EuV Potsdam Immobilien GmbH | General Terms and Conditions

1. The brokerage contract between the client and us is concluded by written agreement or by agreement in text form. Unless otherwise agreed, the contract with the seller or landlord has a term of six months and is automatically extended by a further month in each case unless one of the contracting parties has given four weeks' notice of cancellation in writing or in text form before the end of the contract.

2. During the term of the brokerage agreement with us, the customer is not authorised to commission other brokers with brokerage and/or verification activities relating to the contractual property. In the event of a culpable breach of this provision, the customer shall be liable to us within the scope of the statutory provisions for any damages incurred as a result.

3. Our brokerage and/or verification activities are carried out on the basis of the information and data provided to us by our contractual partners or other authorised parties. No liability is assumed for this. Errors and/or prior sale or letting are reserved.

4. Insofar as there is no conflict of interest or statutory exclusion, we are authorised to also act on behalf of the other party to the main contract subject to commission.

5. If, as a result of our brokerage and/or brokerage activities, a rental, lease or similar utilisation contract is concluded between the parties to the main contract for the contractual property instead of the originally intended purchase contract or vice versa, this shall not affect the commission claim on the merits, unless there is a statutory exclusion. The usual brokerage fee within the meaning of Section 653 (2) BGB shall then be deemed owed.

6. If the customer is aware of the contractual opportunity regarding the offered contractual property and the contractual readiness of the other party to the main contract (prior knowledge) when the brokerage contract is concluded or if he obtains this knowledge from a third party during the term of the brokerage contract, he must inform us of this immediately.

7. Our property exposés, the property/contract-related information provided by us as well as our entire brokerage and/or verification activity is/are intended exclusively for the customer(s) addressed in each case as the recipient. The client is obliged to handle the information confidentially after conclusion of the brokerage contract and not to pass it on to third parties. If the customer culpably violates this obligation, he shall be liable to us for damages if the success of our brokerage and/or verification activities does not materialise as a result. If the main contract is concluded with a third party as a result of the unauthorised disclosure of the information, the customer shall be liable to us for payment of the lost commission.

8. The commission claim is due in accordance with § 652 Para. 1 BGB (German Civil Code) upon conclusion of the effective main contract if the main contract is based on our contractual brokerage activities. The customer is obliged to inform us immediately when, for what fee and with which parties the main contract was concluded. The obligation to provide information shall not be affected by the fact that the main contract is subject to a condition precedent and this has not yet materialised.

9. The customer may only assert rights of retention or set-off against our commission claim if the customer's claims are based on the same contractual relationship (brokerage contract) or if other claims are undisputed or have been recognised by declaratory judgement.

10. We do not participate in dispute resolution proceedings before a consumer arbitration board.