General Terms and Conditions (AGB)

1. Preliminary remarks

The managing director Mr. Marcin Adamek (hereinafter referred to as "broker") assures that he has the legally required prerequisites for exercising an activity as broker according to § 34c GewO. These terms and conditions are the subject of a verbal or written brokerage contract.

2. Scope

The following general terms and conditions apply to all contracts and legal transactions between the broker and the customer. A customer within the meaning of this contract can be both the seller of a property as well as the buyer and the landlord as well as the tenant, who, in compliance with the provisions of the ordering principle, is referred to as an apartment seeker. When a main contract is mentioned, it means a purchase, rental or lease. Insofar as there are individual contractual regulations that deviate from or contradict the provisions of these, the individual contractual regulations take precedence.

3. Realization of the brokerage contract

A written form is not required to conclude a brokerage agreement. A brokerage agreement can also be legally effective if the broker offers the property (e.g. by sending an e-mail exposure), can be considered an broker, determines his claim for commissions in case of success, and the interested party asks him for brokerage services (e.g. expose real estate). In this case, the brokerage agreement is concluded orally and by default. In the case of renting a property, if a commission claim must be made against an applicant for an apartment, a text search request is required from the person seeking an apartment to conclude a brokering agreement. It is not possible to conclude an agency agreement between the apartment seeker and the agent. An agency agreement between the landlord and the broker is concluded when the landlord places a search order and the broker accepts it. In the event of a written brokerage agreement or individual agreement being concluded, the aforementioned agreements shall take precedence over these General Terms.

4. Mutual commitment

The parties endeavor to the best of their knowledge and belief to support the other contractual partner in the fulfillment of his obligation by providing information, information or experience in the best possible way, in order to enable both parties a smooth and efficient workflow. The seller grants the broker power of attorney to inspect the land register, all official files and also to the WEG administrator to exercise rights as they are entitled to him as the owner of the apartment.

5. Power of attorney of the seller

The seller authorizes the broker to inspect the land register, in all official files as well as vis-à-vis the WEG administrator to exercise the rights that they are entitled to as apartment owners.

6. Previous knowledge

When a customer receives an offer of real estate as (expose, teaser, etc.) from an agent, this is considered an effective conclusion of the main commission contract. If the real estate offered is already known to the client, the client is obliged to immediately report to the agent, at the latest within three business days, with the source and documentation (real estate agent, company, address) from which the given property has already been received as a purchase / sale offer. All you need is a letter, email or fax to the broker. If the customer does not deny, report that he is already familiar with this property or pass over, then the reported property becomes the agent's sale object. In this case, the commission contract is successfully concluded and the client is required to pay the appropriate brokerage commission plus VAT.

7. Ban on disclosure of information

All information that the customer receives from the broker is intended solely and exclusively for him. It is therefore expressly prohibited for any information to be passed on to third parties without the broker's written consent. If the customer violates this obligation and a third party to whom he has passed on the information concludes a main contract with the broker's client, the customer is obliged to compensate the broker in the amount of the agreed commission plus VAT.

8. Double activity of the broker

In the event that it is a purchase contract to be brokered, the broker may work for both the seller and the buyer subject to commission. In the case of a rental contract to be brokered, the broker may only be commissioned either for the landlord or only for the tenant.

9. Replacement business, follow-up business

If, instead of the originally intended business, another main contract for another property between the client of the broker and the client of the broker or a knockdown by way of foreclosure comes into effect, the customer is nevertheless obliged to pay the commission to the broker . The same applies if, in the course of contact with the client of the broker and the broker client, further objects of the client become known within 24 months and the broker client acquires, rents or leases one or more of these items. If a commission has been agreed with the client, the client is also obliged to pay the commission to the broker. Furthermore, this regulation applies if a rental or lease agreement is concluded instead of the purchase contract or vice versa.

