effective conclusion of the contract, which was either brokered by us and/or concluded with a contractual partner proven by us.
A claim for commission also arises if, for economic, legal or other reasons, another contract is concluded in addition to or instead of the offered contract (e.g. conclusion of a purchase or lease agreement, conclusion of a license or cooperation agreement instead of a lease agreement), which is also based on the broker‘s verification or mediation services.
3. our communications and documents are confidential information and therefore only intended for the recipient personally. A passing on to third parties is not permitted. The recipient is obliged to pay the full commission if the third party to whom he has passed on the brokerage information carries out the transaction himself. The commission shall become effective and due upon conclusion of the contract which should result from the disclosure. If the recipient of the information is already aware of the property referred by us, he/she must inform us immediately, at the latest within 5 days, stating the source of the information.
4. We shall be entitled without restriction to act for the other party to the contract – also on a commission basis.
5. Our liability in cases of intent or gross negligence shall be governed by the statutory provisions. For slight negligence, we are liable exclusively according to the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health.
The provision of the preceding paragraph shall extend to damages in addition to performance, damages in lieu of performance and claims for compensation due to futile expenses, irrespective of the legal grounds, including liability due to defects, delay or impossibility.
We are not liable for the creditworthiness of the mediated contracting party.
6. deviations or additions to these terms and conditions are to be agreed in writing. This also applies to the change of this written form requirement. The termination of the brokerage contract also requires the written form.
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This shall also apply if within one provision one part is invalid but another part is valid. The respective invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the contracting parties and which does not conflict with the remaining contractual agreements.
7. Place of performance and, as far as legally permissible, place of jurisdiction is Munich. The relationship shall be governed by German German law shall apply to the relationship.