Terms and Conditions

1

Our services as broker are exclusively offered on the basis of the present Terms and Conditions (TAC). By taking up a business transaction the client consents explicitly to these Terms and Conditions.

2

Our offers and any information regarding any piece of real estate are based on information transmitted to us by the seller or the lessor of the reals estate in question. Therefore, we cannot assume any responsibility for the accuracy and completeness of this information. The client has to examine himself all information prior to the completion of a contract. Our responsibility is restricted to direct damages which might have caused by us deliberately or recklessly. For slight negligence any responsibility by us is excluded. Our offers are subject to confirmation and noncommittal.

3

If the recipient of an offer of a real estate of which he has knowledge that the real estate in question is already disposable or rentable he has to inform us immediately by disclosing the source of information. Otherwise the offer is considered to be acknowledged. If a client receives an offer from a third party of a real estate offered by us he is obliged to disclose our offer and to refuse any brokerage services with regard to the specific real estate. By non-adherence to this regulation our commission will become due in case of completion of a contract.

4

Our right to commission arises and becomes due with the completion of a contract with regard to the object offered by us regardless whether the completion of the contract has been done with our without our assistance and regardless whether the contract has been conclude with the conditions offered by us or any other conditions.  Our right to commission exists also if by or services not the specifically offered object but an economically equivalent transaction will be completed. In case of a contract with a contingent condition our right to commission will become even if the contract will be cancelled prior to the fulfillment of the contingent condition subject to that the contingent condition would have been fulfilled regardless of the cancellation of the contract. Furthermore, the client has to pay to us a compensation in the amount of the agreed commission or agreed remuneration if

4.1

The transaction specified in the brokerage agreement cannot be concluded due to fact that the client is in bad faith and without any valid reason does not conclude a specific legal act necessary for the successful completion of the transaction.

4.2

The client concludes with the counterpart introduced by us another business transaction which falls within the scope of or business activity.

4.3

The transaction specified in the brokerage agreement will be concluded not with the client but with another person due to the fact that the client has informed the other person about the possibility for the specific transaction or the business transaction will be concluded with another person due to the fact that the person introduced by us has given the information regarding the transaction in question to the person finally concluding the contract.

4.4

If the transaction cannot be concluded with the person introduced by us because a legal or contractual pre-emption right, a right of first refusal or repurchasing right will be exercised.

5

In case of an exclusive brokerage agreement the right of commission arises also if

5.1

The exclusive brokerage agreement will be cancelled irregularly by the client without any important reason.

5.2

If the transaction will be completed by another broker hired by the client during the tenure of the exclusive brokerage agreement.

5.3

If the transaction will be completed during the tenure of the brokerage agreement in any other form than the hiring of another broker.

6

If a rental agreement for which we acted as a broker will be extended or replaced by a or more agreements, our right to commission and/or remuneration applies also to the new contract or contracts. The client has the duty to inform us about the extensions or amendments of the original agreement within 1 day after completion of the new agreement.

7

In case we act as brokers for a contract in which the client or the other contracting party receives the timely limited right to finalise the transaction by a unilateral statement (option agreement) 50% of the commission will become due upon the completion of the option agreement and the remainder 50% will become due upon the exercise of the option right by the entitled person.

8

Any disclosure of any offer made by us or of the identity of any interested person introduced by us by the client to any third party is prohibited and is only allowed with our explicit consent which must be given in writing. The unauthorized disclosure of any information has the consequence to pay the commission due to us. The arrangement of the first contact between buyer and seller or lessor and lessee has to be arranged by us.

9

We do not charge any fees for our general fees and expenditures caused by our brokerage activity. However, costs caused by additional mandates or mandates which go beyond the normal brokerage services and which have been requested by the client have to be reimbursed separately also even in the case when the envisaged real estate transaction will not be completed. Our fees including the legal prescribed value added tax becomes due immediately upon receipt of the invoice. In case of late payments we are entitled to charge the legally prescribed default interests.

10

We reserve the right to engage other broker companies if this is reasonable to enhance the chances for the successful completion of the real estate transaction. No additional costs will be charged to the client.

11

Changes and amendments of the present agreement need to be done in writing. This applies also to the change of the form requirement