General terms and conditions of N3 GmbH
§ 1 Preamble
The company N 3 GmbH (hereinafter also referred to as the broker) is dedicated to the fulfillment of brokerage orders with the greatest possible care and objective protection of the interests of the client within the framework of generally recognized commercial principles.
§ 2 Conclusion of the contract
The contract between the broker and the customer is already concluded when the broker’s offer is used. With the acceptance of an exposé from the broker, the customer recognizes the proof of the object contained therein by the broker. Will the customer assert. If he has already known the property beforehand, he is obliged to notify the broker of this fact within five working days of receipt of the exposé. After this period has expired, the property is considered to have been proven by the broker. Later direct offers from the seller, landlord or a third party to the customer, even if the price has changed, are still subject to commission for the customer if the property was originally proven by the broker.
§ 3 Prohibition of disclosure
All information including the property records of the broker are expressly intended for the customer. It is expressly forbidden to pass the property records and property information to third parties without the express consent of the broker, which must be given in writing beforehand. If a customer violates this obligation and the third party or other persons to whom the third party has passed on the information concludes the contract, the customer is obliged to pay the broker the commission plus VAT agreed with him.
§ 4 Owner
information The broker points out that the property information passed on by him comes from the seller or a third party commissioned by a seller and has not been checked for accuracy by him, the broker. It is up to the customer to check that this information is correct. The broker, who only passes on this information, takes over the relevant circumstances and developments with regard to the contractual object. The client allows purchase commitments for the property and the marketing via print and electronic media (Internet).
§ 5 Brokerage and dual activity
The broker may act for both the seller and the buyer.
§ 6 Commission
agreement The contractually agreed commission rates apply. These are net plus the applicable statutory value added tax. The commission is earned and due immediately after the notarized purchase contract has been signed.
§ 7 Limitation of Liability
The liability of the broker is limited to grossly negligent or willful behavior, as long as the customer does not suffer physical harm or lose his life as a result of the broker’s behavior.
§ 8 Statute of limitations, place of jurisdiction and set-off clause
The limitation period for all claims for damages by the customer against the broker is 3 years; it begins at the point in time at which the action triggering the obligation to pay damages was committed. Should the statutory statute of limitations lead to a shorter statute of limitations for the broker in individual cases, these shall apply. If the broker and customer are full merchants within the meaning of the Commercial Code, the agreed place of fulfillment for all obligations and claims arising from the contractual relationship and the place of fulfillment for all from the broker’s company headquarters. Offsetting with counterclaims against our commission claim is excluded. This does not apply to claims that we have recognized or fallen short of, or to legally established claims, as well as to claims that are offset against in the process,
§ 9 place of jurisdiction is Mainz