Conditions
Conditions
Terms and Conditions
Terms and Conditions
§ 1 Broker Contract
With the use of the evidence or brokering activity or with the request for information, an exposé, the execution of object inspections or with the commencement of negotiations with the seller or the landlord or their deputies, an object offered by Schieszer Immobilien eK, comes the brokerage contract with the tenant or prospective buyer to the following terms and conditions.
§ 2 brokerage commissions
If, due to our activity, the contract is concluded, the following brokerage commissions are due immediately after conclusion of the contract:
1. When concluding a sales contract: 3.57 (including VAT) of the notarised purchase price sum or commission rate specified in the synopsis.
2. When concluding a commercial rental agreement: 3.57 (including VAT) or commission rate indicated in synopsis.
3. When concluding a residential leasing contract: 2.38 (including VAT) Monthly rent in the contractually agreed broker search order pursuant to § Buyer principle / MietNovG.
IMPORTANT: The above commission rates are to be paid by the customer to the broker unless otherwise agreed. They are valid, as far as in the respective offer / Exposé expressly another commission is not indicated.
The brokerage commission is earned as soon as the wanted or an economically equivalent contract has come about through our mediation or our proof.
This also applies to the case that it comes with a proven prospective customer or contractor to a contract, although the contract negotiations have been interrupted in the meantime and the broker is no longer used for later negotiations or another person continues the negotiations. The brokerage commission is due even if the activity of the broker was only partly responsible for the signing of the contract. The brokerage commission is due immediately after the certification or signing of the rental agreement.
§ 3 Notarization / conclusion of a lease / lease
The broker is entitled to attend the signing of the purchase, rental or lease contract as well as a copy of the respective contracts. In the case of purchase contracts, the broker has the right to have his brokerage claim certified by a broker clause in the contract.
§ 4 precognition
If the recipient of an exposé already knows about the object we have verified, he must document this to Schieszer Immobilien in writing within 5 working days stating the source and a suitable proof. Decisive for the deadline is the date of the postmark. If no proof of prior knowledge is provided within this period, the object is considered unknown.
§ 5 double activity
Schieszer Immobilien eK reserves the right to act against payment also for the other contracting party.
§ 6 Compensation
All offers in the form of offers or exposés are strictly confidential and are only for your own use. The interested party is liable to Schieszer Immobilien eK in the amount of the agreed brokerage fees, provided that he intentionally or negligently informs the offer intended for him to third parties and as a result of this a contract is concluded.
All information is given without guarantee and is based solely on information provided to us by our client. We assume no responsibility for the completeness, accuracy and timeliness of this information. Errors excepted.
If you already know the object we have detected, please inform us immediately. Our offers and communications are strictly confidential, the transfer to third parties obliged to pay damages in the amount of the commission, without proof of damage both the reason and the amount. If one of our offers is known to the recipient, he must inform and prove this as soon as possible.
§ 7 Liability
All information on the object is based on information provided and information from third parties. For the accuracy or completeness of the information no liability can therefore be accepted. The sent exposés and other documents merely represent a non-binding advance information. The liability of Schieszer Immobilien eK is limited to intentional or grossly negligent behavior.
§ 8 Privacy
All personal and object-related data will be used exclusively for processing the order. The client agrees to the data transfer to third parties, if this is necessary for the fulfillment of the contract. Another transfer of the data does not take place.
§ 9 changes and additions
Changes and additions to the contracts concluded with Schieszer Immobilien e. K. must be made in writing in order to be valid. Oral side agreements have no effect.
§ 10 Miscellaneous
All photos and texts on our website may only be used, copied or duplicated with our written consent.
§ 11 Severability clause
1. Should individual provisions of the contract be or become ineffective, this does not affect the validity of the contract or the validity of the remaining provisions. The contracting parties undertake to replace the ineffective provision with a clause that reflects the economic and legal content of the invalid provision.
2. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the place of business of the broker in commercial transactions. If a contractual partner does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the broker. However, the broker is entitled to bring actions and other legal proceedings at the general place of jurisdiction of the contracting party.
3. The law of the Federal Republic of Germany applies.