General Business Conditions of the Immomaxx® Real Estate Center
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§ 1 Terms and Conditions
1) The services and proposals of the broker are exclusively based on these business conditions. Therefore, these also apply to all future business relations even though they may not be specifically arranged again.
2) These general business conditions are exclusively in force. General business conditions of the client apply only when the broker has agreed specifically in writing with them.
§ 2 Contract Conclusion
1) The following provisions will be considered to be in effect by virtue of utilization of the broker activity (i.e., queries, examinations, placement of an object on the webpage, or acceptance of the offer) and/or receipt of negotiations based upon the offer with the salesman enacts the broker contract with the interested party (hereby referred to as "client") according to the following conditions.
2) All agreements that are encountered between the broker and the client for the purpose of execution of this contract are to be placed in writing.
§ 3 Subject Matter of Contract
The activity of the broker comprises the settlement, or the proof of purchasing and selling of homes and property as well as condominiums, the purchasing and selling of retail businesses, partnership and business loans, of right and pre-emption, of heritable building rights, of rental and leasing of dwellings and commercial rooms, and of option rights over living spaces or commercial rooms. Additionally, this includes the procurement of mortgage loans, administration of homes and property and the maintaining the availability of objects offered on the international immomaxx® internet stock exchange ("Internet Stock Exchange").
§ 4 Property Data / Property Details
1) All offers of the broker are subject to change and non-binding as well as being determined to be exclusive for the addressee. The statements contained in the offers are given with the best intentions and consciousness and are without guarantee for their correctness.
2) Exposé statements and other information are based exclusively upon the information delivered by the salesman and/or landlord. For this the broker accepts no liability. The client assumes all responsibility for proofing the correctness of all statements prior to the conclusion of the contract.
§ 5 Obligations of the Contract Partner
1) The client is obligated to view all verified broker objects only with their approval and in their presence.
2) As soon as a contract conclusion for an object offered by the broker comes into being, the client must immediately notify the broker of said contract conclusion.
3) The bidders of objects are obligated to make available the object data both accurately and truthfully, as well as informing the immomaxx® real estate center (the operator the Internet Stock Exchange) immediately if the object becomes no longer available.
§ 6 Justifiable Double Activity
The broker is unrestricted from being entitled to becoming the commissioned contractual partner for additional parties.
§ 7 Right to Commission
1) The client is obligated to the commission payment if, through the settlement or the proof of the broker, a contract comes into being. It suffices if the conclusion of the contract by the broker was by casual means.
2) The client is also obligated to the commission payment if the broker realized one of the activities itemized in paragraph 3.
3) The commission claim is not affected when the conclusion of the contract is scheduled after expiration of the broker contract.
4) The commission claim is not affected when the conclusion of the contract results in deviating conditions, so far as the same economic result occurs.
5)In accordance with the terms of paragraph 3, the conclusion of a contract corresponds with the purchase of the object and the transmission of real or imaginary holdings.
6) The invoices presented by the broker are due without reduction or delay. In realization of a lease, the commission is due immediately after conclusion of the contract. In the case of non-payment, the client will be considered to be in default 14 days after the due date without further explanation by the broker.
§ 8 Right of Commission Amounts
The commission fees required from the client are calculated as follows:
1) Fees for the mediation of and on the sale of homes and property as well as condominiums, both for the salesman and the buyers, equate to 3% of the purchase price plus 19% sales tax. Included in the purchase price are the prices arranged for inventory and accessories (even when so arranged in separate contracts).
2) Fees for the mediation of sale and purchase options for the beneficiary of the object amount to 1.5% of the object value plus 19% Value Added Tax (VAT);
3) Fees for the mediation of hereditary building rights for owners and for persons holding the hereditary building rights amount to 3% of the object value plus 19% VAT;
4) Fees for the mediation of rentals and leases of dwellings for the lessee equates to 2 months base rent plus 19% VAT;
5a) Fees for the mediation of rentals and leases of commercial spaces for the lessee with a contract duration of up to 5 years equates to 2 months base rent plus 19% VAT;
5b Fees for the mediation of rentals and leases of commercial spaces for the lessee with a contract duration longer than 5 years or with a contract longer than 5 years which includes a 5 year rental option equates to 4 months base rent plus 19% VAT;
5c) Fees listed in 5a and/or 5b with respect to mediation of option rights for living spaces or commercial spaces as well as the mediation of extensions for rental and or leasing contracts of commercial spaces;
6) Fess for mediation of mortgage loan for borrowers equates up to 1.5% of the loan sum plus 19% VAT
7) Fees for the mediation of and on the sale of businesses, partnerships and business loans equate to 6% of the business value, including inventory and stock, and the respective loan amounts plus 19% VAT. This amount is, dependent upon agreement, carried only from one side or proportionately by both sides;
8) Fees for administration of houses and properties for the clients are 6 - 10% of the nominal rent plus 19% VAT. Additionally, there is a € 51.13 remuneration fee per object each month plus 19% VAT.
