Terms and Conditions
All messages and documents submitted to the client by Peter Hiersche Immobilien contain confidential information, included but not limited to commercial and personal data which need to be kept in strict confindence and may be used exclusively for personal purpose. Communicating or forwarding any kind of information to any third party is only permitted with the prior written consent by Peter Hiersche Immobilien. An infringement of this obligation will result in that the client will be held fully responsible for damages and has to pay the commission to Peter Hiersche Immobilien in case of the third party concluding the contract. The client is entitled to proof a lower damage. The limitation periods are determined by the relevant statutory provisions.
2. Content of Offers, Liability
Any real estate sales offer generated and communicated by Peter Hiersche Immobilien is based on the information and data provided by the seller. Peter Hiersche Immobilien does not check the information and data received by the seller for accuracy unless separate instruction is given by the client to verify this information. Thus Peter Hiersche Immobilien cannot assume any warranty for the correctness, completeness, accuracy and uptodateness of the property data. Peter Hiersche Immobilien will only accept liability for incorrect property information and data in case of wilful intent or gross negligence, The limitation periods are determined by the relevant statutory provisions. Where the client is a registered trader claims for damages fall under the statute of limitations at the latest three years after the client obtains knowledge of the damage and/or, irrespective of this knowledge, at the latest three years after the damaging event.
3. Dual Agency
Commercial dual agency related to brokerage of selling/buying transactions as well as to commercial properties is explicitly permitted.
4. Joint Business
Peter Hiersche Immobilien is authorized to involve third parties as additional contractors (e.g. other real estate agencies) in the execution of the order.
Will the activities of Peter Hiersche Immobilien result in a contract or a quasi-contractual agreement that will lead to the conclusion of a purchase contract lateron a broker commission of 4,76% incl. value added tax is payable by the buyer to Peter Hiersche Immobilien unless a higher amount is stated in the Exposé or agreed by individual contract. If subject is a commercial tenancy agreement the payable commision based on the conclusion of the commercial tenancy contract is 3,57 monthly rents including statutory value added tax. The commission shall be deemed as earned and due upon conclusion of the corresponding purchase or rental contract. Intermediate letting and sale as well as possible errors and changes are subject to be expected at any time.
Peter Hiersche Immobilien has the right to be present at (notarial) contract conclusion. Commission billing is based on the brokered purchase or rental contract. If no contract is presented to Peter Hiersche Immobilien billing will be executed based on the values (purchase price or monthly rent) stated in the offer.
The commission claim still exists if the brokered and concluded contract should expire following the occurrence of a resolutory condition. The same applies if the contract is cancelled due to a conditional withdrawal or doew not get fulfilled due to other reasons. Futhermore the commission is also payable if relatives or economically connected third parties make use of the real estate offer resulting in the conclusion of a purchase or tenancy contract.
6. Default in payment
If the client delays payment default interests at 5% above the base rate of the European Central Bank will apply, however at least 6% unless a higher rate can be claimed for any other legal reason. If no consumer is involved the interest rate will be at least 8% above base rate. The client is entitled to proof a lower damage.
If no individual written agreement commission is justified and arises if a contract is concluded based on the fact that Peter Hiersche Immobilien provided property information to the client (buyer or tenant of a commcial property) such as property adress and name of the owner. Is the client already aware of a property offered for sale or a commercial property for rent (= prior knowledge), he has to inform Peter Hiersche Immobilien promptly but no later than within five working days by written notice providing a proof of his knowledge. If no notification is communicated to Peter Hiersche Immobilien within this period it is assumed that there is no prior knowledge. If a contract had been already concluded the client is obliged to disclose contract conclusion date, contracting parties as well as purchase price respectively monthly rent. The contract must be disclosed immediately after conclusion. As required Peter Hiersche immobilien is entitled to request and obtain information from the property register, notary or other third parties for that purpose.
The photographer owns the copyright of the photos according to existing copyright laws. The clients is entitled to use photos made by the photographer for privat purposes only. If the photographer grants a right of use this is limited to a simple, non-exclusive right of use. Transferring user rights to third parties is not permitted unless specified in an additional written agreement. The rights of use shall not be deemed to have passed to the client until the agreed fee has been fully paid to the photographer. The client ("Besteller" of a picture according to § 60 UrhG) has no right to reproduce or distribute a photo unless the relevant user rights had been granted to him in advance. The rights as per § 60 UrhG are explicitly excluded. Unless agreed differently the name of the photograph has to be indicated on every photo so that the photographer can be recognised as creator/source of the photo at any time. Violation of this may result in a claim for compensation. Photo negatives shall remain property of the photographer.
9. Ancillary agreements
Ancillary agreements made verbally require written confirmation by Peter Hiersche Immobilien to become legally effective.
10. Severability clause and court of jurisdiction
The invalidity of any of the preceding conditions will not alter the validity of the remaining conditions.
Place of jurisdiction for all disputes arising is Munich as far as an agreement of the court of jurisdiction is legally permitted.