§ 1 The prohibition of disclosure
All information including property verification agent uniquely designed for customers. Information about the object cannot be distributed to the third parties without the prior written consent of the agent. If you think that the client sent information to a third party or third party provides information about the main contract, the beneficiary must pay the broker a commission including VAT (value-added tax).
§ 2 Double action
The broker may act in the interests of the seller as well as in the interests of the buyer.
§ 3 Information on the owner
The broker notes that the information received from the seller or from authorized third party vendor, has not been tested for accuracy and reliability. Verification of information is the responsibility of the client. Broker of the transaction is not responsible for the accuracy of the data provided by the seller.
§ 4 Required information
If the transaction involves the contractor's work the seller (owner) shall notify other side before the conclusion of the proposed contract of sale. Customer hereby gives authority to the agent familiar with the land register, official documents, in particular, the design and estimate documentation and legal documents which he can use as the owner of the object.
§ 5 Changing the type of transaction
There is an obligation to pay the commission in accordance with our contractual prices for the replacement of the type of transaction. For example, if the client receives information about the possibility of concluding another contract or the possibility of concluding a contract with a successor during the process, client will be charged a replacement fee for the changing the type of transaction. In this case the commission must be financially equivalent to the requirements developed by the case law.
§ 6 Reimbursement
The client is obliged to compensate the broker all additional costs incurred (advertisement in the media, advertising on the Internet, telephone charges, postage and shipping charges, property inspection) if the contract is not concluded.
§ 7 Limitation of liability
Agent’s responsibility is limited to gross negligence or willful misconduct if the client received a serious injury or death caused by negligence by the fault of the agent.
§ 8 Limitation
The limitation period for claims for damages from the client to the broker is 3 years. Period shall be calculated from the date of the contested action. In some cases the broker may apply a shorter limitation period.
§ 9 Jurisdiction
According to the Commercial Code the broker and the client are registered traders. Accordingly the fulfillment of all obligations arising from the contractual relationship as well as any claims and lawsuits going on at the registered office of the broker.
§ 10 Severability
If one or more of the above provisions are invalid this shall not affect the validity of the remaining provisions. This is true even if one part of the control is not effective. Corresponding to the invalid provision shall be replaced by the parties to a situation based on the economic interests of the parties.
3. Based on the principles of creating individual agreements on freedom to enter into contracts, the so-called individual policy conditions have priority over the general terms and conditions. Brokerage Contract Law crosses the principles of freedom of contract and can be adjusted by means of individual contracts. However to establish separate agreements are very difficult. Individual Contract should be free to stipulate to identify different interests, beliefs, opinions of the parties to be able to clarify and formulate the initial conditions of the contract by mutual agreement. To prove the negotiation clause requires evidence. For example at the conclusion of the contract with the broker is the only agency agreement on a simplified form where each item is negotiated separately. The agreement is sent for signature to the customer within 2 days and is recognized by the courts of all jurisdictions.
a. The signing of an agreement with the agency only restricts the freedom of the client to work with other agencies throughout the term of the contract. Ban proprietary trading operations means that only qualified broker has the right to make sale transaction. The signed agreement involves the search for an object (for purchase) and a potential buyer (for sale), consulting, crediting the value specified in the agreement of sale to the bank account. Breach of the agreement usually leads to the payment of commission in full.
b. In case of purchase mortgaged property broker makes an additional agreement. This is necessary because the contractual right gives the broker a commission for mortgaged objects (§ 652 I S. 1 German Civil Code) but not to purchase the item in the context of a sovereign act, namely as an additional charge in the purchase. This equally applies to the acquisition of land.
c. In the so-called cross-integration facts or cases where the customer becomes aware of the circumstances shortfall broker commission, the customer must pay the due commission. Cases of interdependence, as a rule, entail the successful completion of the transaction and are legally valid title deed.
d. In case of successful completion of the transaction fee payment is made on the basis of results in the framework of contract law. One of the parties of the agency contract is the customer who is free in his decisions and is obliged to pay a fee in case of successful completion of the transaction. Thus, certain conditions can provide the service in advance. The communication of commission and broker’s performance regulated by the new decision of the Federal Court of Germany from 12.10.2006 No. 331/04 ZR III, in which the Supreme Court explained that for the sale of the real estate client must pay a commission to the broker in any case, even if ultimately the deal was done without the direct involvement of an agent.