Terms and Conditions of Italimmo Fritsch & Fritsch GbR ( Real Estate Agency Purchase)
The following terms and conditions govern the contractual relationship between Italimmo Fritsch & Fritsch GbR, An der Beermahd 21, D-82229 Seefeld, (hereafter referred to as Italimmo) as the intermediary of property up for sale and their customers or prospective customers as respective clients.
1. Commission agreement
For the confirmation and/or the brokerage of contractual matters Italimmo receives a commission of generally 3,5 % of the purchase price plus statutory value added tax (VAT) from the client, unless the respective offer indicates otherwise and/or the present transaction is not subject to VAT. The commission is to be paid against invoice to Italimmo directly.
If the acquisition of a property is made through an agent or proprietor brokered by Italimmo, even if the Italimmo did not direct the clients attention to the property, Italimmo receives a commission of 3,5% of the purchase price nonetheless.
2. Payment of comission
The commission is considered earned and due immediately with the conclusion of the binding preliminary contract (Contratto preliminare or Compresso). The Commission is also due if the contract was concluded on terms which differ from the offer of Italimmo or if the targeted economic result was realized with another contract or due to a compulsory auction.
3. Notification obligations
The client is obligated to inform Italimmo about the conclusion of the main contract forthwith in written form and to forward a duplicate. Should the client distance himself from his contractual intentions, he is obligated to inform us immediately in writing. If the client is previously aware of a proven opportunity to a completion of a contract, he is obligated to immediately inform Italimmo and disclose the source of information.
4. Information about the property / confidentiality
The property offers displayed in exposÚs, brochures, descriptions, etc. are based on information Italimmo was provided with by third parties. Italimmo assumes no liability for such contents and in particular no liability is assumed for the completeness and accuracy. The property offers and notes are intended for the client himself and he is obligated to treat them as confidential. Should a contract between a third party and the proprietor be concluded as a result of the unauthorized disclosure of information, the client is obligated to compensate Italimmo for the loss of the commission.
5. Term of the contract
The brokerage contract between Italimmo and the client is concluded for an indefinite period and ends with the conclusion of a preliminary contract or the definite failure to conclude a preliminary contract. Otherwise the brokerage contract can also be terminated in written form, yet not in an inappropriate moment. The confidentiality obligations regarding the information about the properties and the liability for damages resulting from unauthorized disclosure apply beyond termination of the contract.
6. Dual Agency
It is explicitly admitted that Italimmo acts as a dual agency, meaning Italimmo may also work on a commission base for the other party, in particular regarding verification for the other party.
7. Compensation for damages
Claims for compensation against Italimmo are excluded, unless they are based on intentional or grossly negligent conduct. The limitation period for asserting compensation claims is three years, beginning with accrual of the entitlement.
8. Written form
Deviations or additions to these terms need to be agreed on in written form
9. Severability clause
If a provision of these terms is or becomes invalid, the validity of the remaining provision shall remain unaffected. The parties are obligated to agree on an appropriate provision to replace the invalid clause, which comes closest to the original provision in economic terms. The same applies to closing possible gaps of regulation.
Related links real estate Tuscany, real estate Umbria and real estate Marche
Real estate Tuscany | Real estate Umbria | Real estate Marche