General Terms and Conditions of Business
§ 1 Brokerage Contract
Should the buyer take up services in connection with a property offered by IME Consult GmbH which involve presentation or procurement, provision of information for the compilation of a property listing, the conduction of viewing appointments, and negotiation with the seller or their representative, the brokerage contract with the buyer will be governed by the following general terms and conditions of business.
§2 Brokerage Fee
Should a contract of sale be signed as a result of our services, a fee of 3,57 incl. VAT will become due immediately upon conclusion of the contract.
The brokerage fee will be considered earned as soon as the contract requested or a contract of the same commercial nature has been agreed upon as a result of our procurement or presentation.
This will also apply if a contract is concluded with the buyer or contract partner, although the contract negotiations were interrupted in the meantime, and the broker was not required to attend later negotiations, or they were conducted by someone else. The brokerage fee is therefore also due if the broker was only partly involved in the conclusion of the contract.
§3 Drafting a Contract and Attestation
The broker/estate agent has the right to be present at the drawing up of the contract of sale. The broker/estate agent also has the right to be present at the attestation of the contract of sale by a notary. On request, the broker/estate agent has the right to have his claim for a brokerage fee included in the contract as a broker clause and likewise attested.
§4 Prior Knowledge
Should the recipient of a property listing already know the property presented by us, he or she must confirm this in writing by registered post to the company IME Consult GmbH within 6 working days, quoting the source, and with suitable documentary proof.
Adherence to this time limit will be substantiated by the postmark.
Should no proof of prior knowledge be presented within this time period, the property will be deemed previously unknown.
§5 Dual Agency
IME Consult GmbH reserves the right to act on behalf of the other contract partner in return for payment.
§6 Compensation for Damages
All offers in the form of quotations or respectively property listings are strictly confidential, and solely for the use of the client. The buyer will be liable to pay IME Consult GmbH compensation for damages to the amount of the agreed brokerage fee, should he or she pass the offer on to a third party with intent or through negligence, resulting in a contract of sale.
All information pertaining to the property in question is based on information obtained from a third party. For this reason, no liability can be assumed for the accuracy or completeness of the information.
Property listings and other such documents compiled by IME Consult GmbH solely represent non-binding advance information.
Liability is limited exclusively to wilful conduct or gross negligence.
§8 Data Protection
All personal and property-related data will be used solely for the purpose of fulfilling and processing the contract. The client gives permission for the passing on of the data to a third party, provided this is necessary for the fulfilment of the contract. There will be no further transfer of data to any other third party.
§9 Amendments and Additions
Amendments and additions to the contract agreed upon with IME Consult GmbH will only be valid in written form. Verbal agreements will not be valid.
§10 Severability Clause
Should individual contractual conditions be invalid or become invalid, this will not affect the validity of the contract or of the remaining contractual conditions.
The contract partners hereby undertake to replace the invalid condition with a clause which preserves the commercial and legal content of the invalid clause.