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1. Quotations |
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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. |
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2. Precognition and causality |
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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. |
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3. Development of the commission
claim |
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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.
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4. Maturity of the commission |
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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. |
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5. Commission rates |
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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. |
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6. Exclusive order |
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All conditions for exclusive orders, which are conferred
on us, shall be agreed upon within the framework of
individual contracts. |
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7. Activities regarding the first
part of the contract |
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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. |
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8. Contractual negotiations and conclusion
of contract |
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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. |
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9. Termination of the order |
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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. |
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10.
Clause of partial nullity |
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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. |
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11. Place of fulfillment and venue
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The
place of fulfillment and venue shall be Munich.
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