Terms of Business
§ 1 prohibition of disclosure
All information, including the brokerage oft he property by the Agent is determined exclusively fort he customer. It is expressly forbidden for them to pass on property records and property information to third parties without the express consent of the agent, which must be obtained in writing beforehand.
If the customer violates this obligation and if the third party or other persons to whom the third party has passed the information on, concludes the main contract, the customer is obliged to pay the broker the commission agreed with him plus VAT.
§ 2 Double activities
The Agent may be active both for the seller and also for the purchaser.
§ 3 Owner information
The agentpoints out that the property information passed on by him comes from the seller or from a third party commissioned by the seller and has not been checked for accuracy by him, the agent. It is up to the customer to check that this information is correct. The agent who only passes on this information assumes no liability for its accuracy.
§ 5 Limitation
The limitation period for all claims for damages by the customer against the agent is 3 years. It begins at the point in time at which the act triggering the obligation to pay compensation was committed. Should the statutory limitation regulations lead to a shorter limitation period for the agent in individual cases, these shall apply.
§ 6 Place of jurisdiction
If the Agent and the Costumer are full business persons in the terms of the German Commercial Code, the company head office of the Agent is agreed as the place of performance for all obligations and claims originating from the contractual relationship as well as the place of jurisdiction.
§ 7 Escape clause
If one or more of the above provisions should be inapplicable, the effectiveness of the remaining provisions shall not be affected. This shall also apply if, within a regulation a part is ineffective, another part, however, effective.
The ineffective provision shall shall be replaced between the parties by a regulation which most closely approaches the economic interests of the contractual parties and otherwise does not contradict the contractual agreements.