terms and conditions
Offers and previous knowledge
Offers and information from Rheinwert are based on information provided by third parties. Offers are made to the best of our knowledge and belief. They are subject to change and non-binding. Subject to prior sale and rental. Rheinwert assumes no liability for the accuracy of the information and data provided. If the customer is already aware of Rheinwert’s offer, Rheinwert must be informed of this in writing within 8 days after receipt of the offer and the source must be proven.
Offers and information from Rheinwert are intended exclusively for the customer and must be treated confidentially. The passing on of an offer or information to third parties is only permitted with the written consent of Rheinwert. In the case of unauthorized forwarding of an offer or information to a third party and conclusion of a main contract by the third party, the customer owes the full commission. Further claims for compensation due to unauthorized forwarding of an offer and information remain unaffected.
Rheinwert is entitled to be present at the conclusion of the contract. The customer is obligated to inform Rheinwert of the place and time in a timely manner. Rheinwert is entitled to receive a copy of the contract and all related collateral agreements. If the conclusion of the main contract takes place without the participation of Rheinwert, the customer is obligated to immediately provide Rheinwert with information on the essential content of the main contract for the calculation of the commission claim. If the customer distances himself from his contractual intentions, he is obliged to inform Rheinwert of this immediately in writing. If potential contractual parties enter into direct negotiations due to Rheinwert’s verification or mediation activities, reference must be made to Rheinwert’s activities. The content of the negotiations must be communicated to Rheinwert without being requested and without delay. Conduct by the customer that is in breach of the contract, in particular violation of the notification obligation in accordance with Paragraph 2, entitles Rheinwert to compensation for material and time expenditures. The compensation for time expenditure is calculated according to the compensation of sworn experts.
Origin of the commission claim, maturity
The claim to commission arises as soon as the main contract is concluded through mediation and/or on the basis of proof from Rheinwert. For this, contributory causality of the activity of Rheinwert is sufficient. If the main contract is concluded later or under conditions other than those originally offered or if it comes about via another property of the contractual partner proven by Rheinwert, this does not affect the claim for commission insofar as the economic success of the main contract does not deviate significantly from the offered transaction.
The occurrence of a resolutory condition agreed in the main contract does not affect the commission claim. The same applies, if the main contract expires by practice of a legal or contractual right of withdrawal. The commission claim remains unaffected in the event of subsequent invalidity of the main contract for which Rheinwert is not responsible. The commission claim arises in particular in the case of purchase instead of rent, acquisition of business shares instead of property and vice versa, heritable building right instead of purchase as well as exchange instead of purchase or rent. The commission claim is due upon conclusion of the main contract. The commission is payable within 10 days after invoicing.
Brokerage commissions are stated in the exposé or contractually agreed. The commission rates stated are exclusive of the respective legally valid value added tax.
Rheinwert is also entitled to act unrestrictedly for the other party to the main contract – against payment or free of charge.
Claims for damages against Rheinwert are excluded unless they are based on intentional or grossly negligent behavior on the part of Rheinwert. This does not apply to damage to life, body or health. Excluded from liability are indirect damages and lost profits. When concluding a contract with an entrepreneur as defined by § 14 BGB, liability is limited to contract-typical and foreseeable damages, as long as these were not caused intentionally or through gross negligence and as long as these are not based on the violation of essential contractual obligations. Rheinwert assumes no liability for the creditworthiness of the mediated contractual partners.
The legal relations between the parties including these General Terms and Conditions are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods. Cancellation, amendment or supplementation of these GTC, the brokerage agreement or this written form requirement must be in writing. Should parts of these GTC or the brokerage agreement be or become invalid or should a brokerage agreement contain a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the ineffective provision, an effective provision shall be deemed to have been agreed which comes as close as possible to the economic intention of the parties; the same shall apply in the event of a loophole. For customers of Rheinwert who are merchants within the meaning of the German Commercial Code, a special fund or a legal entity under public law, Düsseldorf is the exclusive place of jurisdiction for all disputes arising from the legal relationship and these GTC.
Last update: 20.07.2016