10. Brokerage commission

Our offers are subject to commission for the investor / buyer / tenant. The commission rate stated in the advertisement or synopsis applies. Our commissions are negotiable. Generally these are:

  • for sales contracts in Germany and abroad, the commission is 7.14% of the notarial purchase price including VAT and is due when the contract is concluded and paid by the buyer to Marcin Adamek. When purchasing a property or a property portfolio with a value of over € 10 million, the brokerage fee is reduced to 4.76%, over € 25 million to 3.57% including VAT. In the case of a rental, there is a flat rate Determination of the proof commission. Comes with the owner / owner of the above Real estate / property other than the originally intended business, the commissions mentioned are also payable.
  • for residential rental properties: 2.38 monthly rents incl. VAT, for graduated rental contracts, the monthly rent based on the total term is calculated as monthly rent
  • for commercial rental properties:
    • with a term of less than 5 years, the commission is 2 monthly rents including additional costs plus 19% VAT (= 2.38 monthly rents)
    • with a term of more than 5 years or unlimited, the commission is 3 monthly rents including additional costs plus VAT (= 3.57 monthly rents)
    • if extension options are agreed, the commission increases by a further monthly rent including additional costs plus VAT (= 1.19 monthly rent)

If other remuneration has been agreed in a written brokerage contract, this is deemed to have been agreed.

The commission claim arises as soon as a purchase, rental or lease is concluded based on the proof or the brokerage. The broker commission is due upon conclusion of the main contract (purchase, rental or lease agreement).

11. Reimbursement of proven expenses

If the desired conclusion of the contract does not come about, the customer is obliged to reimburse the broker for the expenses incurred and proven in the fulfillment of the placed order (e.g. insertion costs, telephone costs, travel expenses, etc.). However, the reimbursement must not exceed 50% of the expected commission.

12. Flat-rate reimbursement of expenses

The broker is entitled to a lump-sum reimbursement of expenses in the amount of 100% of the planned total commission plus VAT if the client continues to violate the contract so severely despite the previous injunction that the broker can no longer be objectively expected to work together.

13. Contractual penalty if the main contract is not concluded

If the broker verifiably arranges a prospective customer and the client does not conclude a main contract with the client, the client must pay the broker a flat rate of 100% of the agreed commission.

14. Commission claim for subsequent cancellation of the main contract

The broker's claim to commission does not lapse if the proven or brokered main contract is subsequently canceled or reversed or canceled by mutual agreement.

15. Consultation clause

Before concluding a main contract, the client undertakes to inform the broker stating the name and address of the intended contract partner. This is to give the broker the opportunity to check whether the main contract has been concluded as a result of his evidence or brokering. Furthermore, the seller grants the broker the right to inspect the land register for a period of 12 months after the main contract has been concluded.

16. Liability, limitation of liability

The broker has not checked the information given to the customer for completeness and accuracy. He has passed on the information he has received from the seller or landlord / lessor or a commissioned third party. It is therefore up to the customer to check the information. The broker assumes no liability for the accuracy of the information.

Liability for negligent behavior of brokers, their legal representatives or vicarious agents is excluded.

17. Limitation

The customer's claims against the broker expire after three years. If the statutory limitation period is shorter in individual cases, this applies.

18. Subsidiary agreements, additional agreements

Each of the contractual partners can request changes to the agreed scope of services from the other contractual partner in writing. Upon receipt of a change request, the recipient will check whether and under what conditions the change can be carried out and immediately notify the applicant in writing of the consent or rejection and give reasons if necessary

19. Severability clause

Should one or more provisions of these terms and conditions or the brokerage contract be invalid or ineffective, the effectiveness of the remaining provisions will not be affected. This also applies if part of a regulation is void or ineffective, but another part is valid or effective. The respectively void or ineffective provision is to be replaced by the one that comes closest to the originally intended and the economic interests of the contracting parties, without contradicting the other agreements.

20. Multilingualism

The legally binding text is the German version.

21. Place of jurisdiction

If the client is a merchant within the meaning of the HGB, the place of jurisdiction is the broker's company headquarters. Otherwise, the legal provisions of the Federal Republic of Germany apply.

AGB

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