Terms and Conditions

1. General

The following terms and conditions apply to all brokerage agreements concluded between the Real Estate Office „Marcel Remus®“ (hereinafter referred to as the broker) and all clients (hereinafter referred to as the customer), whether for sales/purchase agreements or rental agreements. If clauses only apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) or to merchants, this is clearly indicated in the respective clause.

2. Estate Agent Agreement / Exclusive Mandate / Term / Involvement of Third Parties

The client undertakes not to engage or entrust third parties with the brokerage for the duration of the brokerage agreement. Unless otherwise agreed, the fixed term of the exclusive agency agreement is 12 months. The broker is entitled to involve other brokers in processing the order. In the case of a normal brokerage agreement, the client is permitted to engage other brokers for the marketing of their property.

Double action

The estate agent may act for the seller or landlord as well as for the buyer or tenant, with the exception of statutory exclusions.

4. Arising of claim/Due date

The claim for commission arises from proving the opportunity to conclude or the brokering of a lease, purchase, tenancy, company share, or hereditary building right contract, as well as economically equivalent contracts (hereinafter also referred to as the main contract) concerning the property. The fee becomes due upon the conclusion of the main contract.

5. Amount of remuneration

The fee shall be based – unless otherwise agreed – on the property's location and local estate agent commission rates. For businesses, set-off against due commission claims is excluded, except for claims that have been legally established or acknowledged in writing by the estate agent. The same applies to businesses asserting a right of retention.

6. Customer Obligations

The client hereby grants the agent a power of attorney to inspect the land register, building files, and all other official records, and assigns to the agent their rights to information and inspection vis-à-vis a homeowners' association administrator.

The client owner is prohibited from actively marketing the property themselves on the internet and/or in newspaper advertisements during the term of the exclusive agency agreement; however, they may always conclude the main contract if they find a contracting party without the agent's involvement.

All information, including property details, provided to the client by the agent is strictly for personal use. Without the express written consent of the agent, the client is prohibited from passing on such information and details to third parties.

If the client was already aware of the contractual matter proven to them, they must inform the agent of this in writing without delay and provide proof. The client is further obliged to state whether or not the intended contract was concluded, and if so, when and with whom, and what purchase price, rent or lease was achieved. The contract must be submitted immediately after its conclusion. For this purpose, the agent is entitled to obtain the necessary information from land registries, notaries and other parties involved.

7. Estate agent's claim for reimbursement of expenses

If, during the term of the exclusive mandate, the client no longer wishes to conclude the main contract, or prevents its conclusion, or obstructs it in bad faith, the client undertakes to reimburse the broker for the broker's proven expenses incurred.

8. Disclaimer

The broker's liability is limited to grossly negligent or intentional conduct. This does not apply to liability for damages arising from injury to life, body or health, which are based on a negligent breach of duty by the broker or a legal representative or vicarious agent, and the breach of a cardinal contractual obligation. Cardinal contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the customer may regularly rely.

The property information provided by the agent is based on the details supplied by the seller or a third party commissioned by the seller, and is not checked for accuracy by the agent. The agent accepts no liability whatsoever for the accuracy of the property details.

9. Ancillary Agreements

Changes, additions and collateral agreements are only valid if they are made in writing.

10. Place of performance and jurisdiction

The broker and the client are both fully-fledged merchants, the place of performance for all obligations and claims arising from the contractual relationship, as well as the place of jurisdiction, shall be the broker's registered office.

11. Severability Clause

Should one or more of the preceding provisions be invalid, the validity of the remaining provisions shall not be affected thereby. The same applies in the event of the invalidity of part of a provision. The respective invalid provision shall be replaced by a provision that comes closest to the economic interests of the contracting parties and does not contravene the contractual agreements.