General Terms and Conditions 

  1. Quotations

We ensure that we have been commissioned and authorized by the owner or his or her representative to offer the object on the conditions mentioned. The information stated in our quotation is based on the data forwarded to us by the seller. Consequently, we do not assume liability for its correctness and completeness. Our quotations shall be subject to confirmation and are noncommittal. Errors, prior sale and/or prior lease remain subject to change. All of our quotations and any other notifications are solely meant for your - the addressee's - use and shall thus be treated confidentially. Circulation to any third party shall require our written consent. In case a contract should be concluded with the proven owner of the object or his or her representative following unauthorized circulation, you shall be obliged to compensate us for the damage which corresponds to the commission lost.

  2. Precognition and causality

In case you have already recognized a verified opportunity for the conclusion of a contract, you shall be obliged to promptly notify us by means of disclosing the source of information. In case we receive no notification, the circulation of our information to the party interested shall be considered as partially causal to the successful conclusion of a contract, and shall as such justify your obligation to pay commission. In case an object offered by us will be offered to you directly or through third parties at a later time once again, you shall be obliged on the other hand to enforce the precognition acquired through us towards the seller and to reject any potential third-party estate agent services with respect to our objects.

  3. Development of the commission claim

A commission claim shall also be considered in the case that, provided the identity of the content is maintained, a contract other than the contract offered will be concluded. Insignificant deviations as regards factual, economic, financial and legal matters shall not affect the commission claim. The obligation to pay the remuneration agreed upon shall also be effective in the case of an object diversity (conclusion of a contract for another object owned by the party to the agreement) as the party interested could only receive information upon presentation of our quotation which informs about the existence of the seller/lessor and his or her name and was therefore not able to conclude a contract with him or her previously.

  4. Maturity of the commission

Our commission shall be due upon certification and/or conclusion of the contract. Several clients shall be jointly and severally liable for the entire commission. The commission shall be paid without deduction eight days after the presentation of the invoice. In case of any delay, interest on arrears shall fall due amounting to 3.5% p.a. above the current central bank discount rate.

  5. Commission rates

Real estate commissions including VAT shall be paid as follows:
- upon buying and selling
3.57% of the contractually agreed total purchase price of the house and real estate as well as freehold flats
3.57% upon the first justification of residential property, calculated on the basis of the total price and/or total expenses for the real estate and building work including ancillary services: by the purchaser
3.57% building leases, calculated on the basis of the value of the real estate and potential superstructural parts: by the purchaser
1.19% right of preemption, calculated on the basis of the market value of the object: by the authorized person
- upon letting and leasing, payable by the tenant/leaseholder
2.38 monthly rent, net (including VAT) for objects in the housing industry
3.57 monthly rent, net (including VAT) for commercial objects
The rent also includes all other contractually agreed grants reflecting monetary value with the exception of consumption costs and extras as well as VAT. All commission rates mentioned above include the currently effective VAT. In case the tax rate should be altered, the tax rate which is in effect at the time of the maturity of our commission invoice shall be considered to be agreed upon.

  6. Exclusive order

All conditions for exclusive orders, which are conferred on us, shall be agreed upon within the framework of individual contracts.

  7. Activities regarding the first part of the contract

We shall be entitled to become active with a view to the other part of the contract in an unlimited manner and shall receive payment for it.

  8. Contractual negotiations and conclusion of contract

If, due to our proof and/or brokerage activities, direct negotiations with the party appointed by us are initiated, our activities shall be referred to. We shall have the right to be present during the conclusion of contract. Moreover, we shall be notified about the date in due time. Furthermore, we shall have the right to be presented a copy of the contract and of all associated additional agreements.

  9. Termination of the order

In case an order placed by us becomes invalid, the client shall be obliged to promptly inform us in writing. Any behavior contradicting the terms of the contract from the part of our client shall entitle us to claim for compensation for material and time consumed by us. The compensation for our time spent shall be measured in accordance with the compensation of sworn experts.

  10. Clause of partial nullity

Should individual terms and conditions become ineffective, the effectiveness of all other terms and conditions shall remain unaffected. Potentially ineffective provisions shall be replaced by the relevant legal provisions that come next to the original provisions.

  11. Place of fulfillment and venue

The place of fulfillment and venue shall be Munich.



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© 2000-2011 Labusch Immobilien Ltd.
A member of the Labusch Immobilien AG