Terms
§1 Non-Disclosure Agreement
All information, including property details provided by Kolarski real estate & trading GmbH, is intended solely for the client. The client is expressly prohibited from disclosing any such information to third parties without the prior written consent of Kolarski real estate & trading GmbH.
If the client violates this obligation and a third party—or anyone to whom that third party has passed on the information—concludes the main contract, the client is obligated to pay the agreed commission plus VAT to Kolarski real estate & trading GmbH.
§2 Commission
The brokerage commission is due upon conclusion of the contract.
§3 Dual Representation
Kolarski real estate & trading GmbH is authorized to act on behalf of both the seller and the buyer.
§4 Duty to Inform
Before entering into a purchase agreement, the client is required to inform Kolarski real estate & trading GmbH of the name and address of the intended contractual partner and inquire whether the introduction was a result of the company's activities.
The client hereby authorizes Kolarski real estate & trading GmbH to access the land register, public records (especially building files), and to exercise all information and inspection rights with the property management company (WEG-Verwalter) that are granted to the client as a property owner.
§5 Substitute and Subsequent Transactions
The client is also obliged to pay the agreed commission for substitute transactions. Such a transaction occurs, for example, when the client, as a result of the services of Kolarski real estate & trading GmbH, concludes a contract with a different opportunity presented by the original contractual party or their legal successor, or when the client purchases the property instead of renting or leasing it (or vice versa).
It is not required that the substitute transaction be economically identical to the original transaction, as long as there is an economic connection as defined by case law.
§6 Reimbursement of Expenses
If no contract is concluded, the client must reimburse Kolarski real estate & trading GmbH for any documented expenses incurred during the execution of the assignment (e.g. advertisements, online listings, phone calls, postage, property viewings, travel expenses).
§7 Property Information
The property information provided by Kolarski real estate & trading GmbH originates from the seller or a third party commissioned by the seller. This information has not been verified for accuracy by Kolarski real estate & trading GmbH, and no liability is accepted. It is the client’s responsibility to independently verify the information.
§8 Limitation of Liability
Liability on the part of Kolarski real estate & trading GmbH is limited to intentional or grossly negligent conduct, provided that such conduct does not result in bodily harm or death of the client.
§9 Statute of Limitations
Any claims for damages against Kolarski real estate & trading GmbH shall expire after three years. This period begins at the time the act causing liability occurs. If legal provisions provide for a shorter limitation period in a particular case, those shall apply.
§10 Jurisdiction
If both parties are merchants as defined by the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship, as well as the place of jurisdiction, shall be the registered office of Kolarski real estate & trading GmbH.
§11 Severability Clause
Should any provision of this agreement be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a clause that most closely reflects the economic intent of the parties and is not in conflict with the rest of the agreement.