1. These terms and conditions apply with the acceptance of our offers, proofs and services. All offers are made without obligation and are non-binding, errors, omissions and are object to prior sale. The offers are made on the condition that the recipient intends to acquire or use the property for/by himself. All offers are highly confidential and may not be forwarded or passed on without to any third parties our prior written permission, including family members, and principals and/or ordering parties of the potential/prospective buyer. Any violations result in the covenant to pay the commission fee.
2. Our claim for fee respectively commission does arise if the intended economic business transaction is realized, for example by the proof of an object and the brokering of a purchase agreement between owner and buyer of an object even if the contractual content should deviate from our original offer. This explicitly includes for the case of a heritable building right instead of a purchase and for the purchase of an object in the course of a foreclosure sale. The right to commission remains in effect if the concluded agreement should expire due to a resolutive condition, a reservation of the right to rescind or should become invalid due to any other reason. The entitlement to commission remains unaffected by the fact that the conclusion of the contract takes place at a later point in time and/or with different conditions.
3. Objects already presented respectively already known to the recipient have to be reported to PNA Real Estate immediately. Unless such knowledge is proven to us our offer will be considered to be the cause of purchase. A later proof by third parties does not affect the causality of our offer. In the course of negotiations we will stated as the offering broker and will be involved in any conclusion of a contract.
4. In case of an unauthorized disclosure to third parties (incl. family members) the recipient will be liable for our commission. If a contract should be concluded with any third party as a result, the principal is obligated to indemnity to the amount of the commission which would have to be paid in case of a successful sale if the unauthorized disclosure has rendered the proof of the same object towards other existing prospective clients impossible. The proof of a lower damage remains unaffected for the principal.
5. The commission is due at the time of the conclusion of the brokered or established business transaction. The entitlement to commission also exists if a replacement transaction comes about instead of the transaction offered by us which whose economic success takes the place of the originally intended transaction (e.g. rent/lease contract instead of purchase contract or vice versa, foreclosure, in case of an amendment of the odder, especially when granting preemptive right).
6. In case of purchase or any other acquisition contract and a purchase by foreclosure regarding undeveloped or developed property or leasehold rights the broker commission amounts up to 6.00% of the total purchase price excl. 19% VAT, except agreed otherwise in writing. In case of commercial letting or lease it amounts to three (3) basic rents respectively lease payments plus 19% VAT. In case of a secured preemptive right entered in the land register, calculated on the value of the object, additional 5% on top of the regular commission excl. 19% VAT.
7. No warranty is given for the validity and completeness of the offered business transaction.
8. Verbal agreements require or prior confirmation. All of our offers are based on information provided by the seller respectively its representative(s). Errors excepted, subject to prior sale.
9. Implicit, oral and/or collateral agreements have not been concluded. Changes and amendments to this contract require to be made in writing. This also applies to a cancellation of this clause.
10. If one individual provision of this contract should currently be or become invalid or unenforceable or become so in the future, this will not affect the validity of the other provisions. Instead of the invalid or unenforceable provision(s) the parties agree already now to construe a valid provision that most nearly effects the intent and purpose of the invalid or unenforceable provision legally and economically. The same applies to the completion of contractual gaps.
11. PNA Business Solutions GmbH / PNA Real Estate is not obliged nor willing to participate in an arbitration facilitated by a public consumer arbitration agency (Verbraucherschlichtungsstelle).
12. The contractual relationship shall be governed by German law and both parties agree to Berlin, Germany, as the place of fulfillment and jurisdiction, if legally permitted.