Terms and conditions
General Terms and Conditions (GTC) of estateMoments GmbH (hereinafter referred to as the contractor) for prospective buyers/property seekers (hereinafter referred to as the principal)
The General Terms and Conditions set out below are agreed between the Contractor and the Client as the basis for the cooperation (in addition to all other agreements).
§ 1 Dual activity
The owner of the property has commissioned us with the sale. The contractor is entitled to act as an agent for both the seller and the buyer without restriction and subject to commission.
§ 2 Subject matter of the contract
The object of the order is the proof and/or the mediation of the respective contractual opportunity. In the event of success, the client shall pay a commission in the amount stated below.
§ 3 Duties of the Contractor, Content of the Offer
The Contractor shall professionally process the order resulting from this Agreement with the diligence of a prudent businessman. The Contractor shall treat the information provided to it confidentially and shall transmit it exclusively to the property owner and third parties entitled to receive it (e.g. notary or financing advisor). The contractor receives the offer information on the property from the respective owner or third party. The contractor assumes no liability for the completeness and accuracy of this information. All offers are subject to change, subject to prior sale or lease. Binding commitments by the contractor regarding the contractual opportunity must be made in writing in order to be effective.
§ 4 Obligations of the Principal, Prohibition of Disclosure
The principal shall provide all information relevant for the conclusion of a principal contract. The client shall treat the contractor’s offers and information confidentially; disclosure to third parties is not permitted. In the event of disclosure and the resulting conclusion of a contract by the third party, the client shall also be obliged to pay commission. If the disclosure of the offer information is already intended at the time the offer is requested, the client shall immediately inform the third party to whom the disclosure is to be made. Any further disclosure is only permitted with the prior written consent of the contractor. The Client shall inform the Contractor without delay of the conclusion of a main contract for a contractual opportunity proven or brokered by the Contractor, inform the Contractor of the amount of the purchase price and provide the Client with a copy of the contract concluded, approved or confirmed by the Contractor.
§ 5 Amount of commission
Die Provisionshöhe bemisst sich wie folgt:
For sale: 7.14 % of the purchase price, incl. 19 % VAT
When renting commercial premises: 2.38 net cold rents, incl. 19 % VAT
§ 6 Entitlement to commission and due date
The commission payable shall be due for payment in each case upon conclusion of the main contract.
§7 Limitation of liability
Claims for damages are excluded unless the damage was a) caused by the contractor or its legal representatives and vicarious agents intentionally or through gross negligence, b) caused by injury to life, limb or health, c) caused by the breach of contractual obligations which were indispensable for the purpose of the contract, or d) caused by the fact that the contractor has assumed the guarantee for a specific property or service.
or d) is triggered by the Contractor having assumed a guarantee for a specific property or service.
§ 8 Severability clause and place of jurisdiction
If the Client is a merchant or does not maintain a place of residence in Germany, the Contractor’s place of business shall be deemed the place of jurisdiction and performance. The law of the Federal Republic of Germany shall apply exclusively. Should any of the above clauses be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.