Engel & Völkers Berlin Residential
Engel & Völkers Berlin Mitte GmbH | General Terms and Conditions
- The brokerage contract between the customer and us is established either by written agreement or through utilization of our brokerage services on the basis of, or having regard to the commission claim resulting from the successful rendering of referral and/or brokerage services. If no other arrangements follow from the circumstances or other agreements, the contract has a term of six months and shall be extended automatically for another month, unless it is terminated by one of the parties no later than one month prior to the end of the contract.
- During the term of the brokerage contract, the customer 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 customer is liable for the damage thereby incurred.
- Our referral and/or brokerage services are rendered on the basis of the information and details provided to us by our contractual partners or other persons authorized to provide information. For this no liability is taken over. Errors and/or prior sale or lease remain reserved.
- We shall be entitled to render commissionable services to the other party of the principal contract, provided there is no conflict of interests.
- Our entitlement to the commission shall not be affected if, through our referral and/or brokerage services, a letting agreement for the property covered by the contract is concluded between the parties of the principal contract instead of the originally desired purchase contract. In this case, the standard brokerage according to Sec. 652 Para. 2 German Civil Code shall be considered owed.
- If at the conclusion of the brokerage contract the customer 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 he acquires this knowledge from a third party during the term of the brokerage contract, he must notify us of this immediately.
- 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 customer as the recipient in each case. Upon conclusion of the brokerage contract, the customer is obliged to keep all details, etc. confidential and not disclose them to third parties. If the client culpably violates this provision, he 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 customer shall be liable to us for the payment of the lost commission.
- 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 customer 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.
- The customer may validly assert retention or set-off rights against our commission claim only if the customer’s demands are based upon the same contractual relationship (brokerage contract), or if other demands are undisputed or legally established.
- We do not participate in dispute resolution procedures before consumer arbitration bodies.
- The place of jurisdiction for any disputes arising from the contractual relationship (brokerage contract) shall be the broker’s registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law. If the customer is a consumer (§ 13 BGB) who has no general place of jurisdiction in the Federal Republic of Germany, the broker’s registered office shall also be the non-exclusive place of jurisdiction. If the customer (consumer) moves his place of residence or habitual abode outside Germany after the brokerage contract has come into effect or if the customer’s place of residence or habitual abode is not known at the time of any legal action, the place of jurisdiction shall also be the broker’s registered office. Exclusive places of jurisdiction, in particular for judicial dunning proceedings, shall remain unaffected by the above provisions.