General Terms and Conditions – E.R.E.S. GmbH

  1. Unless otherwise agreed upon, E.R.E.S. GmbH receives a commission for brokerage, agency or referral activities that amounts to 7.14% of the purchase price. This also applies to the brokerage or referral of foreign properties.
  2. This commission is calculated on the basis of the total property price plus VAT at the applicable statutory rate, and is payable by the buyer upon entering into the purchase agreement. The commission agreement entered into shall always be governed by the laws of the Federal Republic of Germany.
  3. Any purchase of a property offered by us as part of a judicial sale procedure, or any exercise of a right of pre-emption or building lease, or lease instead of purchase, shall incur an agency commission at a percentage customary in the relevant location.
  4. All details communicated are exclusively intended for use by the recipient. Any disclosure to third parties shall result in the obligation to refund the lost commission.
  5. If not contested or objected to within three working days, any purchase opportunity communicated by the property agent is deemed a first offer not previously known in the market.
  6. The property agent may conduct agency activities for the respective other party. The price quoted and the selling price need not be identical.
  7. All details are communicated with the consent of the seller. Properties offered are subject to error, prior sale or interim letting.
  8. No liability whatsoever is accepted for the completeness and accuracy of the documents pertaining to properties offered since some of the information contained therein is based on third-party disclosures.
  9. If a construction project has been developed, the commission is calculated on the basis of total building cost.
  10. Any verbal agreements or commitments must be confirmed in writing to become legally valid. Venue for any legal disputes shall be the place of business of the property agent.
  11. In the case of letting, the agency commission shall equal two monthly basic rents plus VAT at the applicable statutory rate (currently 19%). This commission must be paid by the landlord.
  12. Any offers submitted to other property agents as part of an intended joint transaction are made subject to the condition that customer protection is guaranteed to the client of E.R.E.S. GmbH for an additional two-year period following the expiration of the order period. In such a case, the property agent processing the offer further shall be liable, for an additional two-year period, for half the commission amount stated in the offer, or for half of the commission due in the case of additional proceeds from the transaction.
Brieselang, 19 October 2008