General Terms of Business of Dreiling Executive Real Estate
§ 1 Subject of business
Our focus is on the mediation or the proof of contracts. We also offer consulting activities and services in the area of management and interior design. We dedicate ourselves to the fulfilment of orders with the best possible care, in non-partisan interests of our clients in the context of the generally accepted commercial principles and practices.
§ 2 Commission claim
A contract concluded due to our service or our proof, and with causation suffices, our commission is earned — the commission is due and payable with the conclusion of a contract. Likewise, the commission is considered as due and payable if the prospective customer delivers a modified but binding purchase or lease offer that is accepted by the seller or lessor.
Also to be deemed agreed on are the following:
§ 2.1 We remain entitled to our commission when the contract is not discharged due to the retention of a resignation or for any other reason or expires by a condition subsequent.
§ 2.2 Our requirement for commission continues to be valid if it comes to a conclusion with a proven prospective customer or contracting party/parties to a contract, although contract negotiations were interrupted in the meantime and the company, Dreiling Executive Real Estate, is no longer consulted in later negotiations or someone else continues the negotiations.
§ 2.3 An agreement of offer and conclusion conditions are not necessary.
§ 2.3.1 The entitlement to commission remains existing even if the contract is concluded to other conditions or if instead of the business offered by us, a placement business steps in with economic success in the place of the original business.
§ 2.3.2 Furthermore, a commission claim also arises when the object of the sale is offered, acquired or leased for a clearly lower price, or any other conditions than those of Dreiling Executive Real Estate.
§ 2.3.3 If another contract is concluded instead of a rental or lease contract or in lieu of a purchase contract, a hire or lease or hire-purchase agreement is concluded, our claim to a commission is still valid. The amount of the commission is adjusted in this case pursuant to Section 6 of these terms and conditions.
§ 3 Information obligations
During the notarization and/or conclusion of a contract or lease, Dreiling Executive Real Estate is entitled to attendance at the signing of the purchase, rental or lease as well as a copy of the respective contracts. With sales contracts, we have the right to leave with notarize our claim to commission by a broker clause in the contract.
§ 4 Dual action
We reserve the right to be become active without reservation also for the other Contracting Party against payment.
§ 5 Cooperation
We are also allowed orders in co-operation with third parties, without incurring additional charges for the customer.
§ 6 Fees
§ 6.1 Commission at the conclusion of a purchase contract: 3 to 6 % (plus VAT) of the notarially recorded purchase price.
§ 6.2 Commission upon completion of a housing lease: 2 months’ rent without ancillary costs (plus VAT).
§ 6.3 Commission upon completion of a real estate rental or lease agreement: 2 to 4 months’ rent without ancillary costs (plus VAT).
§ 6.4 Additional consulting activities and services such as in areas of management, interior design and investments, are set by separate agreements.
§ 7 Knowledge
If the recipient has previous knowledge of exposés regarding the object/project offered by us, he has to notify the company, Dreiling Executive Real Estate, in writing within 5 working days, indicating the appropriate source and suitable proof thereof. The date of the postmark is decisive to the deadline. If no valid proof of previous knowledge is provided within this period, our offer is valid as the cause for a later completion.
§ 8 Damages
All offers in the form of quotations or exposés are strictly confidential and intended only for our own use. The prospective buyer is liable to Dreiling Executive Real Estate for the amount of the agreed commission, unless proper notice is given to the third party within the range for him to do so, and a contract is concluded.
§ 9 Double activity
Offers from Dreiling Executive Real Estate are always made to the best of our knowledge and belief and according to the information given to us by the provider — however, we cannot be held liable for the accuracy and completeness of the information. Offers are subject to confirmation and non-binding. We also reserve the right to become active without reservation for the other Contracting Party against payment.
§ 10 Inspection dates
Object presentations and inspections are in principle free for prospective purchase or lease customers. If Dreiling Executive Real Estate and the purchase and/or lease prospective customer agree on an authentic appointment directly on-site at the object or at another location, this appointment becomes the date of the purchase and/or lease. Should a prospective customer fail to show up for the set appointment or cancel it too late after costs have already been incurred, the prospective customer will be liable for all costs such as booking of flights, car rentals, travel costs, etc. for both the representative of Dreiling Executive Real Estate and the owner(s) where applicable.
§ 11 Data protection and privacy
All personal and object data are used only for the processing of the order. The customer agrees to the disclosure of data to third parties if this is necessary for the fulfilment of the order — there will be no other passing on of the data.
§ 12 Amendments and additions
All changes and additions to contracts with Dreiling Executive Real Estate are strictly required to be in written form — verbal sub-agreements have no efficacy.
§ 13 Severability clause
Should individual provisions of the contract be ineffective, it will not affect the validity of the Treaty or the validity of the remaining provisions. The Contracting Parties undertake to replace the invalid provision(s) which meets the economic and legal content of the invalid provision, by a valid provision.