GTC

1. The brokerage contract between the customer and FRIEDENSREICH Real Estate Office is concluded either by written agreement or by the use of our brokerage services on the basis of or in knowledge of the commission claim accruing for the successful brokerage/procurement activity. Unless the circumstances or deviating agreements indicate otherwise, the contract shall have a term of six months and shall be automatically extended by a further month in each case unless one of the contracting parties has given one month’s notice of termination before the end of the contract.
2. We work exclusively for the customer. Accordingly, the customer is not entitled to commission other brokers with brokerage and/or verification activities concerning the contractual object during the term of the brokerage agreement with us. In the event of culpable violation of this provision, the customer shall be liable to us for any damage resulting therefrom.
3. Our mediation and/or verification activities are carried out on the basis of the information and details provided to us by our contractual partners or other parties authorized to provide information. No liability is assumed for this. Errors and/or prior sale or rental are reserved.
4. As long as there is no conflict of interests, we are also entitled to act on behalf of the other party to the main contract on a commission basis.
5. If, as a result of our brokerage and/or verification activities, a rental agreement is concluded between the parties to the main contract for the contractual object instead of the purchase contract originally sought, or vice versa, this shall not affect the claim to commission. The usual broker’s fee within the meaning of § 653 para. 2 BGB as being owed.
6. The brokerage commission (also brokerage fee) is calculated on the basis of the purchase price. The brokerage fee for the seller as well as for the buyer is 3,57% incl. 19% VAT of the notarized purchase price. The brokerage fee is not included in the purchase price and is part of the incidental costs of purchase. The brokerage fee is based on the FRIEDENSREICH Real Estate Office fee schedule and is non-negotiable.
7. If the customer knows at the time of conclusion of the brokerage contract the contractual opportunity concerning the offered contractual object as well as the contractual readiness of the other contractual part of the main contract (prior knowledge) or if he obtains this knowledge from a third party during the term of the brokerage contract, he shall inform us thereof without delay.
8. Our property exposés, the property/contract-related information provided by us as well as our entire brokerage and/or verification activity is/are intended exclusively for the respective addressed customer(s) as recipient(s). The customer is obliged to handle the information pp. confidentially after the conclusion of the brokerage contract and not to pass it on to third parties. If the customer culpably violates this, he is liable to us for damages if the success of our mediation and/or verification activities does not occur as a result. If the main contract is concluded with a third party due to the unauthorized disclosure of the information, the customer shall be liable to us for payment of the lost commission.
9. The claim for commission is subject to the provisions of § 652 para. 1 BGB (German Civil Code) shall become due upon conclusion of the effective main contract if the main contract is based on our verification/brokerage activities in accordance with the contract. The customer is obliged to inform us immediately when, for what fee and with which parties the main contract was concluded. The obligation to provide information shall not be affected by the fact that the main agreement is subject to a condition precedent and this condition has not yet occurred.
10. The customer may only assert rights of retention or rights of set-off against our commission claim if the customer’s claims are based on the same contractual relationship (brokerage contract) or if other claims are undisputed or legally enforceable.
11. We do not participate in dispute resolution proceedings before a consumer arbitration board.