AGB

All offers are made on the basis of the following terms and conditions. They are accepted by the recipient if they make use of these offers, e.g. by accepting an offer or a notification (in writing or verbally) regarding the object/offer in question.

1. Offers

Our offers are based on the information provided to us by the client. We cannot accept any liability for the accuracy and completeness of this information. Errors and prior sale/rental are reserved.

Furthermore, we explicitly refer to our privacy policy.

2. Prior knowledge of the recipient of the offer

Our offers are intended exclusively for the recipient of the offer and may not be passed on to third parties without our written consent. If the offer is passed on to third parties—even in part—without our consent, the person passing on the offer shall be liable for the full commission if a contract is concluded.

3. Acting on behalf of the other contracting party

We are entitled to act on behalf of the other party to the contract in return for commission.

4. Other business/Other matters

Our commission claim shall not be affected by the fact that a transaction other than the one originally intended is concluded (purchase instead of rental or vice versa, acquisition in a foreclosure sale instead of purchase, etc.), provided that the economic success does not deviate significantly from our offer. The same applies if a transaction other than the intended one is concluded with the buyer or seller or the tenant or landlord.

5. Commission

Our commission claim exists and becomes due as soon as a contract has been concluded or notarized on the basis of our evidence or our brokerage regarding the property named by us. A contributory cause of our activity is sufficient.

The keys to the brokered property are usually handed over by the broker and only after the brokerage commission has been paid in cash. The commission amount is payable without deduction within 10 days of the invoice being issued. Multiple clients are jointly and severally liable for the agreed commission.

The commission claim shall not lapse if the contract expires due to the occurrence of a condition subsequent or if a right of withdrawal is exercised, provided that the other party is responsible for the withdrawal. If a right of rescission is exercised by the recipient of the offer (our customer) that is not based on fraudulent misrepresentation on the part of the other party, our commission claim shall be replaced by a claim for damages against the party exercising the right of rescission.

If the contract is concluded on terms other than those originally offered by us, or if it is concluded for another property of the contractual partner identified by us, this shall not affect our commission claim, provided that the transaction concluded is economically identical to the one offered by us or deviates only insignificantly from the offered transaction in terms of its economic success.

The same applies if a contract type other than the one originally intended is concluded as a result of our brokerage activities.

6. Commission rates

Unless otherwise stated, the commission is as follows:
– for the rental and successful search for residential space: 2.38 NKM incl. VAT
– for the rental of commercial space: 3.57 NKM incl. VAT
– for the sale of residential/commercial property: by agreement with the client, normally 6% plus VAT of the sale price, 3.57% including VAT payable by the seller and 3.57% including VAT payable by the buyer.

Individual agreements are possible and common.

7. Contract negotiations and conclusion

We are entitled to be present when the contract is concluded; therefore, we must be notified of the date in good time. We are also entitled to receive a copy of the contract and all related side agreements. If contract negotiations and/or the conclusion of the contract take place without our presence, the customer is obliged to provide information about both the status of the contract and the terms and conditions of the contract.

8. Miscellaneous

Claims for damages against the broker are excluded unless they are based on intentional or grossly negligent conduct. The limitation period for asserting claims for damages is 3 years and begins when the claim arises.

The broker accepts no liability for information contained in exposés, brochures, descriptions, etc., as this information has been provided exclusively by the property provider.

Any deviations from or additions to these terms and conditions must be agreed in writing. Termination of the brokerage agreement must be made in writing.

9. Place of jurisdiction

The place of jurisdiction is Stuttgart.

10. Severability clause

Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the relevant statutory provisions.

M.Maile Immobilien GmbH