General terms and conditions – Main real estate e.K.
1. Our activity of proof or brokerage is based on the information provided to us by the client or other persons authorized to provide information. We cannot assume any liability for the correctness and completeness. Errors, prior sale, and rental remain reserved.
2. The brokerage contract with us and/or our agent is concluded either via a written agreement or through the use of our brokerage activities in knowledge and on the basis of the property exposé available to you. As well as its conditions or information provided by us.
3. Our proof/brokerage activities, exposés, etc. are exclusively intended for the addressed recipient and are to be treated confidentially. In the case of disclosure to third parties without our agreement, the recipient of our proof/brokerage services is obliged to pay the commission customary locally or agreed. If a third party concludes the transaction without having agreed to a brokerage contract with us; we reserve the right to assert further claims for damages.
4. We are also entitled to act on behalf of the other part of the contract on a commission-based basis. This will occur provided there is no conflict of interest.
5. The right to a commission shall not be affected by the fact that instead of the originally intended transaction, another transaction is concluded, e.g., purchase instead of rent or vice versa; provided that the economic success does not significantly deviate from our offer.
6. The commission is earned and due upon conclusion of the contract in due form and if the case may be, upon the occurrence of any conditions precedent agreed therein or upon the conclusion of an equivalent transaction in connection with the broker’s activities. Our contractual partner must inform us regarding the conditions of acquisition or use.
7. The commission amount depends on the duration of the contract. For rental agreements with a fixed term of up to 5 years: the commission is three times the net monthly rent plus statutory value added tax. For rental agreements with a fixed term exceeding 5 years: the commission is four times the net monthly rent plus statutory value added tax. Should the contract provide for the possibility of a one-sided extension or a space option: the aforementioned rates shall be increased by one net monthly rent plus statutory value added tax in each case.
8. The commission for purchase contracts with a value up to € 5 million is 5% of the notarially certified purchase price including all additional services. For purchase contracts with a total value exceeding € 5 million and up to € 10 million, the commission is 4% of the notarized purchase price including all additional services. For purchase contracts with a total value exceeding € 10 million, the commission is 3% of the notarized purchase price including all additional services.
9. The right of retention and compensation against the brokerage fee claim is not possible. As far as the claim which can be set off is not disputed or has not been legally established.
10. If the recipient is already familiar with the object that we have proven, he/she must inform us of this in writing without delay, i.e., within three days receipt of our proof/exposé. If this is not done, the customer shall reimburse us for all incurred expenses. This is due to the fact that the customer has not informed us of existing prior knowledge by way of compensation.
11. The place of performance and jurisdiction is Frankfurt am Main. German law is exclusively applicable.
12. Should one or more of the preceding provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced between the parties by a suitable provision. Specifically, one that comes as close as possible to securing the economic interests of the contracting parties and does not conflict with the contractual agreement.