AGB of Wienroth Immobilien

General Terms and Conditions of Wienroth Immobilien dated 01.04.2011

§1 COMMISSION CLAIM

1.1 By making use of the brokerage services or entering into negotiations with the landlord/tenant or seller/seller on the basis of the offer published by the estate agent, the prospective tenant or buyer agrees to the brokerage contract and the brokerage contract is concluded in accordance with the existing General Terms and Conditions of Wienroth Immobilien.
1.2 Wienroth Immobilien shall receive a commission in the following amount (unless otherwise agreed) for the brokerage or brokerage of opportunities to conclude a contract, whereby VAT is already included in the commission rate for the end consumer.
a) for purchase contracts or economically similar transactions 5.95% incl. VAT of the purchase price or order volume
b) for letting, renting, leasing or economically similar transactions 2.38 cold rents incl. VAT
c) for brokerage of residential property or house and land ownership 5.95% incl. VAT of the purchase price.
1.3 Unless otherwise agreed, the above commission rates shall be paid to the estate agent by the client or user of the brokerage services provided by Wienroth Immobilien. They shall apply unless a different commission is expressly stated in the respective offer. The commission is due immediately on the day the contract is concluded.

§2 DUE DATE OF THE COMMISSION

2.1 The stated commission shall become due with immediate effect on the day the contract is concluded if a corresponding contract (under §1 of this contract) is concluded for the property offered.
2.2 A claim to commission shall also arise if, for economic, legal or other reasons, another contract is concluded in addition to or instead of the one offered (e.g. conclusion of a purchase or lease agreement, conclusion of a licence or cooperation agreement).
2.3 In the event of late payment of commission or reimbursement of expenses, the client shall pay interest on arrears at a rate of 2% above the respective base rate, but at least 6%. The client reserves the right to prove that no loss or a different amount of loss has been incurred.
2.4 In the event that a purchase or rental agreement is concluded for another property belonging to the provider, the agreed remuneration or the agreed commission claim shall also be paid insofar as Wienroth Immobilien has provided proof of the conclusion of the purchase agreement with the respective owner or client within the scope of the order or has enabled the contracting parties to be named.
2.5 The claim to commission shall also continue to exist if the concluded commercial contract expires due to a cancelling condition or becomes invalid for other reasons.

§ 3 DUAL ACTIVITY

The Broker may also work for the other party to the contract for which commission is payable.

§ 4 PROHIBITION OF DISCLOSURE

All information, including the broker's property documentation, is intended exclusively for the client. The client is expressly prohibited from passing on the property documentation and information to third parties without the broker's express consent, which must be obtained in writing in advance. If the client breaches this obligation and the third party or other persons to whom the third party has in turn passed on the information concludes the main contract, the client is obliged to pay the broker the commission agreed with him.

§5 KNOWLEDGE OF OFFERS

If the client is already aware of an offer, he must report this in writing immediately, but at the latest within 3 days of receipt, stating the source. Violations of this obligation shall give rise to a claim for damages on the part of the broker.

§6 DUTY TO PROVIDE INFORMATION

The client is obliged to inform the broker immediately in writing if he wishes to accept or not accept an
brokered and/or proven opportunity to conclude a contract.

§7 CONCLUSION OF THE MAIN CONTRACT

The client is obliged to inform the broker immediately in writing of the conclusion of a
main contract and to send a copy of the contract. Furthermore, an authorised representative of Wienroth Immobilien shall be entitled to attend a contract conclusion or notarisation meeting between the brokered contracting parties at any time.

§8 LIABILITY

All details given about the property/property are based on information provided by the seller. As an agent, Wienroth Immobilien assumes no liability for the correctness of: structural, price, tax or legal statements. The estate agent expressly points out that no guarantee can be given for the brokerage of properties or for the identification of a buyer/tenant.

§9 WRITTEN FORM REQUIREMENT, CONTRACT AMENDMENT

Deviations from or additions to these terms and conditions must be agreed in writing. This also applies to the contractual point §9 itself. Cancellation of the brokerage contract must also be in writing.

§10 SEVERABILITY CLAUSE

Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if one part of a provision is invalid but another part is valid. The invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the contracting parties
and which does not conflict with the other contractual agreements.

§11 PLACE OF JURISDICTION

The place of jurisdiction for all disputes between the parties is, as far as permissible, exclusively the registered office of Wienroth Immobilien in Jena.

Jena, 01.04.2010

Thomas Wienroth