Immobilia Mayer GmbH – General Terms and Conditions
1. Our offers are submitted on the basis of the information provided to us by the client or other persons authorized to provide information. We cannot accept any liability for accuracy and completeness of the information. All properties subject to prior sale or lease. Errors and omissions excepted.
2. A broker contract shall be deemed to have been concluded with us or our agent on the terms of the property description upon written acceptance or use of our broker services by the offeree.
3. Our offers are directed personally to the offeree and must be treated as confidential. In the event of disclosure to a third party without our consent, the offeree shall be required to pay the usual or agreed commission if such third party completes the transaction without having concluded a broker contract with us; we reserve the right to claim further compensation.
4. We are entitled to provide services to the other contract party on a commission basis.
5. We are also entitled to a commission if another transaction is completed instead of the one originally envisaged (e. g. sale instead of lease and vice-versa), provided the commercial benefit does not differ substantially from our offer.
6. The commission is due and payable upon execution of the agreement in due form, or upon conclusion of an equivalent transaction effected in connection with the offer submitted by the broker. The offeree is required to inform us of the terms of acquisition and use.
7. Withholding of payment or set-off against commission claims by the offeree is excluded, except for uncontested or appealable claims.
8. If the subject property is already known to the offeree, he/she must promptly inform us, i.e. no later than three days from receipt of our offer. Should the offeree fail to do so and enter subsequently into a contract concerning this property, a causal connection shall be deemed to have been irrefutably established between the broker's efforts and the transaction. In this case, the offeree shall be required to pay a commission in the amount set forth in the applicable offer (s. Section 1). The offeree may not deny this causal connection.
9. If permitted by law, place of performance and venue is the broker's registered office.
10. Should one or more of the foregoing provisions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The parties should replace the invalid provision by a provision which best serves the parties' commercial interests and does not otherwise contradict the content of the agreement.
Effective as of: December 2008