General Terms and Conditions (GTC) of KBC Immobilien GmbH
Preliminary remark
The General Terms and Conditions form the basis for business transactions with our customers. They have the effect of simplifying, accelerating and standardizing the conclusion of contracts by means of a pre-formulated set of rules. For merchants within the meaning of the German Commercial Code (HGB), they also apply to future business relationships without the need for an express agreement.
§ 1 Confidentiality
(1) All information, including the broker's property documentation, is expressly intended for the client. The client is expressly prohibited from passing on the property documentation and property information to third parties without the express prior written consent of the estate agent.
(2) If a client breaches the aforementioned obligation and the third party or other persons to whom the third party has passed on the information conclude the main contract, the client is obliged to reimburse the broker for damages in the amount of the agreed commission lost plus the applicable statutory VAT.
(3) If the customer is already aware of a property that the broker is to prove, the customer must reject the proof to the broker in writing within 5 working days and inform the broker how and when he gained prior knowledge. If the customer fails to fulfill the aforementioned obligation, the broker shall be entitled to the full commission.
§ 2 Owner details
The estate agent points out that the information on the property for sale that he passes on to the client originates from the seller or a third party commissioned by the seller and has not been checked by him for accuracy. It is the client's responsibility to check the accuracy of this information. The estate agent, who merely passes on this information, accepts no liability whatsoever for its accuracy
§ 3 Replacement and follow-up transactions
(1) Commission is also payable for so-called substitute transactions. A substitute transaction exists, for example, if a customer learns of other opportunities from the seller in connection with the broker's activities or concludes a contract with the seller's successor for the proven opportunity or rents instead of buying or buys instead of renting.
(2) Commission is also payable for so-called follow-up transactions. A follow-up transaction exists, among other things, if an extension/change to the concluded contractual opportunity occurs in the not too distant future, for example, if the property was initially only rented and then a sale is concluded or a commercial contract is supplemented by additional space. Full commission is also payable in the case of acquisition by forced sale, acquisition of shares in holding companies and other economically equivalent transactions.
(3) At the real estate agents's request, the client is obliged to include his existing commission obligation to the broker in the purchase agreement.
§ 4 Severability clause
(1) All ancillary agreements must be made in writing.
(2) 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 one part of a provision is invalid but another part is valid. The invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.
The commission agreement / brokerage contract is concluded on the basis of the above General Terms and Conditions of the broker.
As of: December 2019
General Terms and Conditions (GTC) of Kulturbrücke China
Preliminary remark
The General Terms and Conditions form the basis for business transactions with our customers. They have the effect of simplifying, accelerating and standardizing the conclusion of contracts by means of a pre-formulated set of rules. For merchants within the meaning of the German Commercial Code (HGB), they also apply to future business relationships without the need for an express agreement.
§ 1 Confidentiality
(1) All information, including the broker's property documentation, is expressly intended for the client. The client is expressly prohibited from passing on the property documentation and property information to third parties without the express prior written consent of the estate agent.
(2) If a client breaches the aforementioned obligation and the third party or other persons to whom the third party has in turn passed on the information concludes the main contract, the client is obliged to reimburse the broker for damages in the amount of the agreed commission lost plus the applicable statutory value added tax.
(3) If the customer is already aware of a property that the broker is proving, the customer must reject the proof to the broker in writing within 5 working days and inform the broker how and when he obtained the knowledge beforehand. If the customer fails to fulfill the aforementioned obligation, the broker shall be entitled to the full commission.
§ 2 Owner details
The estate agent points out that the information on the property for sale which he passes on to the client originates from the seller or from a third party commissioned by the seller and has not been checked by him for accuracy. It is the client's responsibility to check the accuracy of this information. The estate agent, who merely passes on this information, accepts no liability for its accuracy
§ 3 Replacement and follow-up businesses
(1) Commission is also payable for so-called substitute transactions. A substitute transaction exists, for example, if a customer learns of other opportunities from the seller in connection with the broker's activities or concludes a contract with the seller's successor for the proven opportunity or rents instead of buying or buys instead of renting.
(2) Commission is also payable for so-called follow-up transactions. A follow-up transaction exists, among other things, if an extension/change to the concluded contractual opportunity occurs in the not too distant future, for example, if the property was initially only rented and then a sale is concluded or a commercial contract is supplemented by additional space. Full commission is also payable in the case of acquisition by forced sale, acquisition of shares in holding companies and other economically equivalent transactions.
(3) At the real estate agent's request, the customer is obliged to include his existing commission obligation to the broker in the purchase contract.
§ 4 Severability clause
(1) All ancillary agreements must be made in writing.
(2) 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 one part of a provision is invalid but another part is valid. The invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.
Die Provisionsvereinbarung / Maklervertrag wird auf der Basis der vorstehenden Allgemeinen Geschäftsbedingungen des Maklers geschlossen.
Stand: Juli 2022
