General Terms and Conditions of ASTEA Real Estate GmbH for the brokering of real estate

The terms and conditions below, together with the description of the property, shall form part of the mutual agreements.

§ 1 Confidentiality and prohibition against disclosure of information
All information, including the property documentation, is intended exclusively for the recipient (hereinafter referred to as Client). The Client is explicitly prohibited from passing on the property documentation and information to third parties without express prior written consent of ASTEA Real Estate GmbH (hereinafter referred to as Broker). Should the Client violate this obligation and should the third party or other persons to whom the third party has in turn passed on the information conclude the principal contract, the Client shall be obliged to compensate the Broker for the loss of the commission.

§ 2 Obligation to pay commission
(1) Entitlement to a commission arises after conclusion of the principal contract which materialised following our documentation and/or our brokering. In respect of the conclusion of the contract, joint causality is deemed sufficient for a justified claim to a commission. Registration of the purchasing contract in the case of the acquisition of a property is deemed conclusion of the contract. The claim for commission is furthermore due after conclusion of the principal contract and shall be payable within 14 working days after invoicing. In case of arrears, interest is payable on arrears at the rate of 5% over the base lending rate of the European Central Bank.

(2) Unless agreed otherwise between the contractual parties, the commission shall be 6.0% of the purchasing price plus the statutory value added tax for brokering of a purchase agreement for a house and property and for freehold flats. A commission in the amount of two monthly rentals (without heating), three monthly rentals (without heating) and a three-month amount pro rata of the annual lease is owed for brokering of a rental contract for residential property, of a rental contract for commercial space and of a leasing contract respectively, plus the statutory value added tax in each case.

(3) The claim to a commission is valid also if the principal contract is concluded pursuant to conditions at variance with our offer. This shall always be applicable if the contractually agreed economic success is only insignificantly at variance with the substance of our offer. The claim to a commission also arises when, for instance, a purchasing contract is concluded instead of a rental contract and vice versa or in case of asserting heritable building rights instead of conclusion of a purchasing contract, etc.

(4) The entitlement to a commission exists also if the brokered principal contract should expire following the occurrence of a resolutory condition and/or if it is not exercised by the contractual parties. The same is applicable if the contract is cancelled due to a reserve of withdrawal of the Client or is rescinded for other reasons. If the brokered principal contract is effectively challenged, the Client shall be obligated to compensate us for losses if he can be held responsible for the reason for the challenge.

(5) The claim to full commission can also be based on identification of the highest bidder or the property (in case of buyer’s order) in case of compulsory or voluntary auctioning, provided the highest bidder or the Client (in case of buyer’s order) attracts the knockdown.

§ 3 Duty to pay commission on subsequent contracts
A subsequent contract exists if an amended or a new contract is concluded based on extensions of or amendments to the original contract. If the Client concludes a subsequent contract within 12 months after conclusion of the original contract, he shall be obliged to pay a differential commission if the content of the subsequent contract was also part of the original order and was also offered by ourselves. The differential commission is calculated from the difference between the agreed commission for identification of the opportunity for conclusion of the original contract and the agreed commission for identification of the opportunity for conclusion of the subsequent contract.

§ 4 Prior knowledge
If the Client is aware of a property offered/identified by us as being for sale, for rent or for leasing, he shall inform us of this circumstance in writing without delay and also provide evidence on request. If he fails to do so, the identification shall be deemed causal to the principal contract until proven otherwise.

§ 5 Liability
(1) The property-related information is based on information by the seller/lessor or by a third party instructed by the seller/lessor. We only pass on this information and accept no liability for the correctness and completeness thereof. It is the responsibility of the Client to check the correctness of such information.

(2) The liability of the Broker is limited to gross negligence and wilful conduct unless the breach of duty leads to death or injury to body and health of the Client.

§ 6 Contract conclusion and negotiation
(1) The Client shall inform us without delay when and under what conditions he has concluded a contract about the property identified by us.

(2) The Broker shall be entitled to be present when the contract is concluded.

(3) The Broker shall also be entitled to a copy of the principal contract and the supplementary agreements.

§ 7 Double agency
The Broker shall be entitled to also work for the other contractual partner, for a commission.

§ 8 Non-binding offers
Our offers are subject to confirmation. The seller explicitly reserves the right to sell or let or lease at any time, unless determined otherwise by separate agreement.

§ 9 Jurisdiction
Berlin/Germany is the agreed place of jurisdiction for business with merchants.

§ 10 Severability clause
Should one or more of the above stipulations be or become ineffective, the effectiveness of the remaining stipulations shall not be affected thereby. This is applicable especially if part of a stipulation is ineffective, but another part is effective. By agreement between the parties, the ineffective stipulation shall in each case be replaced by a stipulation satisfying the commercial interests of the parties without violating the contractual agreements.