Dipl.-Ing. (FH) Ulrike Müller,
D – 74937 Spechbach
General Terms & Conditions
(Important note: English translation for information purposes only. Legally binding is only the German version.)
Our brokerage activities aim at the arrangement
and/or the supply of contracts.
Our broker's payment is earned and
payable if a contract is reached due to
to our arrangement and supply activities.
We take General Terms and
Conditions as a basis in addition to legal transactions
with our clients in order to
fulfill and put in concrete terms
applicable legal regulations while strictly
adhering to the just balancing of
mutual rights and obligations, aiming at
the rationalisation of the course of business.
The brokerage (fee,
commission) plus VAT becomes due and payable if and as soon as a contract of purchase
or a contract of any kind of use is completed
between seller and buyer due to our arrangement or supply activity.
Before, no costs will incur neither the seller nor the buyer
for the estate agent's activities,
unless the estate agent and his client
have put down a different agreement in writing.
a. Brokerage is earned
as soon as a contract (of purchase, lease, rent, cession or any other use)
has been completed due to our arrangement or supply.
Concurring causility is sufficient.
b. Brokerage is due at the same time
as the purchase price and/or the first part of the purchase price.
The contract of purchase stipulates that brokerage
will be payed into a separate notary trust account
(the charges for this account will be born by the estate agent)
at the same time as the purchase price and/or a part of the purchase price;
the sum on this separate notary trust account will be handed over to the estate agent
when the purchase price or a part of the purchase price
is paid to the seller; the notary will be ordered
not to perform the contract of purchase unless
brokerage has been received on the destined
notary trust account and unless he
has it at his disposal according to the abovementioned
c. Our entitlement to receive a commission
will not be affected by delayed completion of the contract
or by a change of terms as long as the
contractual economic result does not differ substantially
from the contents of our offer.
d. If the negotiating parties enter into
negotiations due to our arrangement or supply activities,
reference has to be made to our activities; the content of these negotiations
will be communicated to us in writing unasked and
e. Our offers are not intended for third parties.
If they are passed on, the interested party who
passed on our offer will be liable up to the full
amount of the attainable commission.
Any document received from us is only intended
for its consignee and may not
be passed on without our prior written agreement.
Violation of this rule may cause claim for damages from our side.
Documents received will be returned immediately at our request.
We have a right of presence at completion of the contract
if completion of contract is due to our activities. The date of completion will be
communicated to us in good time. We are entitled to
receive a copy of the contract and all related
If a commission to us becomes immaterial
(e.g. by way of realization), the client will
notify us immediately in writing. If he fails to
do so, we will be entitled to reimbursement
of additional expenses and sacrifice of time.
Our offers are subject to the information
given to us by our client and must be
checked by the buyer before completion of the contract.
They are subject to alteration, error, prior sale, and not binding.
Claim for damages against us is excluded
except in case of wilfulness and gross negligence.
a. Departure from our "General terms and conditions"
is only effective with written approval.
b. If parts of these terms and conditions should be
inoperative, the validity of the
other regulations will not be affected. Inoperative regulations
will be replaced in analogy by
relevant statutory regulations.
c. Place of performance and legal domicile are at
the estate agent's residence.
d. Subject to German law.