General business and commission conditions.
These general business and commission conditions are a translation of the German AGB (Algemeine Geschäfs- und Provisionsbedingungen) of Eifel Plus Immobilien.
Because we are a German company the German version of our AGB is the only legal version and valid in all cases. See our website or ask for a copy from our office.
This translation should be seen as an expedient and does not replace the original AGB.
General business and commission conditions:
Nohn, July 2011 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
- Our property overviews, with all mentioned dates, are prepared with every care though based on information of the owner, therefore we cannot take any liability
for the correctness of the data.
The owner is always allowed to sell or let his property himself, also without our interference.
Our offers are to be treated strictly confidential and are not to be generated to third parties unless we do give written permission.
- If the interested party already has knowledge of the property offered by us, he or she shall inform us immediately with reference to the source of this
knowledge. If he or she does not inform us this knowledge is subject to causality with a written or verbal contract with us.
- The price for the object mentioned in the property overview (renting-, selling price, etc) has to be understood as a controlled price and is absolutely
The claim to provision also stands when the contract partners (seller and buyer) agree to a lower or higher price for the property than originally was indicated.
Our commission is based on the end price as written in the contract of sale signed in front of the notary
- The commission is also to be paid by the principal (seller and/or buyer)when not he or she but a with him or her personally or as business partner related
person signs the contract of sale.
- The obligation to pay the commission also exists when the contracting parties involved enter into a business contract for a deal based on our proven mediation.
The obligation continues when the contract is entered in on a later date or under different conditions when the same result is being gained.
- In case of unpermitted dealing (=contrary to the contract) of our principal or a via us informed interested party, the principle is obliged to pay the
commission that would have to be paid when he or she had acted according to the contract.
- Our commission is, independent of official or judicial permission, to be paid at the moment of signing the contract of sale with the notary. Our right to
commission is not related to the execution of the contract of sale. Our principal is obliged to give us a copy of the signed contract of sale that is concluded
because of our mediation or proven activities.
- Our commission:
a) This commission is earned when the contract concerning the sale of houses, apartments, ground properties is entered due to the proven mediation
of our agency: 3,57% (including VAT) of the end price in the contract of sale signed by both parties in front of the notary. The agreed commission has to be paid
by both parties at the same moment.
If a contract of sale concerning a private property between the principal and the buyer, who were introduced to each other by proven mediation from our agency,
is signed within a period of six months after our contract ended our commission still has to be paid. Here it is not important whether this concerns the
original contract or that a new contract is made.
b) By proven mediation of our agency in case of public auction the commission is 3,57% (incl. VAT) of the knock down price for the property.
c) By mediation of mortgages or loans our commission is 1 % (incl. VAT) of the average amount of the mortgage or loan, to be paid by the person
who takes the mortgage or loan and has to be paid at the moment of signing the contract.
d) By proven mediation concerning rent- or lease contracts of business objects the commission is 3,57 % (incl. VAT) of the yearly rent- or lease
sum during minimum 5 and maximum 10 years. As yearly rent or lease sum are also counted further earnings, with exception of expenses, incl. VAT.
The period of option also counts as period of rent or lease.
e) Commission concerning rental contracts of living space in houses or apartments is 2,38 times the monthly rent (exclusive expenses) incl. VAT.
f) As reimbursement for work on behalf of delivery or transfer of living accommodations or business accommodation is a fixed sum of 150,00
euro per assignment.
g) The expenses we have to make to get important information ( for instance from the counsel, the bank, etc) have to be restituted.
The above mentioned ways commission can be earned ( a – g) are to be paid no matter what commission agreement we have with the other contract partner. In conformity
with the terms of reference of the contract we have the right to make commission terms with both contract partners.
- In case the vendor or landlord decides to abandon his intention of selling or letting a property during the running period of the contract he or she will have
to pay the (proven) costs and expenses (for making the property overview, telephone, stamps, car costs , ect.) to a maximum of 500,00 euro.
This is no commission.
- In case of instruction to arrange a tenancy agreement, whether for a house/ apartment or a business object, we do not take any liability for the contents.
- Liability is only taken when because of a proven severe fault or false concealment by an employee of our agency the commissionaire is severely
hurt or loses his or her life.
- On photos, graphics, sketches , ground-plans and other originals made by us we have copyright and those cannot be used by others unless
we gave written permission.
- In case of any controversy the place of negotiation is our office in Nohn. In case of juristic controversy the parties will go to the Ambtsgericht Daun.
- In case individual stipulations in those general business and commission conditions or whatever other contracts are not valid or unworkable,
the other stipulations will stay operative.
Conform European Law there is a webside for online counceling in case of problems when there is a contract in online business:
Online-Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO: Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie hier finden: ec.europa.eu/consumers/odr