Terms & Conditions

§ 1 Definition

"Broker" within the meaning of these General Terms and Conditions (GTC) is the Regenbogen Real Estate GmbH; "Client" the owner within the meaning of this provision,
insofar as these GTC are included in the contract between the broker and the
owner or a prospective buyer,
insofar as these GTC govern the contract between the broker and the
owners should be involved.

"Main contract" is the contract between the client
and its contractual partner for the transfer of ownership of
the object of purchase, as a rule therefore a notarized
Purchase agreement. The conclusion of a purchase agreement for the
The transfer of ownership of the object of purchase is
The granting of real or non-material shares or the
Transfer/granting of a heritable building right; the same applies to
applies in the event that the seller
is a land holding company and the majority
shares in the company are acquired/sold or
the acquisition in the context of foreclosure proceedings
by knockdown.

"Confidential information" are those according to
hereinafter § 14 a.) and "Authorized Persons" are those
of § 14c. below).

§ 2 Dual activity
The broker may act on behalf of both the owner and the
interested buyer in return for payment, insofar as the activity, for
which one party is limited to providing evidence. The
broker stands for strict impartiality in the event of a
double activity.

§ 3 Owner information, liability, limitation of liability
The broker shall point out to the client as a prospective buyer that
that the information passed on by him to the
Purchase object from the owner or from a third party
third parties and are to be checked by him, the broker, on
have not been checked for accuracy. It is the responsibility of the
to verify the accuracy of this information.
check. The broker who only passes on this information,
assumes no liability for the correctness of the information.
The liability of the broker is limited to gross negligence or
limited to willful conduct.

§ 3 Information obligation for the owner as
Client
If the client is the owner, he is obliged to inform the
Conclusion of the intended main contract stating the
Name and address of the intended contractual partner
to ask the broker whether the proof of the
intended contractual partner through its activities
was initiated.

The client as owner authorizes the broker to
Inspection of the land register and the land files, the
Insurance documents, building permit documents and
all other official files in which the object of sale
is documented, as well as to obtain information from the
property management. He also undertakes to provide the necessary
documents, such as existing rental agreements and - if available - an energy certificate, to the estate agent for the duration of this assignment
and to provide a copy to the broker and the broker's
to grant interested parties access to the property.
The client (owner) undertakes to pay the broker
immediately of any circumstances that could affect the
brokerage activities. This applies in particular
with regard to the abandonment or modification of the
Intention to sell.

Regenbogen Real Estate GmbH is entitled to
Presence at the conclusion of the main contract.

§ 4 Other sales partners
The broker may only add further sales partners with the express
with the prior written or textual consent of the
Involve the client as seller.

§ 5 Origin of a commission claim
The broker's claim to commission arises as soon as
of the evidence or the brokerage of the broker a
main contract regarding the named object of purchase or with
the proven prospective buyer with legal effect
has come about.

A main contract subject to commission does not exist if the
Acquisition by knockdown in a
foreclosure proceedings, and the
foreclosure proceedings already at the time of the
Proof (submission of the exposé/documents)
ordered, and the broker has not given an explicit
has given notice of the forced sale.
If the main contract is concluded at terms other than those originally
conditions offered, this shall not affect the
Commission claim not.

In the event that the main contract is concluded with another
seller is concluded than originally agreed by the
broker is named to the client as the buyer, this does not affect
the commission claim, insofar as the object of purchase corresponds to the
buyer has been proven.

§ 6 Due date and commission claim
The commission claim is paid upon conclusion of the main contract.
(usually a notarized purchase contract). The commission is due at the latest
payable on the day of conclusion of the contract against
Invoicing without any deductions.

Commission rates
a) Purchase For the purchase and sale of land and buildings
rights equivalent to real property, sale of house and
Real estate and owner-occupied apartments, based on
the total purchase price achieved and all associated
related ancillary services from the buyer 5.95%
incl. VAT.

b) Purchase and pre-emption rights In the case of agreements on purchase and
Pre-emption rights 1.19% incl. value-added tax, calculated
of the sales value or, in the absence of such, of the
Market value of the owner's property.

c) Rent and lease For rental and lease agreements for offices
and halls 2.97% incl. VAT gross monthly rent from the tenant/lessee. For rental and
Lease agreements for stores 4.05% incl. VAT
Gross monthly rent from the tenant/leaseholder.

d) Options and pre-leasing rights for agreements of
Options for expanding the area or extending it
term or, in the case of pre-letting agreements, a further
monthly rent from the tenant, irrespective of whether this
agreement independently or in a rental agreement with
fixed basic term.

§ 7 Prior knowledge
If the opportunity proven by the estate agent to
conclusion of the main contract is already known, the
The client is obliged to provide written proof of the broker's
or in text form without delay.

§ 8 Offers/information for the prospective buyer as
Client
The offers made by the estate agent are based on the
information provided. The offers are made after
to the best of our knowledge and belief. They are subject to change and
not binding. Errors, prior sale or
We reserve the right to make interim lettings. For properties that
are in the process of foreclosure, the respective
enforcing creditor/bank/savings bank/building society etc.
an ongoing auction procedure at any time provisionally or
terminate or discontinue its business activities permanently and thereby
the foreclosure sale date so that it can be canceled.
could ultimately not be acquired by you. The
Discontinuation of foreclosure proceedings remains
reserved.

The broker's liability is limited to intent and gross negligence.
negligence is limited in this respect.

