General Terms and Conditions of Jones Lang LaSalle Residential Development GmbH ("JLL RD")
I. Real estate agency agreement
If you have received property details from JLL RD in respect of a specific property or space, JLL RD offers to enter into a real estate agency agreement with you on the following terms.
II. Commission
a) For identifying the opportunity to enter into or brokering a purchase agreement or financially equivalent agreement (hereinafter referred to as "Main Agreement") relating to the property or space presented in the respective property details (hereinafter referred to as "Agent's Services") a commission shall be due and payable upon conclusion of the Main Agreement. The amount of the commission is determined in the property details or contract. The only case in which this shall not apply is if our letter or the property details indicate that the identification or brokering service regarding the object in question shall be commission-free.
b) 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 Agent's Services of JLL RD to that third party.
c) You will provide JLL RD with copies of the pages of the signed Main Agreement, which are relevant for the calculation of the commission.
d) The entitlement to commission shall also arise if the Main Agreement 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.
III. Notification of prior knowledge
If you already know the potential contractual partner and the property, you are obliged to notify JLL RD of this in writing within seven days. Notwithstanding any prior knowledge of the potential contractual partner and property, JLL RD is entitled to the commission causally to the conclusion of the Main Agreement.
IV. Proof of financing
You, as the buyer, are obliged to provide confirmation of sufficient funds for the purchase (e.g. in the form of a mortgage contract, a bank letter or a balance statement) within 7 days before the notary appointment regarding the property.
V. Limitation of liability - prohibition on passing on to third parties
a) JLL RD 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 RD.
b) Otherwise, JLL RD's liability for damage caused by JLL RD, 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.
c) Any liability for loss of profits shall be excluded.
d) If compensatory damage claims against JLL RD are excluded or limited, this shall also apply with regard to the personal liability of JLL RD's legal representatives and employees.
e) The aforementioned exclusions and limitations of liability shall not apply to damages arising from injury to life, limb or health.
f) The property details are produced by JLL RD, based on information provided by the owner/developer and are based on information and sources that JLL RD considers to be reliable, but JLL RD accepts no liability for their correctness, topicality, completeness and accuracy.
g) 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 you as an aid to decision-making in respect of whether you have any interest in the property and want to commence your 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.
h) The property details also do not contain any representations or guarantees on which liability of JLL RD could be based. The same applies to other information in connection with these property details that is communicated to you verbally or in writing.
i) The property details are for exclusive use by you for the aforementioned purposes. They may not be passed on to third parties without the consent of JLL RD. Publication or re-production, whether in whole or in part, is not permitted.
VI. Intermediaries and joint transactions
JLL RD are entitled to instruct further persons and to pass on part of the commission to these persons or pay such to these persons in advance. Upon demand JLL RD will disclose to whom and in what amount such payments will be made or have been made.
VII. Confidentiality of the property details and supplied data & The use of data
a) The property details supplied and all other information you receive from JLL RD in connection with the real estate agency agreement are protected by law. The information supplied by us must not be passed onto third parties. If an unauthorized passing on of such information, in particular the property details or the name or contact details of the contractual partner identified or brokered for you, results in a Main Agreement with the third party being concluded, you shall owe to JLL RD a commission in the amount that would have been payable had JLL RD identified or brokered the third party in accordance with the provisions of this agreement.
b) You grant to JLL RD a non-exclusive license to use the data provided to JLL RD and any intellectual property contained within it for the purpose of anonymizing and aggregating such data (such that it cannot be reverse engineered) and using it for its legitimate business purposes.
VIII. Anti-Money-Laundering-Check
JLL RD is legally obliged to undertake an Anti-Money-Laundering Check. You are obliged to provide JLL RD with the necessary information and documents required by law and to give promptly written notice about changes therein.
IX. 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 info.germany@jll.com in case of a dispute. Irrespective thereof, you have the possibility to use the EU Online Dispute Resolution Platform which is accessible via https://ec.europa.eu/consumers/odr.
XII. Applicable version/ Applicable law/ Place of jurisdiction
You have received these general terms & conditions in German and English. 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.
This real estate agency agreement is governed by German law. The place of performance and court of jurisdiction is Berlin.