Terms and conditions
General Terms and Conditions:
Section 1 : Commission to be paid
(1) The company IMMOBILIEN SERVICE MOSEL HUNSRUECK (IMMOHU) (hereinafter referred to as a broker) receives a commission in the following amount plus valid statutory legal fees for proof and/or brokerage of contractual opportunities. Sales tax (currently 19%):
a) 3% of the purchase price for sales contracts or commercially similar transactions
b) 2 months of cold rents for private rental, leasing, leasing or commercially similar transactions
c) 3-month cold rents for commercial rental, leasing or leasing
These are the amounts to be paid by the object customer in respect of all other grants and monetary benefits, except for ancillary costs and any VAT.
(2) The above commission rates are to be paid to the broker by the object buyer in the absence of a different agreement. They apply unless a different commission is expressly indicated in the respective offer.
Section 2 Payment of the commission
(1) Upon conclusion of the main contract, the commission is earned. It is then also due for payment.
(2) In the event of a delay in payment of the commission or reimbursement of expenses, the client shall pay default interest in the amount of 5% above the respective base interest rate of the discount rate transfer act, but at least a total of 10%. The client reserves the right to prove that damage has not occurred or has not been caused in this amount.
Section 3 Multiple agreement
The broker may also act for the other part of the contract.
Section 4 Disclosure of information
The disclosure by the broker of the information - the proof - to third parties by the client is only permitted after written consent by the broker. Otherwise, he shall be liable - without prejudice to any further claim for damages - in the event of the conclusion of the contract by the third party on the lost commission.
Section 5 Knowledge of offers
If the client is already aware of an offer, he must notify this immediately, but at the latest within one week of receipt, in writing, stating the source. Violations of this obligation constitute a claim for damages by the broker.
Section 6 Obligation to provide information
The client is obliged to inform the broker immediately in writing if he distances himself from his contract intentions.
Section 7 Conclusion of the main contract
The client is obliged to inform the broker immediately in writing of the conclusion of a main contract and to send a copy of the contract.
Section 8 Limitation of Liability
(1) Claims for damages against the broker are excluded, if they are not based on intentional or grossly negligent behavior. The limitation period for claiming damages is two years and begins with the creation of the claim.
(2) The broker assumes no liability for information in exposés, brochures, descriptions, etc., as it was provided exclusively by the object provider.
Section 9 Amendment of the contract, written form, other
(1) Deviations or additions to these terms and conditions must be agreed in writing.
(2) Terminations of the broker's contract must be in writing.
(3) Should any provision of this contract, including these General Terms and Conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
The completely or partially ineffective provision shall be replaced by a provision whose economic success is as close as possible to that of the ineffective one. The same applies in the event of a gap in the contract.
Section 10 Place of jurisdiction
The place of jurisdiction for all disputes between the parties is, to the extent permitted, the sole seat of the broker.
Online Dispute Resolution pursuant to Article 14(1) Of the ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr