Terms & Conditions
Conditions for brokerage services
For the provision of information and/or brokerage services, the client shall pay 5Star-RealEstate a brokerage fee of 6% plus statutory VAT of the total economic value of the contract, including all associated ancillary transactions and substitute transactions, upon conclusion of a notarial purchase contract.
The brokerage fee is due upon conclusion of the notarial purchase contract and is payable within 7 days of the invoice date.
General Terms and Conditions (GTC)
1. The mediation contract is concluded with the acceptance of the exposé. The recipient thereby accepts the following General Terms and Conditions.
2. Contacting us or the seller or his agent is considered acceptance of the offered object. The exposé was prepared with great care according to the information provided by the seller. A liability for the accuracy and completeness is not assumed. The information is subject to change and non-binding. Error corrections and interim sales are reserved.
3. The information on the subject of the agreement is intended only for the recipient. The information may not be disclosed. If information is disclosed and a contract is concluded by a third party, the recipient shall also be obliged to pay a brokerage fee. If the recipient and the third party are related and a contract is concluded with the third party, it is presumed that the information has been passed on by the recipient. The recipient must then document the non-disclosure of the information.
4. If the recipient is already aware of the offered object/goods, he must inform us of this within 7 days at the latest. If he fails to do so, the recipient shall recognize our further activity in this matter as leading to the conclusion of the contract. The prior knowledge shall be documented upon request. If a product/object offered by us is offered to the recipient again, the recipient shall inform us that we have previously made him aware of the object. Any brokerage services provided by third parties with regard to the object/goods offered by us shall be rejected by the recipient.
5. If the recipient of this offer enters into a direct relationship with the seller or his agent, our company shall be named. Our company is to be involved at the latest when the contract is concluded.
6. The brokerage fee is due in full if a transaction other than the one originally intended is concluded between the recipient and the owner of the offered property or his legal successor, or if the recipient acquires a previously offered property at a later date by way of public auction or compulsory auction.
7. On the basis of the brokerage commission we are entitled to act as an agent for both the recipient and the owner.
8. The brokerage fee is considered earned and due with the conclusion of the notary contract. The brokerage fee is to be calculated in the amount stated in the exposé.
9 The claim for brokerage fee shall remain valid in terms of reason and amount even if one party terminates or cancels the brokered contract on the basis of a statutory right or reduces the agreed remuneration after conclusion of the contract.
10. Deviating agreements are only effective if they are confirmed in writing. This shall also apply to any amendment of this written form requirement.
11. Should one of the above conditions be or become invalid, the validity of the remaining provisions shall not be affected. In place of the ineffective condition, the condition that comes closest to the customary condition in the brokerage business in terms of the economic result shall apply, or the statutory provisions shall apply in a subordinate manner.
12. If the recipient is a merchant or does not have a domicile in Germany, the place of jurisdiction and performance shall be the registered office of 5Star-RealEstate.