General terms and conditions
1. Scope
By requesting property particulars with knowledge of our commission expectation, the recipient (the agency client) enters into a commission-bearing agency contract with Fink GmbH concerning the property offered. These terms form part of that contract and are thereby accepted by the client.
2. Confidentiality and prohibition on disclosure
Offers and information sent by Fink GmbH, particularly property particulars and their content, are confidential and intended solely for the recipient. Disclosure to third parties requires Fink GmbH’s express prior written consent. If the client breaches this duty and the third party, or another person to whom that party passes the information, concludes the principal contract that would attract commission under these terms, the client must pay damages equal to the commission calculated under these terms. The client may prove that no loss, or a smaller loss, occurred. Fink GmbH’s right to claim further damages for unauthorised disclosure remains unaffected.
3. Offers
Fink GmbH’s offers are subject to change and non-binding. Errors and prior sale or letting are reserved. Property information is based on information supplied to us, particularly by sellers or landlords. Fink GmbH does not assume liability for its accuracy or completeness. Clients must therefore check property information themselves. Liability for the accuracy or completeness of this information is accepted only in the event of intentional or grossly negligent conduct.
4. Commission entitlement
The property address and/or provider is disclosed as an introduction with express reference to Fink GmbH’s commission claim in the event of purchase, exchange or rental. Entitlement arises when a principal contract concerning the identified property is concluded as a result of Fink GmbH’s introduction and/or negotiation; a contributing causal role is sufficient. A contract on different terms, or concerning another property of the introduced contractual partner, does not affect commission entitlement where the transaction is economically identical to, or differs only insignificantly in economic outcome from, the offer. This includes purchase instead of rental, acquisition of company shares instead of property or vice versa, a heritable building right instead of purchase, and exchange instead of purchase or rental.
5. When commission is due
Commission becomes due when the purchase, exchange or rental contract is concluded and is payable on invoice unless otherwise agreed in writing. Fink GmbH is entitled to attend conclusion of the principal contract. If it is concluded without Fink GmbH’s participation, the client must promptly disclose its essential terms and the basis for calculating commission.
6. Commission amount
Commission is calculated from the total purchase price and agreed in writing for each property.
Where a purchase contract concerns an apartment or single-family house within section 656a BGB, both buyer and seller become liable for half the commission following conclusion of the notarised contract (the equal-sharing principle). If Fink GmbH discounts or waives commission for one party, the other party’s commission is reduced by the same amount. Fink GmbH will inform the other party of the reduction.
7. Acting for both parties
Fink GmbH may also act for the other party, such as the seller, landlord or exchange partner, with or without remuneration. Where acting for both parties, we must remain impartial.
8. Prior knowledge
If the client already knows the property offered by Fink GmbH, they must inform us promptly, within three calendar days at the latest, and provide evidence on request. If they fail to do so, they must reimburse all expenses arising from the missing or late notification as damages.
9. Limitation of liability
Liability for negligent conduct by Fink GmbH, its legal representatives or agents is excluded. This does not apply to loss arising from injury to life, body or health, breach of an essential contractual obligation or absence of a specific characteristic guaranteed by Fink GmbH.
10. Information under the Consumer Dispute Resolution Act
Fink GmbH is neither obliged nor willing to participate, before court proceedings, in dispute resolution before a consumer arbitration body under Germany’s Consumer Dispute Resolution Act (VSBG) for disputes arising from or relating to a contractual relationship with a consumer.
11. Place of performance and jurisdiction
For merchants subject to the full provisions of German commercial law, the place of performance and jurisdiction is Kaiserslautern.
12. Severability
If one or more provisions are invalid, the remaining provisions remain effective. This also applies where part of a provision is invalid and another part remains effective. The invalid provision is to be replaced between the parties by a rule that most closely reflects their economic interests and otherwise does not conflict with their contractual agreements.