General Terms and Conditions of Winter Immo & Consult GmbH,
Frankenstr. 16, 93128 Regenstauf
1. The following provisions become a part of the contract between Winter Immo & Consult GmbH, (further on WIC) and the Estate Agent's Customer through the effective inclusion thereof.
2. All information passed on by WIC to the Estate Agent's Customer is solely intended for him or her. The Estate Agent's Customer undertakes not to disclose information concerning people interested in purchasing and/or selling property or exposés to third persons, unless the Estate Agent's Customer has obtained written permission to do so from an agent authorized in writing by WIC. If the Estate Agent's Customer discloses confidential information to third persons who then conclude the main contract with the person interested in buying or selling property, the Estate Agent's Customer shall be fully liable to pay commission to WIC (see provisions below) as though the main contract had been concluded between the Estate Agent's Customer and the main contracting party. WIC reserves the right to claim further compensation.
3. The claim of WIC to commission from the Estate Agent's Customer shall become due and payable upon the effective conclusion of the main contract between the Estate Agent's Customer and the person interested in buying or selling property. Unless otherwise stated in the exposé or otherwise agreed in writing between WIC and the Estate Agent's Customer, the amount of commission agreed between the Estate Agent's Customer and WIC is as follows:
3.48% (incl. 16% VAT) of the purchase or sales amount agreed in the main contract.
2.32 months' net rent (incl. 16% VAT) of the rent agreed in the main contract.
3.48% of the capitalized ground rent (incl. 16% VAT) for the holder of the ground lease for property sold on the basis of information or agency services provided by WIC.
The commission rates stated include the currently applicable value-added tax of 16%. Should the statutory value-added tax change, the commission rates shall be adjusted accordingly at the time of the change. Relevant for the calculation of the new rates is the date of completion of a renting contract or selling contract.
4. The commission stated above shall become due and payable even if a contract other than the originally planned contract is concluded for the property let or sold on the basis of information or agency services provided by WIC which is identical to the originally planned contract in commercial respects.
5. The Estate Agent's Customer is obliged to reimburse to WIC all documented expenses incurred during the execution of the order (e.g. newspaper adverts, internet appearance, telephone costs, postage charges, documented travelling expenses) if the order placed with the Estate Agent terminates before the conclusion of the main contract, unless WIC is responsible for the termination, whereby its fault is limited to intent and gross negligence.
6. WIC does not have a duty to investigate information provided to WIC by the Estate Agent's Customer during the execution of the order. Claims for damages asserted against WIC by the Estate Agent's Customer that are based on incorrect information provided by the Estate Agent's Customer are excluded. The Estate Agent's Customer shall hold WIC free and harmless of claims for damages by the party to the main contract or third parties insofar as these are based on incorrect information provided by the Estate Agent's Customer or on other circumstances within the sphere of influence of the Estate Agent's Customer.
7. Unless otherwise agreed in writing, the prior sale or prior letting of the property under the contract by WIC is possible.
8. It is possible and common, if nothing different is agreed with the Estate Agent’s Costumer, that the buyer respectively the tenant as well as the seller respectively the renter are paying provision to WIC for work regarding the same estate.
9. Should individual provisions be invalid, this shall not affect the contents of the remaining General Terms and Conditions.
10. Place of fulfillment and the sole court of jurisdiction for commercial transactions – including cheque and currency disputes – shall be Munich, Germany.