All information, including the brokerage oft he property by the Agent is determined exclusively fort he customer. The Customer is expressly prohibited from passing on the indications of or information about properties to third parties without the expressed approval of the Agent which shall be given in advance in writing.
The Agent may be active both for the seller and also for the purchaser.
The Agent draws attention to the fact that the information about the property passed on by him originates from the Seller or a third party engaged by the Seller and has not been checked by the Agent for correctness. It is matter for the Costumer to check this information for correctness. The Agent, who only passes on this information, shall not assume any liability for its correctness.
The Agent´s liability is limited to gross negligent or intentional behavior inasmuch as the costumer does not suffer any physical injury or loses his life through the behaviour of the Agent.
The limitation period for all claims for damages of the Costumer against the Agent shall amount to 3 years. It shall commence at the point of time at which the action triggering the obligation for damages has taken place. If the statutory limitation regulations mean shorter limitation for the Agent in individual cases, these shall apply.
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.
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.