(1) These General Terms and Conditions (AGB) apply to all brokerage contracts and services provided by RockAsset Real Estate Co. (hereinafter referred to as «Broker») to third parties (hereinafter referred to as «Customer»). They regulate the broker’s commission claim as well as all other rights and obligations of the broker.
(2) Contradictory or divergent terms and conditions from the customer are excluded and will not become part of the contract unless expressly agreed to in writing by the broker.
(3) These AGB also apply to future business relationships with the same customer without the need for a new express agreement.
(1) The broker provides evidence and/or mediation services related to the purchase, sale, rental, or lease of real estate, properties, company shares with real estate ownership, and economically comparable objects.
(2) A commission claim arises even if, as a result of the broker’s activity, a business is concluded that is economically equivalent or similar in content, even if the customer concludes the business with another party or is mediated by a third party.
(3) The broker is entitled to be provisionally active for both the buyer and the seller, as long as there is no conflict of interest.
(1) The broker’s commission claim arises with the conclusion of the main contract, regardless of whether it is concluded under a condition precedent or other modalities.
(2) The commission is fully earned as soon as the main contract is concluded, even if it is later revoked, reversed, or not executed for other reasons.
(3) The broker’s commission rate is as follows, unless otherwise expressly agreed in writing:
(4) The customer is obliged to immediately and unsolicitedly notify the broker in writing upon conclusion of the main contract and provide a copy of the contract.
(5) The commission claim remains valid even if the customer concludes the business with another broker or directly with the counterparty, circumventing the broker.
(1) The commission is due and payable immediately upon conclusion of the main contract, without the need for further demand.
(2) The customer automatically defaults on payment if the payment is not received in full within seven (7) days after invoicing.
(3) In case of payment default, the entire outstanding amount becomes due immediately. The broker is entitled to charge default interest of 9 percentage points above the base rate.
(4) The customer bears all costs arising from late payment or the enforcement of the commission claim.
(1) All information provided by the broker, particularly exposés, contract opportunities, negotiation details, and the amount of the agreed commission, must be treated as strictly confidential and may not be disclosed to third parties, either directly or indirectly, without the prior express written consent of the broker.
(2) This applies especially to the disclosure of the broker’s name or any information regarding compensation or other business terms of RockAsset Real Estate Co. Disclosure to third parties is only permitted with prior express written consent from the broker.
(3) Should a third party acquire confidential information or conclude the main contract through unauthorized disclosure by the customer, the customer will be fully liable for the agreed commission and will be obligated to pay a contractual penalty equal to the commission claim.
(1) The broker assumes no liability for the accuracy, completeness, or timeliness of the provided information, as it is based on third-party information.
(2) Liability of the broker is excluded, unless there is demonstrable intent or gross negligence.
(3) The broker is not liable for damages resulting from the use or disclosure of the provided information.
(1) The customer is obliged to inform the broker immediately about all negotiations, offers, and changes in the sales process.
(2) The customer hereby irrevocably grants the broker power of attorney to inspect land registry and building records and to obtain information from authorities and condominium owners’ associations (WEG administrators).
(3) All communications to the broker must be made in writing via email (info@rockasset.de) or postal mail to the business address of RockAsset.
(1) If the customer attempts to avoid the broker’s commission claim through circumvention, deception, or concealment, they agree to pay a contractual penalty equal to twice the commission claim.
(2) This contractual penalty is due in addition to the regular commission and must be paid within seven (7) days after the circumvention is discovered.
(1) The place of performance and exclusive jurisdiction for all disputes is Munich.
(2) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
(3) Should any provision of these AGB be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by one that comes closest to the economic purpose of the original provision.
