Mr. Lodge GmbH, Terms and Conditions for Buyers

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(as of Dec. 23, 2020)

1. Validity

The company Mr. Lodge GmbH is commissioned by the seller or their authorized representative to offer the property at the conditions stated in the exposé. These terms and conditions apply to the broker agreement between the recipient of the offer (broker’s client) and Mr.Lodge GmbH. The broker  agreement with the broker´s client is concluded in text form (confirmation of the Terms and Condition by the broker’s client, in text form).

2. Offers and limitation of liability

All offers are subject to change without notice. The statements made orally and/or in writing by Mr. Lodge are based on information provided by the seller. Mr. Lodge GmbH accepts no liability for the accuracy and/or completeness of this information. In the event of its own errors or those made by legal representatives or auxiliary persons, Mr. Lodge GmbH shall only be liable in cases of willful intent or gross negligence.

3. Confidentiality / prohibition of dissemination

The offers and information sent by Mr. Lodge GmbH, in particular exposés and their content, are confidential and only intended for the respective recipient. They may not be disclosed to third parties without the express agreement of Mr. Lodge GmbH, which must be obtained in advance in writing. If the broker's client violates this obligation and the third party, or another person who subsequently receives the information from the third party, concludes the principal contract (purchase agreement) which is subject to a commission as provided by these terms and conditions, the broker's client shall agree to make a payment in the amount of the commission stated in the exposé on the basis of these conditions as damages. The broker's client retains the right to provide evidence that lower damages or zero damages were incurred. This does not affect any further claim for damages on the part of Mr. Lodge GmbH on account of unauthorized disclosure of information.

4. Existence of a claim of commission

Mr. Lodge GmbH shall claim a commission as soon as a principal contract has come into existence on the basis of the mediation and property finding services provided by Mr. Lodge with regard to the property stated or mediated by Mr. Lodge GmbH. In this context, joint causality of our real estate activities shall be sufficient. Disclosure of the property's address (=property finding service) and/or the offeror shall be made under express instruction that a commission will be liable in the event of purchase or commercial leasing. If the principal contract is concluded at conditions other than those originally offered or if it is concluded for another object offered by the contractual partner mediated by Mr. Lodge GmbH, this does not affect Mr. Lodge GmbH’s claim of commission, provided that the resulting transaction is commercially identical to the transaction offered by Mr. Lodge GmbH or its commercial success differs only negligibly from the transaction offered by Mr. Lodge GmbH. The claim of commission shall arise particularly in the case of purchase of shares in a business instead of property and vice versa, purchase of inheritable building right instead of purchase of property, exchange instead of purchase as well as the conclusion of a commercial rental agreement instead of a purchase agreement.

5. Due date of claim of provision

The claim of commission shall be due on conclusion of the purchase agreement / commercial lease agreement. The commission shall be payable upon invoicing. Mr. Lodge GmbH has the right to be present at the conclusion of the principal contract and to receive a complete copy of the contract. If the principal contract is concluded without the participation of Mr. Lodge GmbH,the client is obliged to provide Mr. Lodge GmbH with information about the substantial contents of the principal contract without delay together with the information for calculating the claim of commission.

6. Commission rate

The commission rate is determined by the information in the broker agreement and/or in the respective exposé. The commission is calculated as a percentage of the total purchase price or the total rental price of the commercial object including any ancillary services that benefit the seller or a third party (e.g. acceptance of land registration charges, redemption of fixtures and fittings, etc.). In the event of an increase in VAT, Mr. Lodge reserves the right to increase the commission correspondingly provided that the period between the conclusion of the broker agreement and the claim of commission exceeds four months.

7. Dual agency

Mr. Lodge GmbH is active for both contracting parties (seller/landlord and buyer/commercial tenant) at the same time.
When the claim of commission has become due, both the seller/landlord and the buyer/commercial tenant will pay a commission fee to Mr.Lodge GmbH, in the same amount.

8. Prior knowledge

If the broker's client is already familiar with the property offered by Mr. Lodge GmbH, they must inform Mr. Lodge GmbH of this without delay or within three days at the latest, and provide proof at the request of Mr. Lodge GmbH. If the client fails to do this, they shall pay Mr. Lodge GmbH damages in the amount of all expenses incurred by Mr. Lodge GmbH as result of the client not disclosing this prior knowledge or revealing it belatedly.

9. Termination of an offer

Mr. Lodge GmbH retains the right to remove offers to broker's clients from its offering at any time and without advance notice. Any resulting expenses or damages incurred by the broker's client shall not be borne by Mr. Lodge GmbH.

10. Place of fulfilment and court of jurisdiction

With regard to commercial transactions with registered traders, the place of fulfilment and court of jurisdiction shall be Munich.

11. Right of Revocation

Provided the broker's client is a consumer as defined by German consumer protection law, they have the right to revoke the broker agreement with Mr. Lodge GmbH. Broker's clients may revoke their contract in text form (e.g. by letter, fax, e-mail) within 14 days without stating reasons. The revocation period starts upon the conclusion of the broker agreement. The revocation period is deemed to be met if the revocation is sent in good time. The revocation must be sent to: Mr. Lodge GmbH, Prinz-Ludwig-Straße 7, 80333 Munich, Germany. The consumer's right of revocation expires prematurely if Mr. Lodge GmbH has provided the service in full as per the broker agreement and has only started to execute the service after the consumer has given their express agreement to this, while at the same time confirming that they have understood that they shall forfeit their right of revocation on complete fulfilment of the contract by Mr. Lodge GmbH.

12. Severability clause

[Translate to french:] Sollten eine oder mehrere der vorstehenden Bestimmungen ungültig sein, so soll die Wirksamkeit der übrigen Bestimmungen hiervon nicht berührt werden. Dieses gilt auch, wenn innerhalb einer Regelung ein Teil unwirksam ist, ein anderer Teil aber wirksam. Die jeweils unwirksame Bestimmung soll zwischen den Parteien durch eine Regelung ersetzt werden, die den wirtschaftlichen Interessen der Vertragsparteien am nächsten kommt und im Übrigen den vertraglichen Vereinbarungen nicht zuwider läuft.