Terms and Conditions.
This is a courtesy translation. Only the German version is legally binding.
The brokerage agreement between the client and Dr. Hofeditz Real Estate GmbH (hereinafter referred to as Dr. Hofeditz Real Estate) is concluded either by written agreement or by making use of our brokerage services on the basis of, or in knowledge of, the commission payable for successful brokerage/introduction services. A brokerage agreement with our firm is also concluded through conclusive (implied) conduct of the prospective buyer and/or tenant. Unless otherwise indicated by the circumstances or by deviating agreements, the agreement has a term of six months and is automatically extended by a further six months in each case unless one of the parties terminates it in writing with one month’s notice to the end of the respective term. The right to extraordinary termination for good cause remains unaffected.
Dr. Hofeditz Real Estate is entitled to act on a commission basis for the other party to the main contract as well, provided there is no conflict of interest. Dr. Hofeditz Real Estate may also engage other brokers. However, this must not give rise to any additional costs or other onerous obligations for the client.
Within the meaning of Section 652 (1) of the German Civil Code (BGB), the commission becomes due upon conclusion of the main contract if the main contract is based on our introduction/brokerage services in accordance with the agreement. In this case, the client is obliged to inform us without undue delay when, for what consideration and with which parties the main contract was concluded. This duty to provide information is not affected by the fact that the main contract is subject to a condition precedent that has not yet been fulfilled.
If, as a result of the brokerage and/or introduction services of Dr. Hofeditz Real Estate, a main contract other than the one intended (e.g. a purchase instead of a lease agreement or vice versa) or a main contract concerning another property belonging to the client is concluded which is essentially identical in economic terms to the intended main contract, an entitlement to commission also exists. In that case, the customary brokerage fee within the meaning of Section 653 (2) BGB is deemed to be owed. Dr. Hofeditz Real Estate is furthermore entitled to commission if a follow-up transaction is concluded in temporal and economic connection with the original main contract. Extensions or amendments of the original main contract are also deemed to be follow-up transactions in this respect. In that case, the customary brokerage fee within the meaning of Section 653 (2) BGB is deemed to be owed.
The brokerage agreement with us and/or our agent is concluded by written agreement or by making use of our brokerage services on the basis of the property exposé and its terms. The buyer’s commission stated in the respective property exposé under “Daten im Überblick” (key data) is authoritative. The buyer’s commission is stated inclusive of statutory VAT and is earned and due upon notarised conclusion of the contract. The commission is also earned if a main contract is concluded through our brokerage and/or on the basis of our introduction. Our firm having been a contributing cause is sufficient. Dr. Hofeditz Real Estate GmbH and, where applicable, its agents acquire a direct payment claim against the buyer (contract for the benefit of third parties, Section 328 BGB). Real estate transfer tax, notary fees and court costs are borne by the buyer.
The written and oral information on the property originates from our contractual partners or other persons entitled to provide information. This also applies to the information concerning the property contained in an exposé. Dr. Hofeditz Real Estate will check this information only for obvious inaccuracies. In particular, however, Dr. Hofeditz Real Estate accepts no liability or warranty for the accuracy, completeness or currency of this information unless Dr. Hofeditz Real Estate is guilty of gross negligence or intent. Errors and/or prior sale or letting remain reserved. Otherwise, Dr. Hofeditz Real Estate is liable only for intent, gross negligence, the absence of assured or guaranteed characteristics or the culpable breach of essential obligations (cardinal obligations). The above limitations of liability do not apply if and to the extent that Dr. Hofeditz Real Estate is subject to mandatory statutory liability.
If, upon conclusion of the brokerage agreement, the client is already aware of the opportunity to conclude a contract concerning the property offered and of the willingness of the other party to the main contract to conclude it (prior knowledge), or if the client obtains such knowledge from a third party during the term of the brokerage agreement, the client must inform Dr. Hofeditz Real Estate of this without undue delay.
Our property exposés, the property- and contract-related information we provide and all of our brokerage and/or introduction services are intended exclusively for the client(s) to whom they are addressed. Third parties also include, among others, companies that are economically connected – for example as subsidiaries or sister companies, as a holding, owner or project company, as part of a fiscal unity, or third-party companies in which there is a personal union with the person passing on the information. The client is obliged to treat the information etc. confidentially after conclusion of the brokerage agreement and not to pass it on to third parties. If the client culpably breaches this obligation, the client is liable to us for damages if our brokerage and/or introduction services fail to succeed as a result.
The client may assert rights of retention or set-off against claims of Dr. Hofeditz Real Estate only if the client’s claims are based on the same contractual relationship (brokerage agreement) or if the client’s claims are undisputed or have been finally established by a court.
Amendments and additions to, as well as the cancellation of, the brokerage agreement must be made in writing to be effective. This also applies to any waiver of the written form requirement. If the client is a merchant, a legal entity under public law, a special fund under public law or a foundation, Hamburg is agreed between the client and the contractor as the exclusive place of jurisdiction. Otherwise, the statutory provisions apply.
Should any provision of this agreement be or become invalid or unenforceable, the remaining provisions of the agreement shall remain unaffected. The parties undertake now to agree on a valid provision in place of the invalid or unenforceable provision that comes as close as legally permissible and economically possible to the meaning and purpose of the invalid or unenforceable provision. The same applies to filling any gaps in this agreement.
All information is provided without guarantee and is based exclusively on information provided to us by our principal. We accept no liability for the completeness, accuracy or currency of this information. Prior sale remains reserved. If you are already aware of the property we have introduced, please inform us without undue delay. Passing on an exposé to third parties without our consent may give rise to claims for commission or damages.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us
Dr. Hofeditz Real Estate GmbH
Am Klein Flottbeker Bahnhof 55
22609 Hamburg
Tel.: +49 1515 046 7537
Email: marcel@dr-hofeditz.de
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your withdrawal from this contract. If you have expressly requested that the services begin during the withdrawal period, you shall pay us an amount proportionate to the services already provided up to the time you inform us of the exercise of the right of withdrawal in respect of this contract, compared with the full scope of services provided for in the contract.