Terms & Conditions

1. General Principles of our Real Estate Broker Activities
Norenva GmbH transacts business in the field of disclosing business opportunities and/or brokerage of real estate property. We devote the highest level of care to all broker contracts in the interest of our principal whilst complying with the principles of a responsible merchant. Our activities are based on §§ 652 et seq. German Civil Code (Bürgerliches Gesetzbuch, BGB) and 34 c German Trade Regulations (Gewerbeordnung, GewO) as well as the German Broker and Commercial Builder Ordinance (Makler- und Bauträgerverordnung, MaBV). These General Terms and Conditions of Business regulate the reciprocal rights and obligations arising from the broker contract. We are entitled to act, with or without compensation, also for the other part of the intended main contract.

2. Exposé ­ Particulars, Offers
The particulars stated in our offers are based on information provided to us by third parties, in particular, the offeror of the real estate property. We endeavour to obtain the complete and correct particulars as far as possible. We cannot, however, assume any liability for the correctness and completeness of the information. Disclosures of business opportunities by us are subject to change without notice. Rights to an interim sale are reserved.

3. Confidentiality of the Offer
Our offers and notifications are intended only for the principal (the party obligated to pay commission) or the recipient directly addressed by us and may not be transferred to third parties. Should the a main contract be concluded on the basis of unauthorised transfer thereof to a third party, the principal (the party obligated to pay commission) or the recipient of the transferred information shall pay liquidated damages in the amount of the commission stipulated in the exposé or as agreed.

4. Prior Knowledge
Should the principal (the party obligated to pay commission) already have prior knowledge of the real estate opportunity disclosed by us for the conclusion of a contract, the principal shall notify us in writing hereof without undue delay but, however, at the latest within eight (8) days of receipt of the offer with details of the source and, upon demand, shall provide proof hereof. In cases of violations of the aforesaid, Item 5, para. 3 hereof shall apply. Until proof of any prior knowledge, our disclosure of the real estate property shall be deemed to be the cause of the conclusion of the main contract.

5. Cooperation and Information Obligations
With direct negotiations, the principal (the party obligated to pay commission) shall make reference to our brokerage activities and shall notify us without undue delay concerning the content of the negotiations. We shall be entitled to be present at the conclusion of the contract; the date and location shall be notified to us in writing in a timely manner. The principal (the party obligated to pay commission) shall deliver a copy of the concluded main contract to us. Should the principal (the party obligated to pay commission) give up its intent to enter into the contract or should the contract granted to us become nugatory in any other manner, the principal shall be obligated to provide us with information hereof in writing without undue delay. Should the principal (the party obligated to pay commission) breach its information obligations, we shall receive reimbursement of our expenditures for advertising measures, insertions, exposés, travel, postage fees, photocopies, etc. in the amount of 5% of the agreed commission and ­ insofar as the breach causes a loss of the commission claim ­ an additional lump sum amount for time expenditure and lost profit in the amount of 20% of the agreed commission. The right to prove a lesser damage shall be reserved for the principal (the party obligated to pay commission).

6. Commission Rates
We transact our brokerage activities on the basis of commissions on sales made. The commission rates are determined according to the particulars stated in our exposés. The commission rates are exclusive of the respectively statutory VAT in effect, unless stated otherwise.

7. Formation of the Commission Claim
The commission claim shall come into being as soon as the intended main contract comes into force on the basis of our disclosure and/or brokerage activities. It is sufficient if our activities are concurrent contributing factors. The commission claim shall also come into being if the conclusion of the main claim occurs at a later time or with deviating terms and conditions, insofar as the same economic effect shall be achieved by the principal (the party obligated to pay commission). Our commission claim shall also come into being if the success strived for is achieved by another contract or for instance by award of a contract in a compulsory auction or by agreement of a building lease. A commission claim shall also come into being if a contract comes into effect by negotiations with a real estate owner or authorised agent disclosed by us or procured by us with regard to other real estate property.

7a. Continuing Existence of the Commission Claim
Our commission claim shall continue in effect even if the contract is dissolved due to conditions subsequent. The commission claim shall also continue in effect if the contract is eliminated by means of cancellation on the basis of a contractually agreed cancellation right.

8. Commission Payment Date
The commission shall be earned and is payable and due without deduction on the date of the conclusion of the main contract. Payment shall be made to the bank account stated on our invoice. Should the principal (the party obligated to pay commission) be in default of payment, the commission amount shall accrue interest pursuant to the statutory rules with 8% above the building finance interest rate. If the principal is a consumer, the interest rate shall be 5% above the base interest rate. Additional interest or damage claims are reserved.

9. Damages
Claims for damages against us are precluded, insofar as such are not caused by intentional or grossly negligent conduct. The statute of limitations period for a claim of damages is three (3) years, commencing from the date of the occurrence of the claim.

10. Place of Performance, Jurisdiction, Choice of Law
Place of performance and jurisdiction for broker contracts with merchants is Berlin. The law of the Federal Republic of Germany shall be exclusively applicable to all contractual relationships with our principals.

11. Final Provisions (Severability Clause)
Deviations or amendments to these General Terms and Conditions of Business shall require our written confirmation. We conclude broker contracts exclusively at our General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen, AGB) even if deviating AGBs are not objected to; these are invalid and shall only become the subject matter of the broker contract upon our express written recognition. Should parts of our General Terms and Conditions of Business be invalid, the validity of the remaining terms and of the broker contract shall not be affected thereby. Both parties shall be obligated to replace the invalid clause or a gap by a regulation which comes closest to the economic meaning of the original provision. In case of doubt, the German version of these General Terms and Conditions of Business shall prevail.