1.1 The present General Terms and Conditions for Real Estate Sellers (“GTC”) of Mandy Williams Immobilien, Weilerbacher Straße 71, 67661 Kaiserslautern (“Mandy Williams Immobilien” or “we”) apply to the business relationship of Mandy Williams Immobilien with the seller (“Seller” or “You”), who commissioned Mandy Williams Immobilien to market his property.
1.2 Deviating terms and conditions of the seller are not recognized unless Mandy Williams Immobilien expressly agrees to their validity in writing.
1.3 These terms and conditions also apply if Mandy Williams Immobilien is aware of the seller’s terms and conditions that conflict with or deviate from these terms and conditions and renders the services to the seller without reservation.
2 CONCLUSION OF CONTRACT
2.1 Mandy Williams Immobilien has made the seller a binding offer to market his property in accordance with the offer and the regulations contained in these General Terms and Conditions.
2.2 If the seller accepts this offer, a binding brokerage contract with the corresponding content is concluded.
2.3 By accepting the offer, the seller assures that he is the legal owner of the property in question or that he is authorized by the owner and any co-owners or other persons authorized to conclude the brokerage contract with Mandy Williams Immobilien.
3 MANDY WILLIAMS REAL ESTATE SERVICES
3.1 Mandy Williams Immobilien provides the seller with a personal real estate consultant and contact person who is responsible for marketing the property.
3.2 The tasks of Mandy Williams Immobilien include in particular:
A. Sales advice and valuation
B. Creation of an individual sales/marketing strategy
C. Implementation of the measures specified in the sales/marketing strategy, including:
– Creation of professional photos of the property for sale
– Creation of a meaningful and sales-promoting exposé
– Advertising the property on the Mandy Williams real estate website (https:/mandy-williams.com) and on other online portals and networks
– If necessary, create further marketing materials
D. Arranging and Conducting Viewings
E. Support for prospective buyers
F. Obtain Proof of Funding
H.Preparation and scheduling of the notary appointment
3.3 The specific marketing measures and sales documents vary depending on the property and are coordinated with the seller.
3.4 The aforementioned services by Mandy Williams Immobilien are fully compensated with the commission to be paid in the event of success.
4 ENERGY CERTIFICATE
4.1 If the seller requests the support of Mandy Williams Immobilien in creating an energy certificate, Mandy Williams Immobilien will have the energy certificate created on the basis of the consumption data that the seller transmits to Mandy Williams Immobilien. If the seller does not know the consumption data, Mandy Williams supports real estate in creating a requirement certificate. For this purpose, the seller will send Mandy Williams Immobilien the necessary data for the creation using a checklist provided by Mandy Williams Immobilien.
4.2 The services listed in section 4.1 are subject to a fee for the seller. Mandy Williams Immobilien is entitled to provide the service against a previously expressly agreed fee or to refuse to provide the service.
5 RIGHTS AND OBLIGATIONS OF MANDY WILLIAMS REAL ESTATE
5.1 Mandy Williams Immobilien is entitled to provide the brokerage services itself or through third parties. If Mandy Williams Immobilien commissions third parties to provide the service, the seller will not incur any additional costs or other onerous obligations.
5.2 Mandy Williams Immobilien is entitled to work for the seller as well as for prospective buyers for a fee.
5.3 Mandy Williams Immobilien will immediately inform the seller of all circumstances that may be of importance for his decision to sell. Mandy Williams Immobilien will inform the seller at regular intervals about the status of his efforts. Mandy Williams Immobilien is only obliged to carry out its own research if its importance and necessity are obvious. In other cases, Mandy Williams Immobilien is only obliged to carry out its own research if this has been agreed separately.
5.4 Mandy Williams Immobilien will carry out the brokerage contract with the diligence of a prudent businessman.
5.5 Mandy Williams Immobilien will maintain confidentiality with regard to the knowledge gained about the seller within the framework of this brokerage agreement.
5.6 Mandy Williams Immobilien is entitled to be present at the conclusion of the notarial purchase contract, which has the relevant property of the seller as its subject, and to receive a complete copy of the contract. If a contract is concluded without Mandy Williams Immobilien being present, Mandy Williams Immobilien must be informed immediately of the conclusion of a contract and Mandy Williams Immobilien must be sent a complete copy of the contract upon first request.
5.7 Purchase price payments are not accepted by Mandy Williams Immobilien.
5.8 All copyrights and/or ancillary copyrights to the sales and marketing documents created by Mandy Williams Immobilien, including the images created of the property, are owned by Mandy Williams Immobilien.
6 RIGHTS AND OBLIGATIONS OF SELLER
6.1 The seller is obliged to provide Mandy Williams Immobilien with at least the following documents:
A. Floor plan(s) and any other plans, elevations and sections of the property
B. If applicable, declaration of division and minutes of the owners’ meeting
C. Business plan / ancillary cost statement
D. If applicable, the current rental contract (personal data blacked out)
E. Energy performance certificate (required by law)
6.2 Mandy Williams Immobilien is authorized by the seller to inspect the land register of the property to be marketed and to have copies of the land register made and handed over as well as to obtain documents and information from authorities (building law office, land register office, etc.) or, in the case of residential property, from the responsible house/WEG administration. Mandy Williams Immobilien is entitled to grant corresponding sub-authorization.
6.3 During the term of the contract, the seller is not entitled to commission other brokers at the same time or to sell the property privately. Any prospect or agent who contacts him during the sale will be referred to Mandy Williams Real Estate for a one-stop shop.
6.4 If the seller breaches Mandy Williams Immobilien’s claim to sole representation by selling the property privately or through another broker during the contract period, he undertakes to pay Mandy Williams Immobilien compensation. The amount of this compensation corresponds to the commission that the seller would have to pay to Mandy Williams Immobilien if the sale had come about on the basis of the evidence or the mediation of Mandy Williams Immobilien.
