1. Provided a contract of brokerage has not been signed between the broker and the offeree, a contract between the parties on the basis of these General terms and Conditions is then concluded, when further information and documents are requested by the offeree or he engages the service of the broker in some other way.
2. Offers, entries, notifications of the broker are to be treated as confidential by the recipient and client respectively and must not be passed on to third parties without the broker's agreement. The client and recipient respectively will be held liable for any damages caused by a contravention against this obligation.
3. Prior to the conclusion of any contract, the offeree and client respectively (seller or purchaser, lessor or tenant, lessor or lessee) must question the potential contractual partner, if the broker has contributed to the intended contract signing by notification or brokerage. If he fails to do so, he cannot refer to the fact, that he had no notice of the contributory service of the broker.
4. The broker's duties result from the statutory provisions and the customs and practice of profession. The broker is not incumbent upon an obligation of inquiry.
5. If the offeree is already aware of the opportunity for conclusion of a contract as identified by the broker, he must inform the broker immediately. In the other case he cannot refer to such a knowledge.
6. The broker is within is rights to act for the other party of the contract, this too incurring commission.
7. The offeree and client respectively must pay the quoted commission: if no commission has been quoted, a commission common at the location of the offered property.
8. The claim to commission is not affected if the signed contract is being cancelled or lapses due to rescission or any other cause in law.
9. In case of an exclusive mandate, all interested parties, whether if they are direct contacts or named by other brokers, must be referred to the commissioned broker. If this obligation is violated, the client has to pay the full commission to the exclusively mandated broker in case of a main contract conclusion, and that without proof of loss.
10. In case of any contract conclusion, the broker has to be given written nofitification stating object and contracting party, even if the conclusion is not a result of the broker's services.
11. The right to prior sale and prior letting is reserved.
12. Other agreements are only valid if made in written form.
13. The broker is permitted to put up a signboard.
14. If any provision of the General Terms shall be entirely or partly invalid, this shall not affect the validity of all the other provisions.
15. Place of fulfillment and place of jurisdiction is the broker's address of record.
Additional special terms for the purchase and sale of land
16. The entitlement to the payment of commission arises and becomes due when a contract for entitlement to purchase or a notarized contract is concluded or when the offered property is purchased in the compulsory auction. Furthermore, the broker's commission is payable, a) if the interested party enters into negotiations with the seller on the basis of a conveyed offer for sale, that also may lead to a contract conclusion at a later date; b) if another land transaction (purchase, mortgaging) with the interested party the broker provided is concluded within a period of two years: c) if an entitled seller sells the land as a result of a brokered or otherwise initiated contract.
17. If letting, leasing, granting a right of usufruct, of pre-emption or to acquire a property, mortgaging or a similar legal relationship is stipulated instead of purchase or sale, the usual commission must be paid when a contract is concluded. If a purchase contract is concluded with the contrectual partner named or identified by the broker within two years after conclusion of one the before mentionend legal transactions, the client is under the obligation to pay the usual commission for a purchase contract, unless the paid commission for the antecedent legal transaction exceeds the purchase commission.
18. The transfer of a right of land disposition by means of another legal form is equatable to a purchase of land.
Additional special terms for letting and leasing
19. The broker's commission arises and is payable when a letting or leasing contract is concluded. However, it is ommitted if a required license is legally denied.
20. A subsequent purchase of the property by the leaser or lessee after conclusion of the letting or leasing contract bounds to the payment of a commission common at the property's location taking into account the already paid letting or leasing commission, unless it exceeds the sales commission.
21. The transfer of rights of property use by means of another legal form is equatable to a letting or leasing contract.
The German version is the only legally binding verison. The English version is just a courtesy translation and not legally binding. © ARDECO GROUP Switzerland | Germany
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