General Terms and Conditions

§ 1 Commission

With the legally effective conclusion of the deed of sale, a claim for commission arises on the part of the estate agent with respect to the seller and the buyer. This amounts to 3.57% each, including statutory value-added tax, unless otherwise stated in the property description. The commission is calculated on the basis of the purchase price or the total value of the contract. The conclusion of the deed of sale is analogous to the purchase of the property by means of a compulsory auction, as well as the acquisition of another comparable property belonging to the seller. The estate agent’s commission has been earnt once a notarised deed of sale or a rental/lease contract has been concluded, whether through our mediation or through our providing the address of the seller and/or the property. It is sufficient for our activity to have contributed to the conclusion of the contract. Upon conclusion of a commercial lease agreement, the estate agent is entitled to commission from the tenant. This depends on the lease term and is determined according to the following scale: 2.38 Monatsnettokaltmiete (MNKM – net monthly rent excluding heating, lighting and other service costs) for a lease term of up to 12 months, 3.57 MNKM for 1–3 years, 4.76 MNKM for 3–5 years, 5.95 MNKM for 5–10 years and 7.14 MNKM for a term of 10 years or more. All commission details include 19 % statutory value added tax.

§ 2 Prohibition of disclosure

All information – including the address of the property and the contact details of the seller – is intended exclusively for the client. The client is prohibited from passing documents and information relating to the property on to third parties without the express written consent of the estate agent. If the client violates this obligation and if the third party or other persons to whom the third party has in turn passed on the information conclude the main contract, the customer shall be obliged to pay the estate agent the appropriate commission as specified in in §1, plus value added tax.

§ 3 Prior knowledge

If an interested party is already aware of the possibility of buying or renting a property which we have referred them to, he or she must inform the estate agent of this immediately and provide suitable credible evidence.

§ 4 Dual agency

The estate agent may act on behalf of the seller or landlord as well as for the buyer or tenant in exchange for payment and without any restrictions.

§ 5 Payment date

The commission accrued is payable and due upon signing of the deed of sale or the rental contract. The estate agent shall be entitled to attend the notarisation meeting and to receive a copy of the purchase documents or rental documents.

§ 6 Owner information

The estate agent points out that the property information passed on by him originates with the client and has not been checked for correctness by the estate agent. No guarantee is given for the accuracy and completeness of the information. It is the client’s responsibility to check the accuracy of all information.

§ 7 Limitation of liability

Claims against us for damages are excluded unless they are based on intentional or grossly negligent conduct on our part.

§ 8 Statute of limitations

The period of the statute of limitations for all claims for damages by the client against the estate agent is 3 years and begins at the time at which the act causing the obligation to pay damages to arise was committed. Should the regulations concerning the statute of limitations in individual cases lead to a shorter statutory time period for the estate agent, these shall apply.

§ 9 Severability clause

Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions. In such an event, the parties agree that they will come to an agreement regarding another provision that comes as close as possible to the invalid provision.

§ 10 Place of jurisdiction

The venue and place of jurisdiction is the registered office of the estate agent.