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Terms & conditions

1. By placing an order, the client agrees to the following terms and conditions.

2. An order does not require any specific form; it is also established simply by the utilization of our services.

3. Acceptance of our brokerage services or the information provided in our offers, as well as the use of evidence or leads supplied by us, is sufficient to establish a brokerage contract subject to these terms and conditions.

4. We undertake to handle orders with the diligence of a prudent businessperson and will treat all documents confidentially, insofar as this is compatible with the execution of the order.

5. The client undertakes to treat all our communications and documents as strictly confidential. If a third party gains knowledge of our communications—or even just the address—through the client (or recipient) or with their approval, and subsequently concludes a transaction or obtains another economic advantage as a result, the client shall pay us the agreed brokerage fee without the need for us to prove actual damages.

6. Subject to their consent, we will disclose the names of the respective owners upon request.

7. Direct contact with the contractual partner (owner or prospective party) may only be established with our consent. We must be informed without being asked of any direct negotiations and their content.

8. We are entitled to be present at the conclusion of the contract and to receive an immediate copy or transcript of the contract and all related ancillary agreements, insofar as these are relevant to the calculation and due date of the brokerage fee. We must be notified immediately of any oral agreements of this nature.

9. If the client is already aware of the opportunity to conclude a contract that we have identified or brokered, they must notify us of this in writing within one week of receipt, enclosing proof of such prior knowledge. Otherwise, the client may no longer rely on such prior knowledge. 10. In the case of exclusive mandates, any prior knowledge of the property on the part of the client (interested party) is irrelevant. Consequently, the client is obliged to pay us the corresponding commission in accordance with these Terms and Conditions in such cases as well.

11. We are entitled to act on behalf of the respective contractual partner as well, whether for a fee or free of charge.

12. We may continue to send further property offers until such time as this permission is revoked. The same conditions apply to all properties subsequently identified or introduced by us.

13. Accrual of the commission claim:
Upon the conclusion of a purchase, lease, or other contract resulting from our identification of the property and/or our brokerage services, the specified commission for identification or brokerage is earned, due, and payable on the day the contract is concluded.
If no specific commission amount has been agreed upon, the following commission rates apply:
A.)
For purchase contracts:
Domestic: 3.57% including 19% VAT, subject to a minimum of €4,500.00.
B.)
For lease/tenancy contracts (based on the base rent excluding utilities):
Residential sector: two months' rent including 19% VAT;
Commercial sector: three months' rent including 19% VAT.
Otherwise, customary local commission rates apply.

14. The commission calculation is always based on the total economic value of the contract, including all related ancillary agreements. The applicable VAT becomes due in addition to the commission payment.

15. If the seller succeeds in increasing the original purchase price—or the purchase price we had negotiated at a lower level—the aforementioned percentage-based remuneration is calculated based on the final purchase price.

The right to a commission also applies if a transaction serving the same economic purpose is concluded and the same economic outcome is achieved as a result. This applies in particular if the property identified by us is acquired through a compulsory auction or if, for example, a sublease agreement is concluded with the tenant instead of a contract with the owner.

We are also entitled to the full commission if we contributed to bringing about the concluded contracts.

This applies especially in cases where further transactions are concluded with the interested parties identified by us within three years of the conclusion of the initial contract brokered by us, provided such transactions are economically related to the initial assignment or subsequent assignments.

An economic connection is deemed to exist whenever the contact established by us leads to further contracts that are subject to a commission payable to us under these General Terms and Conditions.

16. The claim also arises if the transaction is concluded—wholly or in part—not by the client personally, but by their spouse, close relatives, or relatives by marriage, or by natural or legal persons with whom the client maintains close corporate, contractual, or economic ties.

17. In the case of international transactions, if a preliminary contract or main contract (promise to purchase or purchase contract) is concluded without notarization, the commission is payable on the very day such contract is concluded.

18. In the case of binding notarized offers to purchase or sell, the full commission is likewise due immediately.

19. The claim also exists if the brokerage activity was a contributing factor to the transaction or if the contract is concluded only after the brokerage activity has ended. It is not required that the terms of the offer and the terms of the concluded contract match.

20. Claims for damages against us are excluded, except in cases of gross negligence. As we must rely on information provided by third parties for all details, we cannot guarantee the accuracy or completeness thereof. Offers are subject to change without notice, as we cannot guarantee that the property will not be sold to another party in the interim.

21. Right of Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you informed us of the exercise of the right of withdrawal in respect of this contract, compared to the full scope of the services provided for in the contract.

Note regarding the premature expiry of the right of withdrawal
In the case of a contract for the provision of services, your right of withdrawal expires prematurely if we have fully performed the service and only began performance of the service after you had given your express consent and simultaneously acknowledged that you would lose your right of withdrawal upon complete performance of the contract by us.

22. Agreements to the contrary shall only be valid if confirmed in writing by the broker.

23. The place of jurisdiction is Kusel.