§ 1 Non-Disclosure
All information including the estate agent’s property substantiations are expressly intended for the customer. The customer is expressly forbidden to pass on the property substantiations and property information to third parties without the estate agent’s explicit consent, which must be provided in writing in advance. If a customer violates this obligation and if the third party or other person to whom the third party in turn passed on the information concludes the main contract, the customer is obliged to pay to the estate agent the agreed commission plus value added tax.
§ 2 Offers
All offers shall be non-binding and subject to alteration. Errors and prior sale/interim tenancy excepted. The information relating to the property is based on the information given by the owner. If the disclosee already knows the substantiated property, he/she must inform us immediately, at the latest within five days, by furnishing proof. If the disclosee fails to do so, he/she acknowledges our further work in this matter to be the cause of the contract conclusion.
§ 3 Dual agent
The estate agent may act both for the seller/landlord and for the buyer/tenant.
§ 4 Information from the owner
The estate agent points out that the property information passed on by him/her originates from the owner or from a third party commissioned by the owner and that the estate agent has not checked this information for its correctness. It is the customer’s responsibility to check the accuracy of the information. The estate agent who merely passes on this information assumes no liability for the accuracy.
§ 5 Substitute and subsequent transactions
The customer’s duty to pay the fees pursuant to our agreed rate of commission continues to exist even in the case of a substitute transaction. Such a substitute transaction exists, for example, if in connection with the work done by the estate agent, the customer learns from its potential party to the main contract, substantiated by the estate agent, of another opportunity to conclude the main contract or concludes the main contract with the legal successor of the potential party to the main contract by way of the substantiated opportunity or acquires the substantiated property by purchase instead of renting or leasing it or vice versa. For the obligation to pay the commission for substitute transactions to come into effect, the transaction that is subject to a commission is not required to be economically equal to the originally intended transaction in terms of the precondition developed by the jurisdiction with respect to economic identity.
§ 6 Commission
The estate agent's commission claim arises upon conclusion of the legally effective main contract. The commission is considered earned and payable as soon as the main contract (lease/sales contract) has been concluded. It is payable within 10 days of invoicing. If the desired main contract is concluded as a result of our substantiating or mediation activities, the customer must pay a commission to b&b Immobilien-Service GmbH. Both the commission amount and the respective payment of the customer are based on the location of the property and the customary commission in that place unless another commission rate has expressly been agreed in the respective offer.
§ 7 Statute of limitation
The limitation period for all claims for damages the customer may have against the estate agent is 3 years. The period begins at the point in time at which the action causing the liability for damages was committed. The statutory limitation periods shall apply if, in individual cases, these result in a shorter limitation period for the estate agent.
§ 8 Jurisdiction
If the estate agent and the customer are fully-qualified merchants as defined by the German Commercial Code, the place of fulfilment for all obligations and claims arising out of the contractual relationship and the place of jurisdiction shall be the estate agent’s business address.
§ 9 Severability clause
Should one or several of the foregoing provisions be invalid, the effectiveness of the remaining provisions shall remain unaffected hereof. This also applies if one part within a provision is ineffective, but another part is effective. In each case, the parties shall replace the ineffective provision by a provision which comes closest to the contracting parties’ economic interest and as for the rest does not contravene the contractual agreements.