Engel & Völkers Dortmund/Bochum Commercial
Imprint
EVC Dortmund Immobilien GmbH
Licence partner of the Engel & Völkers
Commercial GmbH
Westfalendamm 69
D-44141 Dortmund
DE-Germany
Telefon: +49 231 999 66 999
DortmundCommercial@engelvoelkers.com
HRB 28023 AG Dortmund
Tax number: 315/5735/1145
USt Id Nr. DE 304 364 867
IHK zu Dortmund
Supervisory authority: Stadt Dortmund
Ordnungsamt
Olpe 1
44122 Dortmund
Germany
Tel.: +49 (0)231 - 50 22329
ordnungsamt@dortmund.de
Authorisation granted by the Dortmund Public Order Office.
Public liability insurance:
Allianz Versicherungs-AG
10900 Berlin
Germany
Territorial scope: worldwide
Managing Director: Stephan Neukötter, Christin Kleinmann, Wolfram Rother
Online dispute resolution: http://ec.europa.eu/consumers/odr/
General Terms and Conditions
1. The brokerage contract between the client and us is concluded by
commissioning the brokerage activity in text form (e.g. e-mail with
confirmation of the intended claim). If no other arrangements follow from
other agreements, the contract with the owner or the lessor has a term of six
months and shall be extended automatically for another month unless it is
terminated in writing or in text form by one of the parties no later than four
weeks prior to the end of the contract.
2. During the term of the brokerage contract, the client shall not be entitled
to commission other brokers with referral and/or brokerage services relating to
the property covered by the contract. In case of culpable violation of this
provision, the client is liable for the damage thereby incurred in accordance
with statutory regulations.
3. Our referral and/or brokerage services are rendered on the basis of our
appointment by our contractual parties or details and information provided by
other authorized informants. No liability is assumed for this. Errors and/or prior
sale or lease may be expected.
4. We shall be entitled to render commissionable services to the other
party of the principal contract, provided there is no conflict of interests or legal
exclusion.
5. Our entitlement to the commission shall not be affected if, through our
referral and/or brokerage services, a rental, leasing or similar usage agreement
for the property covered by the contract is concluded between the parties of
the principal contract instead of the originally desired sale agreement, as long
as no legal exclusion applies. In this case, the standard brokerage according to
Sec. 653 Para. 2 German Civil Code shall be considered owed.
6. If at the conclusion of the brokerage contract the client has knowledge of
a contractual opportunity with regard to the offered property as well as the
contractual readiness of the other contracting party to the principal contract
(prior knowledge), or if they acquire this knowledge from a third party during
the term of the brokerage contract, they must notify us of this immediately.
7. Our property descriptions, the property- and contract-related
information provided by us and all of our referral and/or brokerage services are
intended only for the addressed client as the recipient in each case. Upon
conclusion of the brokerage contract, the client is obliged to keep all details
confidential and not disclose them to third parties. If the client culpably
violates this provision, they will be liable for damages if as a result our referral
and/or brokerage services are not successful. If the principal contract is
concluded with a third party as a result of an unauthorized disclosure of
information to this third party, the client shall be liable to us for the payment of
the lost commission. This applies accordingly to the reimbursement of
expenses that we have incurred in legitimate expectation of the conclusion of a
main contract, which did not materialise due to the culpable conduct of the
client.
8. The commission is payable as per Sec. 652 Para. 1 of the German Civil
Code upon conclusion of the effective principal contract if the principal
contract is based upon our contractual referral and/or brokerage services. The
client is obligated to immediately notify us when, for what compensation, and
with which parties the principal contract was concluded. This duty to provide
information shall not be affected by the fact that the principal contract is
subject to a condition precedent, and that this condition has not yet occurred.
9. The client may validly assert retention or set-off rights against our
commission claim only if the client’s demands are based upon the same
contractual relationship (brokerage contract), or if other demands are
undisputed or legally established.
10. We do not participate in dispute settlement proceedings before
consumer arbitration boards.
11. The place of jurisdiction for any disputes arising from the contractual
relationship (brokerage contract) shall be the registered office of the sales
agent, insofar as the client is a merchant, a legal entity under public law, or a
special fund under public law. If the client is a consumer (Section 13 BGB) who
does not have a general place of jurisdiction in the Federal Republic of
Germany, the registered office of the sales agent shall also be the non-exclusive
place of jurisdiction. If the client (consumer) relocates their place of residence
or habitual residence outside Germany after the brokerage contract has been
concluded, or if the client’s place of residence or habitual residence is not
known at the time of legal proceedings being initiated, the place of jurisdiction
shall also be the registered office of the sales agent. Exclusive jurisdictions, in
particular for the court dunning procedure, remain unaffected by the
aforementioned provisions.
