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GTC

General Terms and Conditions (AGB)

Silberfels GmbH

Frankfurt am Main

§1 Scope of application

  1. These General Terms and Conditions (GTC) apply to all business relationships between Silberfels GmbH, based in Frankfurt am Main (hereinafter “Broker”) and its clients (hereinafter “Client”).
  2. A customer within the meaning of these GTC can be either a natural person or a legal entity.
  3. Deviating terms and conditions of the customer shall only apply if the broker has expressly agreed to them in writing.

§2 Subject matter of the contract and services

  1. The object of the broker’s activity is the verification or brokerage of contracts for real estate, in particular:
    • Purchase and sale of land and real estate
    • Letting and leasing of residential and commercial real estate
  2. In addition, the broker offers further services, in particular:
    • Real estate valuations
    • Market analyses
    • Consulting services in connection with real estate transactions
    • Support with the marketing of real estate
  3. The specific scope of services is set out in the respective brokerage contract or an individual agreement.

§3 Conclusion of the brokerage agreement

  1. A brokerage contract can be concluded in writing, electronically, verbally or by conclusive behavior.
  2. A brokerage contract is concluded in particular if the client:
    • requests or receives an exposé
    • Object information uses
    • a viewing by the estate agent.

§4 Offers and property information

  1. All offers and property information are subject to change and non-binding.
  2. The information on real estate is based on information provided by the respective owner or other third parties.
  3. The broker assumes no liability for the accuracy, completeness or timeliness of this information, unless he can be accused of willful or grossly negligent breach of duty.

§5 Commission / brokerage fee

  1. The broker is entitled to a commission if a main contract (e.g. purchase agreement, rental agreement or lease agreement) is concluded as a result of his activities.
  2. The amount of the commission is specified in the respective offer, exposé or a separate agreement.
  3. The commission is earned and due upon conclusion of the main contract.
  4. Invoices of the broker are to be paid within 14 days of invoicing without deduction.
  5. Payments should be made to the following bank account:

Account holder: Silberfels GmbH
IBAN: DE69 5004 0000 0516 7440 00
BIC: COBADEFFXXX

  1. Statutory regulations on brokerage commission, in particular for the brokerage of residential real estate, remain unaffected.

§6 Dual activity

The broker shall also be entitled to act for the other contracting party in return for payment, provided there are no statutory provisions to the contrary.

§7 Disclosure of information

  1. The property information, exposés and documents provided by the estate agent are intended exclusively for the recipient.
  2. Disclosure to third parties is only permitted with the prior consent of the broker.
  3. If the customer breaches this obligation and a contract is concluded as a result, the customer shall be liable for the resulting damage, in particular for the lost commission.

§8 Surveys

  1. Viewing appointments are always organized and carried out by the estate agent.
  2. The client undertakes to view properties only in consultation with the estate agent.

§9 Liability

  1. The broker shall be liable without limitation for damages resulting from injury to life, body or health.
  2. The broker shall only be liable for other damages in the event of intent or gross negligence.
  3. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.

§10 Confidentiality

The client undertakes to treat as confidential all confidential information about real estate, owners or contracting parties of which he becomes aware in the course of his brokerage activities.

§11 Statute of limitations

Claims against the broker shall become time-barred within the statutory limitation periods, unless other statutory provisions apply.

§12 Place of jurisdiction and applicable law

  1. The law of the Federal Republic of Germany shall apply.
  2. The place of jurisdiction for merchants or legal entities under public law is the registered office of Silberfels GmbH in Frankfurt am Main.

§13 Severability clause

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.