General Terms and Conditions
Kleophas Real Estate GmbH

  1. The brokerage contract between the customer and Kleophas Real Estate GmbH is concluded either by written agreement or by the use of the brokerage services on the basis of or with knowledge of the commission payable for the successful brokerage/provision of evidence.
    Unless the circumstances or deviating agreements indicate otherwise, the contract shall have a term of six months and shall be automatically extended by a further month in each case unless one of the contracting parties has given one month’s notice of termination before the end of the contract.

  2. During the term of the brokerage agreement with Kleophas Real Estate GmbH, the customer is not entitled to commission other brokers with brokerage and/or verification activities relating to the contractual property.
    In the event of a culpable breach of this provision, the customer shall be liable for any damages incurred as a result.

  3. The brokerage and/or verification activities are carried out on the basis of the information and data provided by the contractual partners of Kleophas Real Estate GmbH or other persons authorized to provide information.
    No liability is assumed for this.
    Errors and/or prior sale or rental are reserved.

  4. Provided there is no conflict of interest, the managing director of Kleophas Real Estate GmbH is also entitled to act for the other party to the main contract subject to commission.

  5. If a rental agreement is concluded between the parties to the main contract for the contractual property instead of the originally intended purchase agreement or vice versa as a result of the brokerage and/or verification activity, this shall not affect the commission claim.
    The usual brokerage fee within the meaning of § 653 para.
    2 BGB shall be deemed owed.

  6. If the customer knows the contractual details of the offered contractual object and the contractual readiness of the other party to the main contract (prior knowledge) when concluding the brokerage contract or if he obtains this knowledge from a third party during the term of the brokerage contract, he must inform Kleophas Real Estate GmbH of this immediately.

  7. The property exposés prepared by Kleophas Real Estate GmbH, the property/contract-related information provided and the entire brokerage and/or brokerage activity is/are intended exclusively for the customer(s) addressed in each case as the recipient.
    The client is obliged to treat the information confidentially after conclusion of the brokerage contract and not to pass it on to third parties.
    If the customer culpably breaches this obligation, he shall be liable to Kleophas Real Estate GmbH for damages if the brokerage and/or verification activity is not successful as a result.
    If the main contract is concluded with a third party as a result of the unauthorized disclosure of the information, the customer shall be liable to Kleophas Real Estate GmbH for payment of the lost commission.

  8. The commission claim is due in accordance with § 652 Para.
    1 BGB (German Civil Code) is due upon conclusion of the effective main contract if the main contract is based on the contractual brokerage activity.
    The customer is obliged to inform Kleophas Real Estate GmbH immediately when, for what fee and with which parties the main contract was concluded.
    The obligation to provide information shall not be affected by the fact that the main contract is subject to a condition precedent and this has not yet occurred.

  9. The customer may only assert rights of retention or rights of set-off against Kleophas Real Estate GmbH’s commission claim if the customer’s claims are based on the same contractual relationship (brokerage contract) or if other claims are undisputed or legally enforceable.

  1. If the broker and client are registered traders within the meaning of the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship shall be the broker’s registered office.

  2. Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions.
    This shall also apply if one part of a provision is invalid but another part is valid.

  3. The invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.

  4. The place of jurisdiction is Düsseldorf

    Kleophas Real Estate GmbH As at 26.08.2024