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Selectra Kübler GmbH
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general terms and conditions
1.
By using this service the recipient accepts the terms and conditions below. Use of this service includes contacting our company or the owner for the object offered, this also applies to verbal offers.
2.
Business objective is the acquisition, disposal, management, and other utilization of developed and undeveloped properties, especially residential buildings, commercial buildings, and residential and commercial spaces, as well as the identification and brokerage of relevant objects.
3.
The offers of brokerage and business are non-binding and without obligation for our company.
For all offers, errors, omission, interim utilization, and interim purchase are reserved. The offers are only for the recipient, they will be kept confidential and shall not be given to third parties, without our prior written consent. In the event of violation, the recipient is liable for the commission without any proof of damage.
4.
The proof that our company offered an object shall be considered as acknowledged, unless the recipient demonstrates immediately upon receipt, but no later than 5 days after that, and without culpable delay, in written form, and including the source, that another party offered the object in written form to purchase or rent. Failure to do so means that the recipient acknowledges our continued activity in this matter as an activity, which is causative for the conclusion of a contract. This shall be considered evidence of the conclusion of a contract by us.
5.
A claim of commission occurs in principle, if the intended economic success of the business is achieved. Both for the documentation, as well as for the brokerage of a purchase or other acquisition contract, the purchaser has to pay the commission stated in the synopsis / offer. We have the right to act for both sides (purchaser / vendor).
6.
In case of the conlusion of other contracts – of any kind – by us, or on objects documented by us, especially contracts, which provide the recipient of the offer with economic control or utilization of the object, this procedure, in any case resulting in the conclusion of the respective contract, is subject to a commission fee.
7.
Our offer is for the recipient only. At the conclusion of the contract through legally or economically affiliated companies, or persons, or family members of the recipient, the disclosure is implied. This also results in a direct entitlement to commission.
8.
All commission rates plus the applicable VAT.
9.
There is no guarantee regarding the correctness and completeness of the services offered. Liability for all possible cases within the legal framework is excluded. No collateral agreements and no warranties have been made outside the written offer. To become legally effective, any collateral agreement requires written confirmation. A brokerage agreement also occurs for objects that are announced ( verbally ) via telephone offers, and this, for the recipient of the offer,results in an obligation to pay commission.
10.
Our company does not assume any liability whatsoever for the financing of the objects documented by us. The commissioner (purchaser) undertakes to inform our company in due time in advance of any intended authentication in case a notarial purchase contract, or a contract which is economically equivalent, is concluded on an object brokered / documented by us. The commissioner without exception assumes the obligation to inform our company on the exact time and location of the intended authentication. This shall secure that our company can take part in the recording of the purchase contract, and take care of the inclusion of a brokerage clause in the purchase contract, or an individual notarial authentication of such a clause. The commissioner is aware that the information of our company in due time is an obligation resulting from the brokerage contract.
In case the commissioner violates the information obligation, or fails to secure in this respect the inclusion in the purchase contract, or separate recording of a brokerage clause, it is his contractual duty to pay a compensation amounting to the sum of the commission documented in the original offer statement.
11.
We are also entitled to receive a copy of the contract.
12.
All negotiations, inspections and contracts related to the object documented / brokered, may be used only in connection with our company. In the event of infringement the recipient / client is liable for the resulting damage.
13.
The brokerage- and documentation commission is earned and due for payment on the day the contract is signed.
14.
If parts or individual formulations of this text are not, no longer or not completely correlate with applicable laws, the remaining parts in their content and validity remain unaffected.
