Terms

1. Offers and Liability

The offers are made based on information provided by the seller to Mori Immobilien. Mori Immobilien assumes no liability for the accuracy and completeness. The buyer or tenant is therefore obliged to check this information themselves before concluding the contract. Likewise, no guarantee can be given that the offered property will not be rented or sold elsewhere.

Claims for damages against Mori Immobilien are excluded unless they are based on intentional or grossly negligent behavior. The limitation period for asserting claims for damages is one year and begins when the claim arises.

2. Confidentiality of Offers

The offers are exclusively intended for the recipient and may not be passed on to third parties without written consent from Mori Immobilien.

If the recipient violates this and the third party subsequently concludes the contract proven by the broker, the recipient owes the commission as if he had concluded this contract himself.

3. Dual Activity

Mori Immobilien is entitled to also work for the other contracting party subject to commission.

4. Commission Claim

The commission claim of Mori Immobilien exists and becomes due as soon as a contract has been concluded or notarized based on our proof or mediation regarding the property named by us. A contributory causality of our activity is sufficient.

5. Commission Amount

Upon conclusion of a notarial purchase contract based on the proof and/or mediation activity of Mori Immobilien, the customary market commission of 5.95% of the purchase price, i.e. 5% plus statutory VAT, is calculated. If the buyer is a consumer and the subject of the contract is an apartment or a single-family house, the buyer is obliged to pay half of the commission. However, payment is only due when the seller has paid the other half of the commission and this has been proven to the buyer.

6. Deviating Transactions

The commission claim of Mori Immobilien is not affected by the fact that instead of the originally intended transaction, another one is concluded (purchase instead of rent or vice versa, acquisition in foreclosure instead of purchase, etc.) provided that the economic success does not deviate significantly from my offer. The same applies if a different transaction than intended is concluded with the buyer or seller or the tenant or landlord.

7. Knowledge of the Property

The recipient of an offer who is already familiar with the offered property for sale is obliged to notify Mori Immobilien of this immediately - at the latest within three days with indication of the information source in writing. If he fails to give this notice, he is obliged to pay the agreed commission in the event of a contract conclusion regarding the property proven in the offer.

8. Payment Terms

The commission amount is due for payment without deduction immediately after invoicing. Several clients are liable for the agreed commission as joint debtors. In case of non-timely payment of the commission or expense reimbursement, the client must pay default interest of 4% above the respective base rate. The client reserves the right to prove that no damage or damage of this amount has occurred.

9. Dissolving Conditions

The claim to brokerage remains if the concluded contract expires due to dissolving conditions. The same applies if the contract is dissolved due to a withdrawal reservation of the client or is reversed or not fulfilled for other reasons lying in his person. If the contract is successfully contested, the contracting party who set the grounds for contestation is obliged to pay damages.

10. Right of Attendance

We are entitled to be present at the conclusion of the contract, so an appointment must be communicated to us in good time. We also have the right to receive a copy of the contract and all related side agreements. If contract negotiations and/or the conclusion of the contract take place without the presence of a representative of Mori Immobilien, the customer is obliged to provide information about both the contract status and the contract conditions.

11. Jurisdiction

The place of jurisdiction for all parties is Mainz.

12. Severability Clause

Should a provision of these general terms and conditions be or become invalid, this does not affect the validity of the remaining provisions. The relevant legal provisions take the place of invalid provisions.

13. Right of Withdrawal

We hereby inform you of your 14-day right of withdrawal upon conclusion of the contract, with which you agree when making a contact inquiry by telephone, email, fax, letter, etc.

Please coordinate viewing appointments with me in advance so that the contracting parties can prepare for the appointment.