AGB of Ziegert EverEstate GmbH for the brokerage or proof of real estate. Our following terms and conditions of business, together with the exposé description, shall become part of the mutual agreements between the client and the real estate agent.
§ 1 Confidentiality
(1) The present exposé and the information contained therein are intended only for the recipient (hereinafter referred to as "principal"). They are to be treated confidentially and may not be made accessible to third parties - including principals or third parties who have commissioned the Client - without prior consent.
(2) In the event of unauthorised disclosure of this Exposé or the information contained in the Exposé to third parties, the Principal shall be obliged to pay the contractually agreed commission to Ziegert EverEstate GmbH (hereinafter referred to as "Broker") in the event of the conclusion of the contract by the third party.
§ 2 Liability
(1) The information contained in the exposé is based exclusively on the information provided by the seller. The Broker is not liable for the correctness and completeness of the information contained in the Exposé. The Real Estate Agent has not verified this information in fact or in law, unless the information is obviously incorrect, implausible or otherwise questionable; it is recommended that experts be consulted or legal advice be obtained, if necessary.
(2) The liability of the Broker shall be limited to grossly negligent and intentional conduct, provided the breach of duty does not lead to injury to life, body or health. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of the broker is limited in amount to the damage that is foreseeable and typical according to the type of transaction in question.
§ 3 Duty to pay commission
(1) The claim for commission arises when the main contract is effectively concluded on the basis of the broker's proof or mediation.
(2) The claim for commission in the amount of the rates stated in the exposé is due upon conclusion of the main contract and is payable within 14 days of the broker's invoicing. In the event of default, default interest of 5 percentage points shall be payable in dealings with consumers, and default interest of 9 percentage points in dealings with entrepreneurs, in each case above the respective base interest rate of the European Central Bank.
(3) Insignificant deviations of a material, economic, financial or legal nature shall not cause any damage and shall continue to justify the agreed claim for commission.
(4) If the main contract actually concluded differs in content from the subject matter of the Exposé, but the same economic success is achieved with it, the claim to the original commission shall continue to exist.
(5) The claim for commission shall also be created and due if the sale is concluded with another party with whom the Client has a particularly close personal or pronounced economic or corporate law relationship and the Client benefits from the conclusion of the contract by the other party in terms of economic success similar to his own.
§ 4 Commission obligation for subsequent contracts
If the principal concludes a subsequent contract within 12 months after conclusion of the main contract, he shall be obliged to pay a differential commission if the content of the subsequent contract was also part of the original contract and was also offered by the broker. A subsequent contract is deemed to exist if an amended or new main contract is concluded by extending or amending the original contract contents ("subsequent contract"). The differential commission is calculated from the difference between the agreed commission for proving the opportunity to conclude the original contract and the agreed commission for proving the opportunity to conclude the subsequent contract.
§ 5 Prior knowledge
In the event of knowledge of the object designated in the exposé (hereinafter referred to as "Object") or of the owner of the Object, the Principal shall inform the Broker of this circumstance immediately in writing. If this is not done, the Recipient shall reimburse the Real Estate Agent for any expenses incurred by the Real Estate Agent in the performance of the contract which have become useless due to the fact that the Recipient did not inform the Real Estate Agent of the existing prior knowledge.
§ 6 Conclusion and negotiation of contract
(1) The client is obliged to name the broker as the causal agent in negotiations with the contractual partner proven by the broker.
(2) The Client must inform the Broker immediately when and under what conditions he concludes a contract for the property or for another property of the contractual partner proven by the Broker.
(3) The estate agent is entitled to be present at the conclusion of the contract.
(4) The estate agent shall also be entitled to receive a copy of the main contract and any subsidiary agreements made.
§ 7 Non-binding nature of offers
Our offers are subject to change without notice. The Seller expressly reserves the right of prior sale or renting and leasing, unless a separate agreement is made for this purpose.
§ 8 Duplication of activities
The broker is also entitled to act on behalf of the other contracting party subject to commission. In this case, the broker can act as a proof broker for both parties or as a mediator for one party and as a proof broker for the other party.
§ 9 No further agreements
The client confirms that no other tacit or verbal collateral agreements beyond the exposé, the brokerage agreement and these general terms and conditions have been made.
§ 10 Place of jurisdiction
In dealings with merchants, Berlin is agreed as the place of jurisdiction. No place of jurisdiction is agreed for dealings with consumers.
§ 11 Ineffective clauses
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. Insofar as provisions are not part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.