© 2025 – All Rights Reserved – Priscilla DiLaura Real Estate Designed By: Parentheses
Priscilla DiLaura Real Estate
Terms & Conditions
Scope
These General Terms and Conditions (GTC) apply to all contracts between the real estate agency “Priscilla DiLaura Real Estate” (hereinafter referred to as “Broker”) and the client (hereinafter referred to as “Client”), including both sales and rental agreements. If individual clauses apply only to entrepreneurs under § 14 BGB or merchants, this will be clearly stated in the respective clause.
Brokerage Agreement and Duration
The Client undertakes not to appoint any third parties for the same brokerage task during the term of the agreement. Unless otherwise agreed, the fixed duration of the exclusive brokerage agreement is 12 months. The Broker is authorized to engage other brokers to fulfill the contract. In the case of a non-exclusive brokerage agreement, the Client may appoint other brokers as well.
Dual Agency
The Broker is permitted to act for both the seller/landlord and the buyer/tenant, provided there are no statutory exclusions.
Commission Entitlement and Due Date
The commission claim arises when the Broker proves the opportunity to conclude a sale, rental, lease, company share, or leasehold contract regarding the property or brokers such a contract. The commission becomes due upon the conclusion of the main contract.
Commission Rate
The commission rate is determined by the location of the property and the local market commission rates, unless otherwise agreed. For entrepreneurs, the offsetting of commission claims is excluded, except in the case of legally binding or written acknowledgment by the Broker.
Obligations of the Client
The Client authorizes the Broker to inspect the land register, building files, and other public records. The Client also transfers their rights to obtain information from the condominium management to the Broker. During the term of an exclusive agreement, the Client is prohibited from offering the property independently via other channels, unless the Client has found a contract partner without the Broker’s involvement.
All information and property references provided by the Broker are for the Client’s personal use only. The Client is prohibited from passing on such information to third parties without the Broker’s written consent. If the Client already knows of the contract opportunity, they must inform the Broker in writing immediately.
Liability Disclaimer
The Broker’s liability is limited to gross negligence and willful misconduct. Liability for damages to life, body, or health remains unaffected. The Broker assumes no liability for the accuracy of property details provided by the seller or third parties.
Confidentiality
The Client agrees to keep all information received in the course of the brokerage agreement confidential, especially confidential business information, contract terms, or sales strategies. Disclosing this information to third parties without the Broker’s consent is prohibited.
Side Agreements
Any changes and additions to this agreement are only valid if made in writing.
Place of Fulfillment and Jurisdiction
If both the Broker and the Client are merchants, the place of fulfillment for all obligations arising from this contract and the jurisdiction is the Broker’s registered office.
Severability Clause
If any provision of this agreement is invalid, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced by a provision that comes as close as possible to the economic intent of the agreement.