General Terms & Conditions
01. With acceptance of the property brochure, a binding brokerage contract is created. The recipient thereby accepts the following General Terms & Conditions. Acceptance is deemed to be, in particular, when a party interested in the offered property contacts us or the seller/lessor or his/her representative.
02. The property brochure has been drafted by the seller/lessor with all due care and diligence on the basis of the information provided. We assume no liability for the accuracy and completeness of the brochure. All information is non-binding and subject to alteration. Errors excepted and subject to prior sales/leases.
03. Our offers are intended for the recipient only and are confidential. They may not be disclosed to third parties. Should a contract of any kind be concluded by reason of unauthorised disclosure, the recipient is liable to pay damages in the amount of any broker’s commission that is lost. The above also applies to the company with which the recipient is legally or economically associated, as well as to family members. If, in such case, a contract is concluded, disclosure shall be assumed.
04. The recipient shall give notice immediately – within five days at the latest – should he/she already know the property offered. Should the recipient fail to provide such notice, he/she accepts our subsequent activities in the matter, as being causative for the closing of a deal. The recipient shall provide proof of such previous knowledge on request. In the event that the recipient is offered a property that we have already offered, he/she shall inform the offering party that information on the property in question has already been provided by us. The recipient shall not accept any third-party brokerage services relating to a property that has already been offered by us.
05. Should the recipient of an offer contact a seller/lessor or his representative directly, he/she shall refer to the brokerage service of our company. Our company will be called in prior to or on conclusion of a contract.
06. The full amount of the broker’s commission shall become due for payment if a transaction other than that originally intended, or an additional transaction, is made between the recipient and the owner of an offered property or his legal successor, or if the recipient should subsequently purchase the offered property by way of auction or foreclosure. The recipient shall also be liable to pay such commission if our provision of brokerage service or information results in the renting or leasing of a property, also in the event that the property is subsequently purchased. The commission paid for the renting/leasing transaction is to be offset.
07. We are also entitled to act on behalf of other contracting parties and to charge a commission.
08. The broker’s commission shall be deemed as earned and due for payment on notarial conclusion of a contract and/or signing of a rent/lease agreement. Commission is to be calculated as indicated in the property brochure.
09. Entitlement to commission shall also remain valid if a contracting party exercises a statutory right to cancel or give notice to terminate a brokerage agreement, or require the agreed remuneration to be reduced subsequent to the conclusion of a contract.
10. The client authorises the HNK Development Vertriebs- & Beteiligungsgesellschaft mbH to inspect all records relating to a property, including the land register and secondary files, as well as request that such documentation and information be made available. This authorisation shall remain in effect for six months following the termination of the contractual relationship.
11. Any other agreements must be confirmed in writing to be effective. This also applies to any amendments of the written form clause.
12. Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that is commonly accepted in broker’s operations and economically equivalent to the inadmissible provision, as well as permissible under applicable law.