AGB - General Terms and Conditions of W&N Immobilienvertriebsgesellschaft mbH (W&N) for the sale of residential and commercial real estate and for the rental of commercial real estate.
- In addition to an explicit or tacit commissioning of for the proof of contract opportunities by prospective buyers/renters, such orders also come about through the use of the brokerage activity of. In addition, the broker usually maintains brokerage contracts with the property owners, including, independently of the commission payment obligations, the obligation to safeguard their interests.
- Offers, evidence and other information are to be treated confidentially by the recipient.The disclosure of such information without the prior written consent of leads to claims for damages against the latter in the amount of at least the agreed commission, and, if applicable, additionally in the amount of lost commission claims against third parties (e.g. property owners). The right to prove a lesser damage is reserved.
- The property details including information provided by are based exclusively on information provided by the property owners, for whose correctness and completeness no guarantee is assumed. If the incorrectness of individual data becomes known, it corrects its data opposite .Otherwise, the liability of also for its vicarious agents as well as their liability for contractual, pre-contractual and statutory claims for damages including those arising from tort or because of its own incorrect information is limited to intent and gross negligence. The limitation of liability shall not apply to damages resulting from injury to life, body or health.
- Prior knowledge shall be objected to with verifiable disclosure of the source and date within seven calendar days after receipt of the proof. Upon commencement of contract negotiations, the other contracting party shall be informed of the fact that the of has been informed. About the start of contract negotiations, imminent and / or successful conclusion of the contract, even about another than the offered object of the same contracting party has to inform in each case immediately. can claim from the contract copies.
- can demand from the that its obligation to pay commission on purchase becomes part of the notarial purchase agreement - including a compulsory submission clause in favor of -. Furthermore, the purchaser can demand the inclusion of a clause in the notarial purchase agreement which obliges a pre-emptor to pay the purchaser's commission in the event that he exercises his pre-emptive right.
- is principally active against payment. The has to pay a commission to, if their proof or mediation successfully led to a contract conclusion on the basis of the offer. The first announcement of the seller, the object or the opportunity to conclude the contract shall also be deemed successful proof. The conclusion of a main contract with another, economically comparable object of the proven contractual partner also leads to the obligation to pay commission.
- Unless expressly agreed otherwise or stated in the exposé, the commission shall amount to 7.14% of the purchase price in the case of purchase contracts or 2.38 net monthly rents in the case of commercial rental contracts, in each case including VAT. It arises upon the effective conclusion of the main contract and is due for payment within 6 days after the contract date, in cases of conditions precedent after the occurrence of conditions, in cases of a contractually agreed right of withdrawal after it has been determined that it will not be exercised.
- Contract amendments and / or supplements shall be made in writing (fax is sufficient), including the amendment of this clause. Should a clause be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the ineffective clause, a regulation shall apply that comes closest to the ineffective clause in an economically effective form.
- For disputes with , who are merchants, legal entities under public law or without a general place of jurisdiction in Germany and with , who transfer their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence is not known at the time of filing an action, the place of jurisdiction shall be Dachau.
- W&N Immobilienvertriebs-GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
