GENERAL TERMS AND CONDITIONS
§ 1 AGENCY AGREEMENT
By making use of property identification or searching services, or by requesting property information, an expose, conducting property viewings/inspections, or entering into negotiations with the seller or landlord or their deputies, for properties offered by Panorama Scouting, this agency agreement applies between Panorama Scouting and the rental or purchase prospects under the following terms and related conditions.
§ 2 REALTOR COMMISSION
If a purchase or rental contract is signed due to and/or subsequent to our activity, the following realtor commissions are due immediately after the contract is signed:
- Upon signing a purchase contract: 3.57% (incl. 19% VAT) of the notarized purchase price sum (for property values below €51,130.00, the commission amounts to a fixed price of €1,785.00 including 19% VAT).
- Upon conclusion of a residential lease: 2.38% (incl. 19% VAT) of the contractually agreed net monthly rent.
The commission is earned once an intentional or economically equivalent purchase/rental contract is signed between Panorama Scouting's prospect and the property seller. This also applies in cases where a contract is made with a proven or prospective contractor, even if contract negotiations were temporarily interrupted and the agent was not consulted for subsequent negotiations or if another person carried on the negotiations. The agency's commission is payable even if the agent’s activity was only partly responsible for the signing of the contract, or if a contract is made for a property other than the one initially designated, such as a property introduced by Panorama Scouting's local Croatian partner company. The agency's commission is payable immediately following the notarized signing of the purchase or lease.
§ 3 NOTARIES CERTIFICATION / CONCLUSION OF A LEASE / LEASE AGREEMENT
Panorama Scouting is entitled to be present at the signing of the purchase, rental, or lease agreement and to obtain a copy of the respective contracts. For sales contracts, Panorama Scouting has the right to notarize its claim to an agency commission in a respective contract clause.
§ 4 FOREKNOWLEDGE
If the recipient of an expose from Panorama Scouting or a visitor to a property presented by Panorama Scouting or its local partners has prior knowledge of the property, they must document this in writing to Panorama Scouting within 5 working days, providing the source and appropriate proof. If no foreknowledge documentation is provided within this period, the property is considered unknown.
§ 5 DOUBLE ACTION
Panorama Scouting reserves the right to also act on behalf of the other party.
§ 6 DAMAGES
All offers in the form of exposes, synopses, and/or quotations are strictly confidential and intended solely for personal use. The prospect shall be liable to Panorama Scouting in the amount of the agreed fee if they intentionally or negligently inform a third party, leading to a respective purchase or rental contract.
§ 7 LIABILITY
All data and provided information are based on information given by third parties. Therefore, no liability can be accepted for the accuracy or completeness of the information provided by Panorama Scouting. Consigned brochures, exposes, synopses, and other documents represent only non-binding preliminary information. The liability of Panorama Scouting is limited to intentional or grossly negligent behavior.
§ 8 PRIVACY
All personal and property-related data will be used only for processing the order. The client agrees to the transfer of data to third parties if necessary for the fulfillment of the contract. No further disclosure of data will occur.
§ 9 AMENDMENTS AND SUPPLEMENTS
Changes and additions to contracts with Panorama Scouting must be in written form. Oral agreements have no validity.
§ 10 OTHERS
The contract and correspondence language is English or German. Contracts and General Terms and Conditions are governed by the law of the Federal Republic of Germany. The agreed court of jurisdiction is Rosenheim, Germany.
§ 11 SEVERABILITY
If any provision of this contract is or becomes invalid, this shall not affect the validity of the contract nor the validity of the remaining provisions. The Parties agree to replace the invalid provision with a clause that is the commercial and legal equivalent of the invalid provision.