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CITYMAKLER DRESDEN GmbH + Co. KG - TERMS AND CONDITIONS

  1. CITYMAKLER DRESDEN GmbH + Co. KG, hereafter called “CMDD”, provides its services only only under the following terms and conditions.

  2. The client is entitled, where the contract with the estate agent is not a single order , to use the services of other estate agents. In such a case he is obliged to inform CMDD of the other estate agents who he has commissioned. The client obliges himself to handle all information, which he acquires during the course of dealings and preparation for a contract, in confidence and under no account to pass it onto a third party. Each and any breach of this condition entitles CMDD to claim compensation at the level of the agreed commission. The other partner to the contract is at liberty to prove that CMDD suffered no or limited damage as a result of this breach.

  3. The client is to immediately submit to CMDD all necessary documents and information he has, and to inform CMDD of any change in circumstances, which are connected to the services provided by an estate agent. The main obligations of the client includes informing the estate agent of the following - Changes to the anticipated purchase price or other interests in the property:
    • Changes to the original anticipated contractual conditions (e.g. period, deadlines, transfer of ownership)
    • Reservations or oral/written agreements to contract with other clients or estate agents
    • Reservierungen oder mündliche bzw. schriftliche Vertragszusagen anderer Kunden oder Makler
    • Missing preconditions for the availabilty of the property (e.g. no building permit obtained, the property has already been sold or let, or is the subject of a forced sale or is in receivership)

    The client is to inform CMDD in writing within three working days of becoming aware of any changes. Should the client obviously or wilfully breach this agreement, he obliges himself to reimburse CMDD for costs incurred in carrying out the commission. If the client is aware of conditions affecting the suitability to sell or let a specific property he is obliged to inform CMDD immediately, at the latest within 5 working days, in writing and to name the source of the information. If the client does not inform CMDD within the period specified, he can not claim lack of knowledge as a defence.

  4. The commission to CMDD is due for payment when the contract of sale is signed in the presence of a notary, or a tenancy agreement is signed, either having come about through the services of CMDD as an estate agent. A certified contract will also be regarded as coming into force when the sale of a tangible part or other interest is achieved, or rights to the property concerned are transferred, through a legal act (e.g. enforced or voluntary sale, transfer of ownership rights) and are in accordance with the aims of this agreement. The commission for the negotiating and mediation work will be due. The client recognises that CMDD is also entitled to the full commission when they have worked with other parties to successfully bring about a contract of sale or a tenancy agreement. The entitlement to the full commission will not be affected should the conditions in the sales contract not be in accordance with the conditions originally wish ed by the client. This will also be the case where it concerns persons or bodies with whom the said client has a person or business connection. CMDD has the right to be present when a contract of sale is signed or certified. Should a contract come into being without the presence of CMDD, CMDD is to be informed immediately of the other parties to the contract and the conditions of the contract. CMDD is entitled to a copy of the contract. It will be irrelevant whether or not the contract arose through the work of CMDD. For main contracts which arise more than a year after the end of the estate agent's contract this condition will apply when a valid interest can be proven.

  5. The commission will be calculated on the following basis, insofar as it now otherwise agreed in writing:
    • Sale or purchase will be calculated on the basis of the entire purchase price of the property or the tangible rights: Purchase price until 50,000,- EUR = commission 3,480,- EUR plus value added tax, purchase price between 50,001,- EUR to 1,000,000,- EUR = 5,85% plus value added tax, purchase price higher than 1,000,000,- EUR = 5% plus value added tax at the legal rate. Relevant shall ne the final price including services from which the client or a third party shall benefit.
    • Letting or renting of flats or property for private use: 2 months basic rent plus value added tax at the legal rate.
    • Letting or renting of commercial space or property for commercial use: 3 months basic rent plus value added tax at the legal rate.

    Where the main contract is based on a system of increasing rent, or where no or less rent initially payable, the commission will be decided by the inital rent level and not be affected by any release from paying rent which the landlord allows.

  6. The above-mentioned commission shall be due where, instead of the entire property particular or all components are let to a company or other similar body. The commission shall be based on the complete current value of the property to be sold (e.g. where the price paid is higher than the price originally asked).

  7. Should instead of the contract offered another contract, which is economically similar,arise for a property which is suitable for the economic plans which were the original criteria, the commission will be deemed to have been earned.

  8. The property details supplied by CMDD are based on infromation supplied by third parties. Therefore CMDD can accept no liabilty that these details are complete and correct. It is possible that the property has been sold or let since the details were supplied. The client has to check the details himself before entering into a contract. The client also has to check all documents which are supplied by CMDD, e.g. examples of contracts. CMDD does not offer services as a legal or tax advisor. The client is to make use of appropriate specalists in these fields where necessary.

  9. CMDD can accept no liability for the creditworthiness of the parties which it introduces. There is no charge for obtaining financial information which the other parties supply themselves, but no liability can be accept for its relaibility. Further infomation can be obtained on payment of a fee.

  10. CMDD may also work on behalf of other clients. Furthermore CMDD is entitled to negotiate commission agreements with several contract parties in business conflicts. CMDD commits itself to work impartially in such a case, in accordance with the basic rules. The client commits himself, in order to ensure CMDD's entitlement to commission, to enter the following clause in any contract which arises: "This contract has been arranged through CITYMAKLER DRESDEN GmbH + Co. KG, Antonstr. 10, 01097 Dresden“.

  11. CMDD is entitled, during the course of the contract, to transfer the work a third party. The client agrees that CMDD can collect, processe and use data collected from the documents relating to the property and the carrying out of the contractual obligations, and transfer the necessary data to an interested party. This agreement is also valid for future work, irrespective of whether a contract arises from the present commission).

  12. CMDD's lliability is restricted to the legal requirements for gross negligent or intentional behaviour. If not otherwise agreed, CMDD does not require the client to reimburse expenses in connection with the carrying out this commission. Should the opportunity to earn the fee be substantially hindered or frustrated by behaviour on the side of the client, or the client injures CMDD's main duties according to these terms and conditions, the client has to reimburse CMDD for proven expenses incurred, especially those for advertising, research, visiting, announcements and brochures. The client's right, to prove that the of CMDD claimed costs were lower as required, shall not be affected. The client has the same obligation with regard to injuries to single commissions.

  13. Both parties can give notice to terminate this contract, where it does not concern a single commission, the period of notice being to the end of the succeeding month, where there is at least one month until the end of the following month. A contract for a single commission can also be terminated with a period of at least one month until the end of the following month, but not before the end of the sixth full calender month. The contract is automatically extended by a period of three months where it is not terminated by one party with notice of at least one month. The contract automatically expires, without notice being given, two years after it comes into force should it not be expressly extended by the parties to it. Each party has the right to terminate the contract without notice, for an important reason. The notice must be in writing.

  14. The location for the obligations and rights of the contract, including the requirement for payments, is Dresden.

  15. If the client is a business as defined by the Trade Basic Law, any legal conflicts shall be decided by the court in Dresden.