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Status: 09/2022
The following General Terms and Conditions (GTC) have become the basis of the brokerage contract. The customer has taken note of the inclusion of these GTC in the brokerage contract and confirms that he has been given a copy of these GTC or that he has been informed of the possibility of viewing these GTC on the Internet at weltmann.ae/agb.
With the request of the exposé in the knowledge of our commission expectation, a commissionable brokerage contract for the offered object is concluded between the recipient (brokerage client) and WELTMANN REAL ESTATE LLC, of which these terms and conditions are an integral part, which are hereby acknowledged by the brokerage client.
The offers and information transmitted by WELTMANN REAL ESTATE BROKERAGE L.L.C, in particular exposés and their contents, are confidential and intended only for the respective recipient. Disclosure to third parties is prohibited without the express consent of WELTMANN REAL ESTATE BROKERAGE L.L.C, which must be given in writing in advance. If the brokerage client breaches this obligation and the third party or another person to whom the third party has passed on the information has the main contract, which was concluded in accordance with these terms and conditions, the brokerage client undertakes to pay compensation in the amount of the commission on the basis of these terms and conditions. The broker client reserves the right to prove that less or no damage has been incurred. Any further claim for damages by WELTMANN REAL ESTATE BROKERAGE L.L.C due to unauthorized disclosure of
information remains unaffected by this.
The offers of WELTMANN REAL ESTATE BROKERAGE L.L.C are subject to change and non-binding. Errors and prior sale/intermediate letting are reserved. The property-related details are based on the information provided to us, in particular by the seller/landlord. WELTMANN REAL ESTATE BROKERAGE L.L.C assumes no liability for their accuracy and completeness. It is therefore the responsibility of the client to check the property details and information for accuracy. Liability for the accuracy and/or completeness of this information is only assumed in the case of intentional or grossly negligent behavior.
The disclosure (= proof) of the property address and / or the provider is made with express reference to the commission claim of WELTMANN REAL ESTATE BROKERAGE L.L.C in the event of purchase or rental.
WELTMANN REAL ESTATE BROKERAGE L.L.C's entitlement to commission shall arise as soon as a main contract for the aforementioned property has been concluded on the basis of the evidence and/or brokerage provided by WELTMANN REAL ESTATE BROKERAGE L.L.C.. In this case, the causality of the brokerage activity is sufficient. If the main contract is concluded on terms other than those originally offered or if it is concluded for another property of the contractual partner proven by WELTMANN REAL ESTATE BROKERAGE L.L.C, this shall not affect the commission claim of WELTMANN REAL ESTATE BROKERAGE L.L.C as long as the transaction concluded is economically identical to the transaction offered or differs only insignificantly in its economic success from the transaction offered. The commission claim therefore arises in particular in the case of purchase instead of rent, acquisition of company shares instead of properties and vice versa, heritable building rights instead of purchase and exchange instead of purchase or rent.
The commission claim is due upon conclusion of the purchase contract/rental agreement. The commission is due after invoicing. WELTMANN REAL ESTATE BROKERAGE L.L.C has the right to be present at the conclusion of the main contract. If the main contract is concluded without the involvement of WELTMANN REAL ESTATE BROKERAGE L.L.C, the Client is obliged to inform WELTMANN REAL ESTATE BROKERAGE L.L.C immediately of the essential content of the main contract.
of the main contract and the basis for calculating the commission claim.
A buyer's commission in the amount stated in the exposé is due for payment by the broker's client when the opportunity to conclude a contract is proven or when a contract is brokered.
WELTMANN REAL ESTATE BROKERAGE L.L.C is also entitled to act for the other party to the contract (seller/lessor), whether for a fee or free of charge. In the event of dual activity, we are obliged to act impartially.
If the Client is already aware of the property offered by WELTMANN REAL ESTATE BROKERAGE L.L.C, he must inform WELTMANN REAL ESTATE BROKERAGE L.L.C of this immediately, but at the latest within 3 calendar days, and provide evidence of this to WELTMANN REAL ESTATE BROKERAGE L.L.C upon request. If the Customer fails to provide this information, he must reimburse WELTMANN REAL ESTATE BROKERAGE L.L.C for all expenses incurred by WELTMANN REAL ESTATE BROKERAGE L.L.C as a result of the fact that the prior knowledge is not reported or is reported late as damage.
The prerequisites for receiving a tipster commission are
Liability for negligent behavior on the part of WELTMANN REAL ESTATE BROKERAGE L.L.C, its legal representatives or vicarious agents is excluded. This shall not apply if the damage consists of injury to life, limb or health or is based on the breach of a material contractual obligation (cardinal obligation) or the absence of a characteristic warranted by WELTMANN REAL ESTATE BROKERAGE L.L.C..
WELTMANN REAL ESTATE BROKERAGE L.L.C is not obliged and not prepared to conduct dispute resolution proceedings before a consumer arbitration board in accordance with the provisions of the German Consumer Dispute Resolution Act (VSBG) in the event of disputes arising from or in connection with a contractual relationship between WELTMANN REAL ESTATE BROKERAGE L.L.C and a consumer before legal action is taken.
Place of fulfillment and jurisdiction for Düsseldorf.
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if one part of a provision is invalid but another part is valid. The invalid provision shall be replaced by a provision that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.
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