Terms of Trade

1) Exklusive Residenzen GbR has been authorized by the seller, lessor or a representative to offer the object as per the terms and conditions stated in the exposé.

2) All quotations are subject to confirmation. All information given to Exklusive Residenzen GbR verbally and/or in writing is based solely on the information received from either the seller or lessor. Exklusive Residenzen GbR shall not be liable for any inaccuracy or incompleteness thereof.

Exklusive Residenzen GbR shall be liable for its own errors only in the case of malice or gross negligence. Statue of limitations for any claim damages shall be three years from filing of the claim, at the latest
three years from completion of contract.

3) All information is strictly confidential and only intended for the recipient. Any disclosure to third parties, in particular to any organization commercially or legally associated with the recipient requires prior consent of Exklusive Residenzen GbR. If a main contract (sale agreement, lease agreement, etc.) between the third party and the customer of Exklusive Residenzen GbR is completed as a result of unauthorized disclosure of information then the recipient shall be liable to pay Exklusive Residenzen GbR the contractually agreed upon commission.

4) The commission payable by the buyer or the lessee upon completion of a main contract (sale agreement, lease agreement, etc.) is determined by the information stated in the respective exposé or covering letter. In case of a sale, this commission amounts to the therein named percentage of the total purchase value for the object inclusive of any other supplementary payments to be paid by the buyer and which shall be payable to the seller or a third party (e.g. assumption of real estate encumbrances, assumption of furnishings, etc.). In case of a lease, this commission amounts to the sum total of the rent for the given number of months without additional costs inclusive of any supplementary payments by the lessee (e.g. one-off payment made by tenant at start of tenancy (key money), etc.).

Exklusive Residenzen GbR reserves the right to increase the commission fee in case of an increase in turn-over/sales tax, unless the period between completion of contract and the claim for commission is more than four months.

5) Commission claims arise and are due upon completion of the main contract (sale agreement, lease agreement, etc.), even if the contract is completed only after completion of the estate agent contract. The sale of a real or intangible share or the transfer of rights to the object to a different legal form (e.g. prorated or complete transfer of membership rights in corporations and other companies, inheritable building rights, etc.) is reached and conforms to the intended purpose is also considered completion of contract. Completion of contract for any other comparable object offered by the seller or the lessor is also considered a main contract, as is a completion of contract for a sale instead of rent and vice versa or a completion of contract with a person having a long-term and close association with the customer, without an economic equivalence to the proposed deal as per the applicable laws having to be present.

6) Does the addressee already knows the offered object well, she/he must immediately inform Exclusive Residences GbR within 24 hours and attach a proof for this.

7) Exklusive Residenzen GbR shall be entitled to act on behalf of either party on payment of a fee.

8) Exklusive Residenzen GbR shall not accept purchase price payments. They are to be made directly to the seller inclusive of any supplementary payments.

9) Exklusive Residenzen GbR shall be entitled to be present at completion of contract and to receive a complete copy of the same. The seller shall be obligated to include in the contract the agreed upon commission as stated in clause 4. For any formation of a contract without the involvement of Exklusive Residenzen GbR, the contracting party and the purchase or rental price shall be disclosed and proven upon request.

10) The reproduction, distribution and utilization of the synopsis or parts from it (information or pictures) as well as the communication of its contents to others without explicit authorization of Exclusive Residences GbR is prohibited. Any reproduction, usage or disclosure of this information to third parties will be prosecuted, offenders will be held liable for the payment of damages.

11) Place of performance and jurisdiction shall be Munich, Germany.