Terms and Conditions
TEDAX REAL ESTATE
Dislichstr. 4 – 47137 Duisburg – Germany
Our offers are based on the information given to us. The information is given to the best of our knowledge and belief and is based exclusively on information provided by the seller/landlord/customer. They are subject to change and non-binding. Errors and prior sale or rental reserved.
Offers and communication are intended exclusively for the recipient/client and may only be passed on with our written permission. This also applies to the passing on e.g. for the purpose of the conclusion of a business in connection with the offered property.
Infringements shall give rise to a claim for damages against the recipient.
In the case of utilization of our offers, a brokerage contract, or alternatively an agency agreement according to German law, comes into effect. A broker’s commission is also due if a transaction is concluded with a legal or natural person, company or corporation that is economically close to the recipient/client.
2. Prior knowledge
If the recipient/client is already aware of the opportunity for the conclusion of a contract proven by us, he is obligated to inform us of this in writing within one week with proof of origin. Otherwise, the client shall compensate us for expenses in accordance with § 8 of these General Terms and Conditions. The assertion of further claims for damages remains unaffected.
3. Accrual of the claim for commission
Our claim for commission arises as soon as a contract of any kind is concluded with regard to the object named by us on the basis of our proof or our mediation. Co-causality is also sufficient in this respect. If the contract is concluded at a later point in time or at conditions other than those specified by us, or if an economically equivalent (e.g. rent instead of purchase or vice versa) or only insignificantly deviating transaction is concluded regarding another object of the contractual partner proven by us, we shall continue to be entitled to commission from both contractual parties. Our claim for commission shall also remain in force if the concluded contract expires due to the occurrence of a condition subsequent.
The same applies if the contract expires due to the occurrence of a legal or contractual right of withdrawal. If a contract is concluded without our presence, the client is required to inform us immediately of the contractual partner and the contractual conditions.
4. Maturity of the commission claim
Our commission claim is due upon conclusion of the main contract. The commission is not dependent on the fulfillment of the main contract and is payable within 14 days after the conclusion of the main contract.
5. Object price/Commission amount
The price for an object (rent, purchase price, etc.) stated in the exposé is only a guideline and therefore absolutely subject to change. The claim to brokerage commission remains valid even if the contracting parties agree on a price for the object that differs considerably from the price initially stated by us. The amount of the broker’s commission shall be based on the price actually agreed upon. The commission rates are calculated on the basis of the total purchase price/net total rental price, which also includes debts assumed by the buyer, the assumption of liens on real property and the redemption of facilities.
If graduated rental agreements are made, the commission is calculated on the basis of the graduated rate for a contract term of 10 years.
6. Acting for third parties
We are also entitled to act for the other party to the contract against payment or free of charge.
7. Exclusion of liability
We assume no liability for structural damage or contractual defects. We only provide exposés and not liability-relevant brochures for examination.
We are not liable for the condition of the object, for technical specifications as well as with regard to the provision of information and investigation of financial circumstances and creditworthiness of the contract partners named by him.
In the case of an assignment for the drafting or the content of contracts (e.g. rental agreements for private or commercial premises), we shall not assume any liability on our part.
Our liability is otherwise limited to grossly negligent or intentional conduct, unless the client suffers bodily injury/health damage or loses his life as a result of our conduct.
8. Claim for reimbursement of expenses
If the client abandons his intention to sell/rent during the term of the contract, he shall reimburse us for any proven material costs (exposé, postage/telephone/travel costs, etc.).
9. Storage of personal data
In order to process your inquiry or order, we store your data electronically.
10. Place of jurisdiction/place of performance
Jurisdiction and place of performance for merchants is Duisburg.
11. Severability clause
Should individual provisions of these GTC be legally invalid, the other provisions shall not lose their validity.