General Terms and Conditions (GTC)

1st General
The following General Terms and Conditions apply to all brokerage contracts concluded between the real estate agency "Swana Muttschall®" (hereinafter referred to as the broker) and all clients (hereinafter referred to as the customer), regardless of whether they are sales/purchase orders or rental orders. If clauses only apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) or merchants, this will be clearly indicated in the respective clause.

2. Brokerage Agreement/Exclusive Mandate/Term/Involvement of Third Parties
The customer undertakes not to engage or entrust any third parties with the mediation during the term of the brokerage agreement. Unless otherwise agreed, the fixed term of the exclusive mandate is 12 months. The broker is entitled to involve other brokers in the processing of the order. In a normal brokerage agreement, the customer is allowed to engage additional brokers for the marketing of their property.

3. Dual agency
The broker may act for both the seller or landlord and the buyer or tenant, unless there are legal exclusionary circumstances.

4. Entitlement/Due Date
The entitlement to commission arises from providing evidence of the opportunity to conclude or mediate a lease, sale, leasehold, company share, or building rights agreement, as well as economically equivalent contracts (hereinafter also referred to as the main contract) concerning the property. The fee becomes due upon conclusion of the main contract.

5. Amount of Remuneration
The amount of the fee is determined, unless otherwise agreed, based on the location of the property and the customary broker commissions in the area. For entrepreneurs, set-off against due commission claims is excluded, unless they are legally established or acknowledged in writing by the broker. The same applies to the assertion of a right of retention by entrepreneurs.

6. Customer's obligations: The customer authorizes the broker to access land registers, construction files, and all other official documents, and transfers their information and access rights to the property management. During the term of the exclusive brokerage agreement, the contracting owner is prohibited from actively advertising the property on the internet and/or in newspaper advertisements. However, they may enter into the main contract if they find a contracting party without the broker's involvement. All information and property references provided by the broker are exclusively intended for the customer's own use. Without the explicit written consent of the broker, the customer is prohibited from disclosing this information and evidence to third parties. If the customer already had knowledge of the contract matter presented to them, they must immediately notify the broker in writing and provide evidence. The customer is also obliged to inform the broker whether and when the intended contract has been concluded and what purchase price, rent, or lease has been achieved. The contract must be presented immediately after its conclusion. For this purpose, the broker is entitled to obtain the necessary information from land registry offices, notaries, and other parties involved.

7. Reimbursement claim of the broker: If, during the term of the exclusive agreement, the customer no longer wishes to conclude the main contract or prevents or obstructs its conclusion in bad faith, the customer undertakes to reimburse the broker for the actual expenses incurred .

8. Disclaimer of liability: The broker's liability is limited to grossly negligent or intentional behavior. This does not apply to liability for damages resulting from negligent breach of duty by the broker or a legal representative or vicarious agent, and the violation of an essential contractual obligation. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. The property information provided by the broker is based on the statements of the seller or a third party commissioned by the seller and is not verified by the broker for accuracy. The broker does not guarantee the accuracy of the property information.

9. Side agreements: Changes, additions, and side agreements are only valid if agreed upon in writing.

10. Place of performance and jurisdiction: If the broker and the customer are merchants, the place of performance for all obligations and claims arising from the contractual relationship is the broker's registered office and also the place of jurisdiction.

11.the severability clause states that if one or more of the provisions mentioned above are ineffective, the validity of the remaining provisions shall not be affected. The same applies if a part of a regulation is ineffective. The ineffective provision shall be replaced by a provision that comes closest to the economic interests of the contracting parties and does not contradict the contractual agreements.