2. The brokerage contract with us or our representatives is made either by written agreement or also through the use of our brokerage services. This is done with full awareness of and on the basis of property reports and the relevant conditions or information obtained by us.
3. Our brokerage/mediation services, reports and other related activity are intended for the addressed recipient only and are to be treated confidentially. In the event of disclosure to third parties without our explicit consent and, if they have concluded a transaction without a brokerage contract with us, the parties are required to pay the customary or agreed commission. Our right to claim further damages is also reserved.
4. We are also entitled to act for the other contractual party of the principal contract.
5. The claim on commission is not affected by any changes to the original purchasing purpose (eg. buying instead of renting or vice versa), on the condition that the economic benefit does not significantly differ from our original offer.
6. The commission is due and payable upon execution of the agreement in due form, or upon conclusion of an equivalent transaction effected in connection with the offer submitted by the broker, or on conclusion of an equivalent business transaction that is related to the brokerage work performed by the broker. The terms and conditions of service are shared by our contracted partner.
6a. Unless stated otherwise in the offer, the buyer pays a commission of 6% plus VAT on the contractually agreed total purchase price.
7. Withholding of payment or set-off against commission claims is excluded, as long as the claim remains uncontested or legally final.
8. If the relevant property is already known to the client, he or she must promptly inform us, i.e. no later than within three days of receipt of our introduction or report. If this does not occur, our client is to provide compensation for all expenses that have arisen as a result of this failure to inform us of this prior knowledge.
9. Place of fulfilment and jurisdiction is the place of business of the broker, to the extent permitted by law.
10. If one or several of the above provisions should be or become invalid, this does not affect the validity of the other provisions. The parties shall replace the invalid provision with one that most closely meets the economic interests of the contractual parties and does not run counter to the contractual agreement.