Excluding possible terms and conditions of the other contracting party, the following terms and conditions are part of every brokerage contract - if nothing else is contractually agreed upon in individual cases.
I. Offers. Our offers are based on information provided by the property owner, seller or landlord or by any other informant. Sales exposés are merely for informational purposes. We cannot assume any liability for the accuracy and completeness of the offers as well as of the sales exposés provided. This applies in particular to the information about the property features. All offers are free and non-binding. The right to modifications and sale/renting to another client as well as prior sale/renting is reserved herewith. Any figures and drawings may possibly be only similar and/or not true to scale. There is no claim arising from an offer or from a reservation. The contract content is the decisive factor soley.
II. Prohibition of passing on of information. Our offers, notifications, property proofs and any other documents relating to the contractual property are only intended for the other contracting party (client) and must be treated confidentially by the client. A passing on to third parties without our prior written consent is prohibited. The client owes the remuneration even if he determines a third party to be the main contracting party or if the client acts on behalf or in the interests of a third party who then concludes a main contract. If offers, notifications, property proofs or any other documents relating to the contractual property are passed on without permission, the client is liable for the damage caused by this unauthorized disclosure in the amount of the lost profit. To fulfill our brokerage order, we are entitled to consult third-party brokers and provide them with all the necessary information.
III. Information obligations of the client. If the client has already been aware of a given opportunity to conclude a main contract provided by us or if the client has already been aware of the transaction opportunity at the time the offer was submitted by us, the client shall notify us immediately. This must be done in written form by disclosing the offeror or the information source. In the event of a culpable infringement of that obligation, the client shall be liable to pay a compensation for the damage, which caused this breach of duty. We have the right to be present at the conclusion of the contract. The client shall inform about the contract date in due time. In case we cannot be present at the conclusion of the contract, the client has to inform us immediately about the subject terms of the contract, which are crucial for the calculation of our entitlement to remuneration. Likewise, the client has to send us a full transcript of the main contract and all subsidiary agreements upon request.
IV. The arising ot the entitlement to remuneration, due date for payment. Our entitlement to remuneration arises from the proof of an interested party or from a property proof or from the conclusion of a main contract (e.g. sales contract or rental contract). Even if our activities constitute only a concurrent causation of the contract concluded – this is sufficient for the arising of our remuneration entitlement. Our entitlement to remuneration arises also, if the contract is concluded on other conditions than on those originally agreed upon, as long as the concluded transaction is financially comparable with the originally intended transaction. This also applies if another contract type than the one originally intended, was concluded. The remuneration entitlement does not expire if a resolutive condition was stipulated in the main contract or if this resolutive condition occurs. The remuneration entitlement does also not expire if the main contract is cancelled due to the assertion of a withdrawal right of one of the contractual parties, as far as the reasons for withdrawal are not our responsibility. Our entitlement to remuneration becomes due upon conclusion of the main contract and is payable without any deduction within 14 days of invoicing, if nothing else is contractually agreed upon. Offsetting against our remuneration claims is only permissible if the claims to be setoff are legally recognized or legally ascertained.
V. Duration of brokerage contract, dual agency. Unless otherwise agreed, the contract is concluded for an indefinite period and can - subject to any deviating arrangement - be terminated by both parties at any time. If until brokerage contract termination a main contracted is concluded due to our provided services, our remuneration entitlement persists. We are entitled to act on behalf of the other contractual party of the main contract, in return for payment or without payment.
VI. Property seller/supplier. The property supplier is obligated to inform us fully and truthfully about all the essential property features, which are relevant for a buyer or a tenant, as well as about the intended contract conditions. Within the scope of the brokerage contract, we are entitled to provide our interested parties with any and all documents, data and information (also our brochures/flyer/internet presence/social networks/real estate portals etc.), which were placed at our disposal and to promote the property therewith. After the main contract is concluded, we are entitled to add the property brokered by us to our list of credentials and to publish it.
VII. Liability. The liability is limited to damages caused intentionally as well as to damages arising from injury to life, limb or health, which are attributable to a negligent breach of duty, also on the part of a statutory representative or a vicarious agent.
VIII. Place of performance. Place of jurisdiction. The place of performance and jurisdiction for registered traders is Bautzen. German law shall apply exclusively. All our contractual agreements are also effective for or against any successors of one of these parties.
IX. Severability clause. Should individual or several provisions of our terms and conditions be or become invalid, the validity of the other provisions remains unaffected by this. The ineffective provision is to be replaced by a provision negotiated between the contractual partners which comes closest to the economical interests of both contractual parties. In all other respects, the statutory regulations shall apply.
Bautzen, April 2018
1. Consumer information in accordance with the Distance Selling Act
This information shall serve to fulfill information obligations in line with § 312 c Civil Code (BGB) in connection with article 246 §§ 1 and 2 of the Introductory Act to the German Civicl Code (EGBGB), if the participation of the Reppe Immobilien GmbH, chief operating officer (CEO) Frank Reppe, Weigangstraße 1, 02625 Bautzen, exclusively comes about by using means of distance telecommunications. Distance telecommunications are means of communications, which can be used for the initiation or conclusion of a contract between a consumer and a tradesperson/business without the simultaneous physical presence of the contractual parties, particularly letters, catalogues, telephone calls, telecopies, e-mails as well as radio, television and media services.
2. Cancellation policy (distance selling) for consumers
2.1 Cancellation right/right of withdrawal
You have the right to cancel the contract without giving reasons within a period of 14 calendar days. The cancellation period is 14 days and runs from the date on which the contract was concluded. In order to meet the period of cancellation it is sufficient to declare such cancellation within time. To exercise your right of cancellation, you have to inform us in a clear explanation in written form (e.g. letter, fax, e-mail) about your decision to withdraw from the contract. The revocation has to be sent to:
REPPE IMMOBILIEN GMBH
CEO Frank Reppe
Weigangstraße 1
02625 Bautzen
Tel.: +49 (0) 3591/532626
Fax: +49 (0) 3591/532546
E-Mail: info@reppe-immobilien.de
2.2 Consequences of revocation
In case of a valid revocation, performances received by both parties are to be returned and possible advantages (e.g. interests) already realized have to be returned as well. Obligations for the reimbursement of payments must be satisfied within a period of 14 days. For you, the period starts with the submission of your declaration of revocation, for us, with its receipt.
2.3 Premature end of the cancellation right/right of withdrawal
Your cancellation right will prematurely expire, if, with your explicit desire, we have already begun to perform our services prior to the end of the cancellation period or if you have prompted this yourself and the contract had been fully performed by us before you exercised your cancellation right.
If you explicitly requested us to start performing our services before the expiry of the cancellation period, you owe us, in case of withdrawal and before complete performance, compensation for the partial services performed by us.
End of cancellation policy
