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Dipl.-Ing. (FH) Ulrike Müller, Estate agent
Epfenberghöhe 5
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.

  1. 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 regulation.

    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 immediately.

    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.

  1. 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.

  1. 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 collateral agreements.

  1. 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.

  1. 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.

  1. 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.

01.06.2004

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