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  • Engel & Völkers Berlin Residential

    Engel & Völkers Berlin Mitte GmbH | General Terms and Conditions

    1. The brokerage contract between the client and us shall be concluded by written agreement or by agreement in text form. If no other arrangements follow from other agreements, the contract with the seller or the lessor has a term of six months and shall be extended automatically for another month unless it is terminated in writing or in text form by one of the parties no later than four weeks prior to the end of the contract.

    2. During the term of the brokerage contract, the client shall not be entitled to commission other brokers with referral and/or brokerage services relating to the property covered by the contract. In case of culpable violation of this provision, the client is liable for the damage thereby incurred in accordance with statutory regulations.

    3. Our referral and/or brokerage services are rendered on the basis of our appointment by our contractual parties or details and information provided by other authorized informants. No liability is assumed for this. Errors and/or prior sale or lease may be expected.

    4. We shall be entitled to render commissionable services to the other party of the principal contract, provided there is no conflict of interests or legal exclusion.

    5. Our entitlement to the commission shall not be affected if, through our referral and/or brokerage services, a rental, leasing or similar usage agreement for the property covered by the contract is concluded between the parties of the principal contract instead of the originally desired sale agreement, as long as no legal exclusion applies. In this case, the standard brokerage according to Sec. 653 Para. 2 German Civil Code shall be considered owed.

    6. If at the conclusion of the brokerage contract the client has knowledge of a contractual opportunity with regard to the offered property as well as the contractual readiness of the other contracting party to the principal contract (prior knowledge), or if they acquire this knowledge from a third party during the term of the brokerage contract, they must notify us of this immediately.

    7. Our property descriptions, the property- and contract-related information provided by us and all of our referral and/or brokerage services are intended only for the addressed client as the recipient in each case. Upon conclusion of the brokerage contract, the client is obliged to keep all details, etc. confidential and not disclose them to third parties. If the client culpably violates this provision, they will be liable for damages if as a result our referral and/or brokerage services are not successful. If the principal contract is concluded with a third party as a result of an unauthorized disclosure of information to this third party, the client shall be liable to us for the payment of the lost commission.

    8. The commission is payable as per Sec. 652 Para. 1 of the German Civil Code upon conclusion of the effective principal contract if the principal contract is based upon our contractual referral and/or brokerage services. The client is obligated to immediately notify us when, for what compensation, and with which parties the principal contract was concluded. This duty to provide information shall not be affected by the fact that the principal contract is subject to a condition precedent, and that this condition has not yet occurred.

    9. The client may validly assert retention or set-off rights against our commission claim only if the client’s demands are based upon the same contractual relationship (brokerage contract), or if other demands are undisputed or legally established.

    10. We do not participate in dispute settlement proceedings before consumer arbitration boards.


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