§ 9 Replacement and follow-up transactions
The client shall be obliged to pay a fee in accordance with the agreed
commission rates also applies to a replacement transaction. A
A replacement transaction is deemed to exist if, for example, an object
sale/purchase was offered, the parties to the
main contract agree on a letting. In this case
the agreed commission is reduced/increased in accordance with
rates listed above in § 6 depending on the type of
Main contract.

A replacement transaction is also deemed to exist if the client and
the contracting party has concluded a main contract for a service other than
Property originally offered for sale by the estate agent
This does not apply if the launch of the
main contract is not based on an activity of the broker.
A replacement transaction is also deemed to exist if the main contract is not
between the prices verified by the broker
However, the contract is concluded with the contractual partner via the
Property for sale proven by estate agent.

A replacement transaction also exists if the client with
the contractual partner a main contract for the purchase object
contract, but the legal nature of the main contract depends on the
legal nature, which the broker has proven, such as
e.g. a purchase object was for sale, is rented or
Instead of the transfer of ownership, a heritable building right
transferred.

In order to trigger the commission obligation for replacement transactions
It is not necessary that the main contract subject to commission,
with the originally planned main contract economically
equivalent as defined by the case law on the term "equivalent".
the conditions developed for economic identity
must be.

§ 10 Reimbursement of expenses
Becomes the broker's chance to earn the commission,
as a result of a breach of contract and culpable behavior of the
client is thwarted, the client must
reimbursement of expenses; the same applies in the event that
the broker to terminate the contract for good cause
would be justified. Compensation for further damage
is not excluded by this.

The broker's expenses primarily include the costs for
Advertisements, exposés, other brochures, placement in the
Internet, information signs and other specific information for this
funds spent on the project. Expenditure does not include the
general business expenses of the broker and his
own working time.

Travel by the broker and his employees with the
motor vehicle may be charged at EUR 0.52 per kilometer.
including the applicable statutory value added tax
to be reimbursed. For other expenses such as postage,
Telecommunications services, office supplies and
A lump sum of EUR 20.00 per month is charged for the time spent.
determined. The broker is at liberty to provide evidence,
that his specific expenses were higher in the individual case.
The client is at liberty to prove that the broker
lower expenses than the lump sum in the specific case
have been incurred. In any case, the reimbursement of expenses
limited to a maximum of 10 % of the commission attributable to the
broker has escaped.

§ 11 Commission claim in the event of subsequent termination
of the main contract

The broker's entitlement to commission shall not lapse if the
proven or brokered main contract subsequently
canceled or reversed or mutually agreed upon
is canceled.

§ 12 Consultation clause

Before concluding a main contract, the
the broker, stating the name and address of the broker.
address of the intended contractual partner.
This is intended to give the broker the opportunity to
check whether the main contract has been terminated as a result of its
brokerage activity has come about.

§ 13 Data protection

The client consents to the broker processing data resulting from
this contract or the execution of the contract,
collects, processes and uses data and uses it in the required
to interested parties/owners.

§ 14 Confidentiality

a) All information about the object of purchase, the
the client, the estate agent, prospective buyers, the
main contract or this brokerage agreement, which the parties
mutually in the course of the fulfillment of this
brokerage agreement verbally, in writing, digitally or in
made available in any other form are confidential
("Confidential information").

The following are not considered Confidential Information
Information with regard to which the party in text form
can prove that (i) it has already provided them with
Disclosure by the respective other party or by
third parties commissioned by the other party were known, or
(ii) they are known or accessible to the public without
that this was done in violation of these
Confidentiality agreement, against another
agreement or against applicable law,
or (iii) these are generally accepted by the other party by means of
written notification to the party to the
disclosure in relation to third parties.

b) The parties mutually undertake to keep Confidential Information
information in strict confidence and to treat all
to take the necessary measures to ensure the
maintain confidentiality.

c) Each party may only disclose Confidential Information
the following persons ("Authorized Persons")
only to the extent that it is necessary for the
to which the Authorized Persons have the Confidential
Information for the execution of the brokerage agreement
need to fulfill their obligations in this context
to be able to fulfill these requirements properly:
(i) Legal representatives, members of the executive bodies and
employees ("representatives") of the respective party,
(ii) Courts/authorities, insofar as this is required by official/judicial
is demanded from a party,
(iii) other third parties in the event of corresponding prior
consent - in text form - by the other party.
Party.

d) In the event that one of the parties has a claim against the other
Party the confidentiality of Confidential Information
culpably violated, this party is obliged to pay the respective
other party a contractual penalty 10 % of the amount of the
under agreed commission per violation,
up to a maximum of 100% of the amount stated under
Error! Reference source could not be found.
agreed commission; this contractual penalty will be
the actual damage and/or to a
commission claim of the broker.

e) This confidentiality agreement shall remain effective for 2
year(s) after termination of this brokerage agreement.

§ Section 15 Severability clause

Should one or more of the above provisions
invalid or become invalid, the validity of the contract shall be
of the remaining provisions shall not be affected by this. This
also applies if part of a provision is invalid,
but another part is effective. The respective ineffective
provision is to be agreed between the parties by means of a
that serve the economic interests of the
the contracting parties and otherwise comes closest to the
does not run counter to contractual agreements.

§ 16 Place of performance and jurisdiction

The place of performance and jurisdiction for registered traders is Bad
Homburg v. d. H.