General Terms and Conditions

  1.  The following provisions become a part of the contract between Homes & Residences GmbH and the Estate Agent's Customer through the effective inclusion thereof.
     
  2.  All information passed on by Homes & Residences to the Estate Agent's Customer is solely intended for him or her. The Estate Agent's Customer undertakes not to disclose information concerning people interested in purchasing and/or selling property or exposés to third persons, unless the Estate Agent's Customer has obtained written permission to do so from an agent authorised in writing by Homes & Residences. If the Estate Agent's Customer discloses confidential information to third persons who then conclude the main contract with the person interested in buying or selling property, the Estate Agent's Customer shall be fully liable to pay commission to Homes & Residences (see provisions below) as though the main contract had been concluded between the Estate Agent's Customer and the main contracting party.
     
  3. The claim of Homes & Residences to commission from the Estate Agent's Customer shall become due and payable upon the effective conclusion of the main contract between the Estate Agent's Customer and the person interested in buying or selling property. Unless otherwise stated in the exposé or otherwise agreed in writing between Homes & Residences and the Estate Agent's Customer, the amount of commission agreed between the Estate Agent's Customer and Homes & Residences is as follows:

    3.57% (incl. 19% VAT) of the purchase or sales amount agreed in the main contract.

    2.38 months' net rent (incl. 19% VAT) of the rent agreed in the main contract.

    3.57% of the capitalised ground rent (incl. 19% VAT) for the holder of the ground lease for property sold on the basis of information or agency services provided by Homes & Residences.

    The commission rates stated include the currently applicable value-added tax of 19%. Should the statutory value-added tax change, the commission rates shall be adjusted accordingly at the time of the change.
     

  4. The commission stated above shall become due and payable even if a contract other than the originally planned contract is concluded for the property let or sold on the basis of information or agency services provided by Homes & Residences which is identical to the originally planned contract in commercial respects.
     
  5. The Estate Agent's Customer is obliged to reimburse to Homes & Residences all documented expenses incurred during the execution of the order (e.g. newspaper adverts, internet appearance, telephone costs, postage charges, documented travelling expenses) if the order placed with the Estate Agent terminates before the conclusion of the main contract, unless Homes & Residences is responsible for the termination, whereby its fault is limited to intent and gross negligence except in the case of a breach of essential contractual duties.
     
  6. Homes & Residences does not have a duty to investigate information provided to Homes & Residences by the Estate Agent's Customer during the execution of the order. Claims for damages asserted against Homes & Residences by the Estate Agent's Customer that are based on incorrect information provided by the Estate Agent's Customer are excluded. The Estate Agent's Customer shall hold Homes & Residences free and harmless of claims for damages by the party to the main contract or third parties insofar as these are based on incorrect information provided by the Estate Agent's Customer or on other circumstances within the sphere of influence of the Estate Agent's Customer.
     
  7. Unless otherwise agreed in writing, the prior sale or prior letting of the property under the contract by Homes & Residences is possible.
     
  8. Should individual provisions be invalid, this shall not affect the contents of the remaining General Terms and Conditions.