General terms and conditions

§ 1

Validity of terms and conditions

The offers we present cover the designated property and our services as a brokerage firm. The services and offers of the seller take place exclusively on the basis of these terms and conditions. These terms and conditions therefore apply to all future business relationships, even if they are not expressly agreed upon again. These terms and conditions are considered to be accepted at the latest upon acceptance of the offer or service provided. Contrary terms and conditions proposed by the buyer are hereby rejected. All agreements made between the seller and the buyer for the purpose of carrying out the contract must be stipulated in writing in this contract.

§ 2

Offer and conclusion of contract

The offers of the seller are subject to confirmation and are non-binding. All declarations of acceptance require the written or faxed confirmation of the seller in order to be legally effective. Drawings, illustrations, dimensions or other technical data are only binding when this has been expressly agreed in writing. Subsidiary agreements or assurances made orally which go beyond the content of the written contract have no legal force and must be in written form.

§ 3

Prices

Unless otherwise indicated, the price offered by the seller is binding for 30 days following the date of the offer. The party accepting the offer must be informed of any price changes in writing.

§ 4

Claims for damages

All details in the offer are based on information from the property owner or the seller or a third party respectively. Claims for damages against us are restricted to intent or gross negligence.

§ 5

Broker's fee

Unless otherwise agreed, the broker's fee amounts to 4%.

The broker's fee, including VAT, is due and payable without deduction upon conclusion of the notarized sales contract. The broker's fee remains due if, in lieu of the transaction offered by us, an alternative transaction arises with an economic result which takes the place of the original transaction. The same conditions apply to European countries and states which are not members of the EU.

§ 6

Terms of payment

Unless otherwise agreed, payment is due and payable without deduction upon conclusion of the notarized contracts after the invoice has been issued. Payment is only considered to have been made when the broker has access to the funds. If a payment is made by check, the payment is only considered to have been made when the invoice amount has been credited. If the buyer defaults, the broker is entitled to demand 5% interest in accordance with the Diskontüberleitungsgesetz (Discount Rate Transition Law) of the Deutsche Bundesbank (§ 284/288). Even if a notice of defect or counterclaim has been lodged, the buyer shall only have the right to offset, withhold or reduce payment if the counterclaim has become final or is undisputed.

§ 7

Applicable law, place of jurisdiction, partial invalidity

The laws of the Federal Republic of Germany shall apply to these terms and conditions and all legal relationships between the broker and the party accepting the offer. The AGBG (laws governing general terms and conditions) apply even if foreign law has been agreed upon. Insofar as the buyer is a merchant in accordance with the German Commercial Code, a legal person as defined by public law, or a special fund under public law, the place of jurisdiction – 19053 Schwerin - shall apply to any disputes arising directly or indirectly from this contractual relationship. In the event that any provision in these terms and conditions or a provision within other agreements is or becomes invalid, this shall not affect the validity of any other provisions or agreements. In place of the invalid provisions, the relevant legal conditions shall come into effect.

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