Terms and Conditions

General Terms and Conditions between Immobilienteam Niederrhein GmbH (referred to as the broker) and the customer as a consumer

§ 1 Prohibition of disclosure
All information, including the broker's property details, is expressly intended for the customer. The customer is expressly prohibited from passing on the property details and property information to third parties without the express consent of the broker, which must be given in writing in advance. If a customer violates this obligation and the third party or other persons to whom the third party has passed on the information conclude the main contract, the customer is obliged to pay the broker the commission agreed with him plus value added tax.

§ 2 Dual agency
The broker may act on behalf of both the seller and the buyer on a commission basis.

§ 3 Owner information
The broker points out that the property information provided by him originates from the seller or a third party and has not been checked by him, the broker, for accuracy or completeness. It is the responsibility of the customer to check this information for accuracy and completeness. The broker, who only passes on this information, accepts no liability for its accuracy.

§ 4 Duty to provide information and granting of power of attorney
The client (owner) is obliged to check with the broker before concluding the intended purchase contract, stating the name and address of the intended contractual partner, whether the introduction of the intended contractual partner was initiated by the broker's activities. The client hereby grants the broker power of attorney to inspect the land register, official files, in particular building files, and all rights to information and inspection vis-à-vis the WEG administrator, as to which the client is entitled as the owner of the apartment.

§ 5 Replacement and follow-up transactions
The client shall also be obliged to pay commission in accordance with our agreed commission rates in the event of a substitute transaction. Such a transaction exists, for example, if, in connection with the activities carried out by the broker, the client learns of another opportunity to conclude the main contract from his potential main contractual partner, who has been identified by the broker, or concludes the main contract with the legal successor of the potential main contractual partner on the basis of the identified opportunity, or purchases the identified property instead of renting or leasing it, or vice versa. lease it or vice versa. In order to trigger the commission obligation in the case of substitute transactions, it is not necessary for the transaction subject to commission to be economically equivalent to the originally intended transaction within the meaning of the requirements developed by case law on the concept of economic identity.

§ 6 Reimbursement of expenses
The client is obliged to reimburse the broker for the verifiable expenses incurred in the fulfillment of the order (e.g., exposé costs, advertisements, website, telephone costs, postage costs, property viewings, and travel expenses) if a contract is not concluded and insofar as the claim for reimbursement of expenses has been agreed upon.

§ 7 Limitation of liability
The broker's liability is limited to gross negligence or intentional conduct, provided that the customer does not suffer physical injury or lose his life as a result of the broker's conduct.

§ 8 Limitation period
The limitation period for all claims for damages by the customer against the broker is 3 years. It begins at the point in time at which the action triggering the obligation to pay damages was committed. If the statutory limitation provisions lead to a shorter limitation period for the broker in individual cases, these shall apply.

§ 9 Place of jurisdiction
If the broker and the customer are registered traders within the meaning of the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the registered office of the broker.

§ 10 Severability clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if part of a provision is invalid but another part is valid. The invalid provision shall be replaced by a provision between the parties that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.