6.5 The seller must inform Mandy Williams Immobilien immediately of all circumstances affecting the execution of the brokerage activity. This applies in particular with regard to giving up or changing his intention to sell.
6.6 The seller is obliged to inform Mandy Williams Immobilien immediately about any rental of his property or changes in the rental agreement.
6.7 The seller is obliged to include the commission agreement made with Mandy Williams Immobilien or the brokerage clause in the purchase contract.
6.8 The seller is obliged to treat all information received as part of the brokerage contract confidentially. In particular, he may not pass this information on to third parties.
6.9 The seller will prohibit other agents from dealing with the property and will refer them to Mandy Williams Properties.
6.10 The seller allows Mandy Williams Immobilien to use anonymous data from his property (e.g. location, equipment, price, etc.) for property value analyses.
7 BROKERAGE COMMISSION
7.1 The seller undertakes to pay the agreed commission to Mandy Williams Immobilien.
7.2 Mandy Williams Immobilien’s right to commission arises with the conclusion of the fully effective purchase contract between the seller and a prospective buyer who has been proven or mediated by Mandy Williams Immobilien. This also applies if the purchase contract is only concluded after the brokerage contract has ended, but due to the activities of Mandy Williams Immobilien.
7.3 The sale of an immaterial or real share in the property or the granting of hereditary building rights and the like as well as the granting of company rights are also deemed to be commission-based main contracts if this corresponds to the economic purpose pursued by the seller with the sale of the property.
7.4 The commission is calculated from the purchase price plus any additional services provided by the buyer to the seller. The prerequisite is that the services go to the seller (e.g. assumption of land register encumbrances, payment for facilities, etc.). Mandy Williams Immobilien’s claim to commission is not affected by a subsequent reduction in the purchase price.
7.5 If there is any ambiguity about the performance of Mandy Williams Immobilien, the seller is obliged to ask Mandy Williams Immobilien before concluding a notarial purchase contract whether the buyer has been named by Mandy Williams Immobilien.
7.6 The agreed commission includes VAT at the rate valid at the time the contract was concluded. In the event of changes in the statutory VAT rate, the commission increases or decreases accordingly.
7.7 Several clients are jointly and severally liable.
7.8 Mandy Williams Immobilien is entitled to assign all claims arising from the brokerage contract concluded with the seller to third parties (e.g. factoring companies).
7.9 Payments are to be offset in any case according to Section 366, Paragraph 2 of the German Civil Code.
8 TERM AND TERMINATION
8.1 Unless the parties expressly agree otherwise, the brokerage contract is concluded for a period of nine (9) months (“initial contract term”). During the initial contract period, the brokerage contract cannot be terminated ordinarily. After the initial contract term has expired, the term is extended by a further six (1) months, unless one of the parties terminates the contract by giving four (4) weeks’ notice.
8.2 Special right of termination: Contrary to Section 8.1, the seller can terminate the brokerage contract at any time with a notice period of four (4) weeks if the seller is dissatisfied with the performance of Mandy Williams Immobilien and Mandy Williams Immobilien has not solved the problem within 7 working days.
8.3 The right to extraordinary termination for important reasons remains unaffected. An important reason exists in particular if one of the parties violates their rights and obligations stipulated in this contract or if trust in the contractual relationship has been permanently disturbed in any other way and adhering to the contract is no longer reasonable.
8.4 The termination must be made in text form.
9 IDENTIFICATION (IN ACCORDANCE WITH SECTION 2 (1) NO. 14 OF THE MONEY LAUNDERING ACT)
9.1 The seller will provide Mandy Williams Immobilien with a copy of his identity card or passport (front and back).
9.2 The seller agrees that Mandy Williams Immobilien stores data for the identification and verification of the seller’s identity for 5 years in accordance with the obligation under Section 2 Paragraph 1 No. 14 of the Money Laundering Act. Mandy Williams Immobilien assures that this data will not be used for any other purpose than identity verification.
10.1 Mandy Williams Immobilien must observe the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BSDG) when processing the client’s personal data.
11.1 Claims by the seller for damages are excluded to the extent permitted by law. Excluded from this are claims for damages by the seller from injury to life, limb, health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Mandy Williams Immobilien, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the seller may regularly rely, remains unaffected. In the case of a slightly negligent breach of these contractual obligations, Mandy Williams Immobilien is only liable for the foreseeable damage that is typical for the contract, unless the seller’s claims for damages result from injury to life, limb or health.
11.2 The liability regulations contained in Section 11.1 also apply in favor of the legal representatives and vicarious agents of Mandy Williams Immobilien if claims are asserted directly against them.
12 FINAL PROVISIONS
12.1 In business transactions with merchants or legal entities under public law, the place of jurisdiction for all disputes arising from contractual relationships between Mandy Williams Immobilien and the seller is the seat of Mandy Williams Immobilien (Kaiserslautern).
12.2 The brokerage contract and these GTC are subject to the law of the Federal Republic of Germany. The application of the UN Sales Convention (CISG) is excluded.
12.3 This contract reproduces all points and supersedes all previous agreements. There are no verbal agreements. Changes, additions and termination must be in writing. Likewise, the cancellation or modification of the written form requirement must be in writing.
12.4 Should one or more clauses in these GTC be wholly or partially invalid, this does not affect the validity of the brokerage contract and the rest of the GTC. In this case, the ineffective clause is replaced by a clause that comes as close as possible to the economic intention of the parties. The parties are obliged to participate in a corresponding clarification of the contract text. The same applies to any gaps in these GTC.