General Terms and Conditions
a) If you have received property details from us in respect of a specific property or commercial space, we offer to enter into a real estate agency agreement with you on the following terms.
b) For identifying the opportunity to enter into a purchase agreement a commission shall be due and payable upon conclusion of the main agreement. Upon request, you will provide us with copies of the pages of the signed main agreement, which are relevant for the calculation of the commission. If you have already been aware of a given opportunity to conclude a contract provided by us, you shall notify us immediately and, upon request, furnish proof thereof. Notwithstanding any prior knowledge of the potential contractual partner, we are entitled to the commission if we contribute causally to the conclusion of the Main Agreement.
c) A commission shall also be due and payable even if the Main Agreement is concluded by a third party affiliated to you, providing that you passed our brokerage services to that third party.
d) The entitlement to commission shall also arise if the contract is concluded at conditions that deviate from our offer or if contractual amendments and supplements will be concluded, if and to the extent of which they are connected in time and economic terms. The entitlement to commission shall also arise in case of conclusion of a financially equivalent agreement, e.g., if a sales contract instead of a lease or a hereditary building right contract instead of a sales contract is concluded in connection with the object and vice versa.
e) The entitlement to commission shall continue even if the concluded contract has expired due to resolutory conditions. The same shall apply if the contract will be resolved due to a reservation of the right to terminate the contract on the part of the Client or if it will be rescinded and/or not performed due to any other reasons based upon the latter.
2. Proof of financing
The buyer is obliged to provide confirmation of sufficient funds for this investment in the form of a mortgage contract, a bank letter or a balance statement within 7 days before the notary appointment.
a) JLL Residential Development GmbH assumes unlimited liability – irrespective of the legal reason – only for damage resulting from wilful or grossly negligent conduct caused by a legal representative, employee or vicarious agent of JLL Residential Development GmbH. Otherwise, JLL Residential Development GmbH’s liability for damage caused by JLL Residential Development GmbH, its legal representatives, employees and vicarious agents – irrespective of the legal reason – shall be limited to an aggregate sum of 500,000.-- €, unless agreed otherwise by the parties.
b) Any liability for loss of profits shall be excluded.
c) If compensatory damage claims against JLL Residential Development GmbH are excluded or limited, this shall also apply with regard to the personal liability of JLL Residential Development GmbH’s legal representatives and employees.
d) The aforementioned exclusions and limitations of liability shall not apply to damages arising from injury to life, limb or health caused by a negligent breach of the JLL Residential Development GmbH´s obligations by its employees or a wilful or negligent breach of its obligations by its legal representatives or vicarious agents.
e) The property details are produced by JLL Residential Development GmbH on the basis of information provided by the owner and are based on information and sources that JLL Residential Development GmbH considers to be reliable, but JLL Residential Development GmbH accepts no liability for their correctness, topicality, completeness and accuracy.
f) The description of the property in the property details is produced entirely by way of information for purposes of presenting and describing the property. The property details are only intended to serve the recipient as an aid to decision-making in respect of whether he has any interest in the property and want to commence his own detailed inspection. The property details therefore do not serve as the basis for a positive decision to invest or the decision to acquire rights in the property. They are no substitute for a need on the part of the recipient to conduct their own review on the facts and assessments contained therein, on which a decision to buy or rent may be based. For this reason the provision of these property details shall not give rise to any claims, in particular for damages or disclosure of information due to incomplete or incorrect information.
g) The property details also do not contain any representations or guarantees on which liability could be based. The same applies to other information in connection with these property details that is communicated to the recipient verbally or in writing.
h) Our notifications are not binding; subject to prior sale and letting and/or leasing.
4. Intermediaries and joint transactions
We are entitled to instruct further persons and to pass on part of the commission to these persons or pay such to these person in advance. Upon demand we will disclose to whom and in what amount such payments will be made or have been made.
Our offers and notes are intended for the recipient only. They shall be treated confidentially and must not be disclosed to third parties. If a contract is concluded between the third party and the seller as a result of unauthorized disclosure, you shall be obliged to pay the full amount of the commission that would have been payable upon successful conclusion.
We are legally obliged to undertake an Anti-Money-Laundering Check. You are obliged to provide us with the necessary information and documents required by law and to give promptly written notice about changes therein.
7. Applicable law, place of jurisdiction
The contract shall be governed by and construed in accordance with the laws of Germany. Place of performance and court of jurisdiction is to the extent permitted by law Berlin. You have received these general terms & conditions bilingual. The English version is a convenience translation only. In the event of any inconsistency the German version shall prevail and only this one shall be legally binding.
8. Online Dispute Resolution
If you have concluded the agreement as consumer online or by other electronic means, you can address a complaint via e-mail to email@example.com in case of a dispute. Irrespective thereof, you have the possibility to use the EU Online Dispute Resolution Platform which is accessible via http://ec.europa.eu/consumers/odr.