Status: 09/2022
The following General Terms and Conditions (GTC) have become the basis of the brokerage contract. The client has acknowledged the inclusion of these GTC in the brokerage contract and confirms that a copy of these GTC has been handed over to him or that he has been made aware of the possibility to view these GTC here via the internet at weltmann-gmbh.de/agb.
With the request of the exposé in knowledge of our commission expectation, a brokerage contract subject to commission is concluded between the recipient (broker client) and WELTMANN GmbH regarding the offered property, of which these GTC are an integral part, which are hereby acknowledged by the broker client.
The offers and information sent by WELTMANN GmbH, in particular exposés and their contents, are confidential and intended only for the respective recipient. Transfer to third parties is prohibited without the express consent of WELTMANN GmbH, which must be given in writing in advance. If the broker-client violates this obligation and the third party or another person to whom the third party in turn passed the information concludes the main contract, which would be subject to commission according to these conditions, the broker-client is obliged to pay compensation in the amount of the commission based on these conditions. The broker client reserves the right to prove that lower or no damages were incurred. Any further claim for damages by WELTMANN GmbH due to unauthorized disclosure of information remains unaffected.
The offers of WELTMANN GmbH are subject to change and non-binding. Errors and prior sale/subletting reserved. The property-related information is based on the information provided to us, in particular by the seller/landlord. WELTMANN GmbH does not assume any liability for their correctness and completeness. It is therefore the responsibility of the customer to check the object information and details for accuracy. Liability for the correctness and/or completeness of the content of this information is only assumed in the case of intentional or grossly negligent conduct.
The disclosure (=proof) of the property address and/or the provider is made with explicit reference to the commission claim of WELTMANN GmbH in case of purchase or rental.
The commission claim of WELTMANN GmbH arises as soon as a main contract regarding the named object has been concluded due to the proof and/or the mediation of WELTMANN GmbH. In this case, contributory causality of the broker’s activity is sufficient. If the main contract is concluded under other conditions than those originally offered or if it is concluded for another object of the contractual partner proven by WELTMANN GmbH, this does not affect the commission claim of WELTMANN GmbH as long as the transaction concluded is economically identical to the transaction offered or its economic success differs only insignificantly from the transaction offered. The entitlement to commission therefore arises in particular in the case of purchase instead of rental, acquisition of company shares instead of properties and vice versa, heritable building rights instead of purchase as well as exchange instead of purchase or rental.
The commission claim is due upon conclusion of the purchase contract/lease agreement. The commission is payable after issuance of the invoice. WELTMANN GmbH has the right to be present at the conclusion of the main contract. If the main contract is concluded without the participation of WELTMANN GmbH, the customer is obligated to immediately provide WELTMANN GmbH with information about the essential content of the main contract and the basis of assessment of the commission claim.
For the broker customer, a buyer’s commission in the amount specified in the exposé is due for payment to WELTMANN GmbH upon proof of the opportunity to conclude a contract or for the brokerage of a contract.
WELTMANN GmbH is entitled to also act for the other party to the contract (seller/lessor) against payment or free of charge. In case of dual activity we are obliged to impartiality.
If the customer is already aware of the object offered by WELTMANN GmbH, he must inform WELTMANN GmbH of this immediately, at the latest within 3 calendar days, and provide proof of this at the request of WELTMANN GmbH. If the customer fails to provide this information, he must compensate WELTMANN GmbH for all expenses incurred by WELTMANN GmbH as a result of not being informed of the prior knowledge or being informed of it late.
Requirements for receiving a tipster commission are:
Liability for negligent conduct on the part of WELTMANN GmbH, its legal representatives or vicarious agents is excluded. This does not apply insofar as the damage consists of injury to life, limb or health or is based on the breach of an essential contractual obligation (cardinal obligation) or the absence of a certain characteristic guaranteed by WELTMANN GmbH.
In the event of a dispute arising from or relating to a contractual relationship between WELTMANN GmbH and a consumer, WELTMANN GmbH is not obligated or willing to conduct dispute resolution proceedings before a consumer arbitration board in accordance with the provisions of the German Consumer Dispute Resolution Act (VSBG) prior to filing a lawsuit.
Place of performance and jurisdiction for Düsseldorf.
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if one part of a provision is invalid but another part is valid. The respective invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and otherwise does not conflict with the contractual agreements.