§ 9 Notary Certification and Conclusion of Rental Contract, Respectively
The broker has the right to participate in the conclusion of the purchase and/or lease contract and the right to participate in the execution of the purchase and/or lease.
§ 10 Confidentiality Agreement
1) Offers, communications, supporting documents and all contract data are determined to be exclusively for the client personally and will therefore be treated with utmost confidentially.
2) The dissemination of information to third parties is allowed only with the specific permission of the broker.
3) If the client disseminates information provided to him to third parties without the written approval of the broker, he is obligated to the full commission payment if this third party undertakes the business itself. This also applies if an additional third party attains information provided by the first third party and undertakes that business.
§ 11 Liabilities
1) The broker is liable for cases of gross negligence and intent by the broker, or his representative, or auxiliary persons according to legal determinations. Additionally, the broker is liable only in cases of loss of life, bodily injury, damage to health, or due to negligence of his essential contract responsibilities. The compensation claim for the injury of essential contract duties is limited however, to typical foreseeable injury, as long as not when simultaneously, a further case of compelling liability according to sentence 1 or sentence 2 of this paragraph exists.
2) The conditions of paragraph 1 apply to all compensation claims (especially for compensation lateral to the service and compensation instead of service), due to any legal cause, especially because of deficiencies, the injury of the responsibilities of the obligations, or from prohibited action. This also applies to the claim to reimbursement of expenses occurred in vain. The liability for delay determines itself according to paragraph 14, the liability for impossibility according to paragraph 15.
3) A change of the burden of proof to the disadvantage of the client is not associated with the preceding conditions.
§ 12 Liability for Delay of Services
1) The broker is liable for the delay of services in cases of gross negligence and intent by the broker, or his representative, or auxiliary persons according to legal determinations
2) Beyond the cases of paragraph 1, liability of the broker due to delay in services is limited to compensation lateral to services to 5% of the value of the services and for compensation instead of services to 15% of the value of the services; additional claims of the client are excluded, even when such claims occur outside the time frame set by the broker. The preceding limitations do not apply in liability cases of loss of life, bodily injury, or damage to health.
3) A change of the burden of proof to the disadvantage of the client is not associated with the preceding conditions.
4) The preceding conditions also apply to reimbursement of expenses occurred in vain.
§ 13 Liability for Impossibilities
1) The broker is liable for impossibility of the services in cases of gross negligence and intent by the broker, or his representative, or auxiliary persons according to legal determinations.
2) Beyond the cases of paragraph 1, liability for impossibilities of the broker is limited to compensation and/or reimbursement of expenses occurred in vain to 10% of the value of the services. Additional claims of the client due to impossibility of services are excluded. The preceding limitations do not apply in liability cases of loss of life, bodily injury, or damage to health.
3) A change of the burden of proof to the disadvantage of the client is not associated with the preceding conditions.
4) The right of the client to withdraw from the contract remains untouched.
§ 14 Jurisdiction, Place of Fulfilment, Applicable Law
1) Jurisdiction is (as long as the client is a merchant or has no general jurisdiction in the Federal Republic of Germany) the seat of the broker.
2) The place of fulfilment for the mutual obligations of this contract is the seat of the broker.
3) Any legal relations between seller and buyer are governed by the law of the Federal Republic of Germany.
§ 15 Severability Clause
Should certain conditions of this contract be, or become, invalid, the validity of the remaining conditions remain untouched. In this case, the invalid condition and, if necessary, the manner of the validity reduction, is to be replaced by a valid condition that corresponds to the economic sense and purpose of the invalid condition or comes closest to it. The same applies if, in the execution of this contract, a lapse requiring amendment becomes obvious.
