Terms and Conditions
Kostorz Immobilien
Validity of the Terms and Conditions
All offers, assessments, and services from our end are based on these Terms and Conditions. They also apply to all future business relations, even if the Terms and Conditions are not explicitly stated again. Upon receipt of the service, at the latest, these Terms and Conditions will be considered accepted. All counter-confirmations based on other Terms and Conditions are hereby rejected. Deviations from these Terms and Conditions are only valid if we confirm them in writing.
Creation of a commission claim
1. As soon as a contract is completed, which involves brokering or assessment by us, we will claim commission.
2. We will also claim commission if our assessment is used in any other way.
3. If a contract is created under conditions, which deviate from the option we negotiated and brokered, we will still claim commission.
4. If the desired effect is reached via a different contract, during a foreclosure auction, or in an agreement based on heritage building rights, we will still claim commission.
5. Additionally, commission can be claimed for extensions of and additions to a contract, which has been negotiated by us, if these additions are added in conjunction with the original contract.
6. We will also claim commission if we enable negotiations between a client and the owner of a property or his/her representative, which lead to a contract concerning a different property.
Duration and integrity of a commission claim
1. Later assessment by third parties does not void our initial assessment or our commission claim.
2. If for any reason the negotiated contract is later voided, our claim for commission remains intact.
3. If the contract is cancelled within the cancellation period, our claim for commission remains intact.
Prohibition of circulation
1. Our offers, assessments, and other messages are meant for the recipient only. They are to be treated confidentially and may not be shared.
2. If illegal sharing of our information leads to a contract, our client assumes liability and is obligated to financially compensate us for the commission, which would have been created if the contract had been negotiated by us.
Other parts of the contract
It is within our rights to assume responsibility for other parts of this contract, which will also be subject to commission, unless a conflict of interest is apparent.
Information
All information included in our memos and written messages is based on information we receive from our clients (property owners, representatives, landlords, third parties). We try to receive correct and complete information from these parties, but we will not assume liability for their completeness, correctness, and up-to-dateness. Properties are subject to prior sale.
Non-binding offers, subject to prior sale
1. Our offers are non-binding.
2. All properties are subject to prior sale.
Oral side agreements and changes to the contract
Oral side agreements and changes to the contract need written confirmation from us before they become effective.
Place of fulfillment and jurisdiction
Place of fulfillment and jurisdiction is our registered office, unless legally non-permissible. This applies only to commercial clients.
Partial nullity
If individual regulations within these Terms and Conditions become invalid or ineffective, the remaining regulations remain effective. In place of the ineffective regulation, regulations in accordance with effective law apply.