Terms and conditions

§ 1 Commission claim

(1) The company IMMOBILIEN SERVICE MOSEL HUNSRUECK (IMMOHU) (hereinafter referred to as the broker) shall receive a commission for the proof and/or mediation of contract opportunities in the following amounts plus the applicable statutory VAT (currently 19%):
a) 3% of the purchase price for purchase agreements or economically similar transactions
b) 2 months’ net cold rent for private rental, leasing, or economically similar transactions
c) 3 months’ net cold rent for commercial rental, leasing, or economically similar transactions

These are the amounts to be paid by the purchaser/tenant regarding all other benefits and pecuniary advantages, with the exception of ancillary costs and any VAT.

(2) The above commission rates are to be paid to the broker by the purchaser/tenant unless otherwise agreed. They apply insofar as a different commission is not expressly stated in the respective offer.

§ 2 Due date of the commission

(1) The commission is earned upon conclusion of the main contract. It then becomes due for payment.
(2) In the event of default in payment of the commission or reimbursement of expenses, the client shall pay default interest amounting to 5% above the applicable base interest rate of the Discount Rate Transition Act, but at least a total of 10%. The client retains the right to prove that no damage or not such damage in this amount has occurred.

§ 3 Multiple activities

(1) The commission is earned upon conclusion of the main contract. It then becomes due for payment.
(2) In the event of default in payment of the commission or reimbursement of expenses, the client shall pay default interest of 5% above the applicable base interest rate of the Discount Rate Transition Act, but at least a total of 10%. The client retains the right to prove that no damage, or not such damage in this amount, has occurred.

§ 4 Multiple representation

The broker is also entitled to act for the other contracting party on a commission basis.

§ 5 Disclosure of information

The forwarding of information provided by the broker – in particular proof of opportunity – to third parties by the client is only permitted with the broker’s written consent. Otherwise, the client shall be liable – without prejudice to any further claim for damages – for the lost commission if the third party concludes the contract.

§ 6 Awareness of offers

If an offer is already known to the client, they must notify the broker immediately, but no later than within one week of receipt, in writing and stating the source. Any violation of this obligation gives rise to a claim for damages by the broker.

§ 7 Duty to provide information

The client is obliged to inform the broker in writing without delay if they abandon their contractual intentions.

§ 8 Conclusion of the main contract

The client is obliged to inform the broker in writing without delay about the conclusion of a main contract and to provide a copy of the contract.

§ 9 Limitation of liability

(1) 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 two years and begins when the claim arises.
(2) The broker assumes no liability for information contained in exposés, brochures, descriptions, or similar, as these were provided exclusively by the property owner.

§ 10 Contract amendment, written form, miscellaneous

(1) Deviations from or additions to these terms and conditions must be agreed in writing.
(2) Terminations of the brokerage contract must be in writing.
(3) Should any provision of this contract, including these general terms and conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision. The same applies in the case of a contractual gap.

§ 11 Place of jurisdiction

The place of jurisdiction for all disputes between the parties is, insofar as permitted, exclusively the registered office of the broker.