Terms of Service
Terms and Conditions for the detection and brokerage of real estate for rent and for sale.
§ 1 Scope of application
These General Terms and Conditions of Business for the proof and brokerage of real estate for renting and selling apply exclusively. Conflicting or deviating terms of the client shall not apply, even if the agreement is accepted unconditionally in the knowledge of contradictory or deviating terms of the client. Deviating terms and conditions shall only be binding upon the written consent of the broker.
§ 2 Main Agreement
(1) The brokerage agreement with us comes by written agreement or by using our brokerage activity on the basis of the object exposé and its conditions.
(2) A contractually binding principal contract also applies to a contract for another economically comparable object which complies with the requirements set out in the commission agreement and which is furnished by the broker’s proof or brokerage.
(3) The main contract shall also be a contract concluded by a person who is permanently and closely connected to the client.
§ 3 Commission
Unless expressly agreed otherwise, the customer undertakes to provide proof of, or to arrange a lease or purchase contract for the payment of a commission. In the case of leases, a commission including value-added tax of 2.38 monthly nettoments or 3.0 monthly nettoments applies in the case of commercial lease contracts plus the respectively applicable value-added tax.
In the case of sales contracts, a commission of 3.57% to max. 7,14% incl. VAT of the purchase price or 3,00% up to max. 6.00% plus VAT for commercial clients.
(2) The commission is earned as soon as the contract is concluded on the basis of proof or mediation by the broker. Compassion is sufficient.
(3) If the client is already aware of the opportunity provided by the broker to conclude a leasing contract or purchase contract, he shall notify the broker immediately in writing, after receipt of the first object information, stating the source. If an activity is carried out by the broker due to an infringement of this obligation which does not lead to the occurrence of the commission claim, the client is obliged to compensate the damage incurred by the broker.
(4) The commission is due for payment upon conclusion of the lease or purchase contract after the invoice has been issued.
(5) In the event of the complete non-execution of a lease agreement already concluded under binding law, the commission claim is void only if and insofar as this is based on circumstances which are intentionally or grossly negligibly represented by the broker.
§ 4 Rights and Obligations of the Contracting Parties
(1) The client shall promptly provide the broker with all information on the existing and new circumstances which affect the performance of the brokerage activity.
(2) The client is obliged to treat all knowledge gained in the course of the brokerage contract in a confidential manner and, in particular, not to pass on the information to third parties. If the customer violates the contract and the third party agrees to the contract, the client owes a contract penalty in the amount of the commission which he would have had to pay if he had concluded this contract himself.
(3) The broker is entitled to act on behalf of both contracting parties. The broker may inspect the property, even with third parties.
(4) The customer is obliged to inform the broker immediately about the conclusion of the contract and to provide information about all contractual main and secondary agreements. In particular, the broker is entitled to attend the contract. Place and time are to be communicated to the broker in time.
§ 5 Publication
The Contractor is entitled to publish information, photographs, plans and other data about the property to be mediated on the Internet on his own homepage and the current real estate portals, as well as in the regional and supraregional press, and to advertise the property accordingly. However, there is no obligation to do so.
§ 6 Term of the contract
(1) The contract may be terminated by both parties with a period of one month at the end of the month, but not before the end of the sixth full calendar month. It ends after twelve full calendar months, without a notice of termination.
(2) The statutory provisions shall apply to termination for good cause. An important reason is, in particular, the violation of the customer’s own order binding.
(3) Any termination must be in writing in order to be effective.
§ 7 Disclaimer
(1) Exposé data and other information are solely based on the information provided by the client and third parties. The broker assumes no liability for the accuracy, completeness or timeliness of this information. The client hereby expressly declares that he has himself checked all contractual information before conclusion of the contract.
(2) The claims of the client against the broker for damages are hereby excluded, unless they are based on deliberate or grossly negligent behavior of the broker.
§ 8 Final Provisions
(1) The place of performance for the obligations of the parties is the place of the agent.
(2) Jurisdiction for all disputes relating to the brokerage contract is Mainz, Germany.
(3) Should individual provisions of the contract be or become invalid, this shall not affect the validity of the remaining provisions. Both parties will replace the ineffective clause or a gap by a regulation that is as close as possible to the economic sense of the original provision.
§ 9 Revocation right
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must contact us, Klein Global Real Estate, Torsten Klein, Wernher-von-Braun-Str. 9, 55129 Mainz, Fon: + 49 (0) 6131 – 217 99 90, Email: email@example.com, by means of a clear statement (e.g., a letter, fax or e-mail) of your decision to revoke this Agreement.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation:
If you revoke this agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.
If you have requested that the services be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contract Comparison with the total scope of the services provided for in the contract.
Last update: June 2017
Klein Global Real Estate