§1 Prohibition of disclosure

All information, including the estate agent’s property records, is expressly intended for the client. The latter is expressly prohibited from passing on the property proofs and property information to third parties without the express consent of the estate agent, which must be given in writing beforehand. If a client breaches this obligation and the third party or other persons to whom the third party has in turn disclosed the information concludes the main contract, the client is obliged to pay the broker the commission agreed with him, plus VAT. For all contact details disclosed by E1, customer and source protection applies in accordance with IVD guidelines for at least 5 years for an indefinite period of time. This regulation also applies in a so-called meta transaction, in which another broker is introduced who was not previously known.

§2 Duplication of activity

The broker is allowed to act for both the seller and the buyer.

§3 Owner’s details

The property information may only be passed on after receiving an expression of interest. The broker points out that the property information passed on by him comes from the seller or from a third party commissioned by the seller and has not been checked for accuracy by him, the broker. It is the customer’s responsibility to verify the accuracy of this information. The broker who only passes on this information assumes no liability for its accuracy.

§4 Obligation to provide information to the client

Before concluding the intended purchase contract, the client (owner) is obliged to inquire with the broker whether the transfer of the intended contractual partner was initiated by the latter’s activities, stating the name and address of the intended contractual partner. The client hereby grants the broker power of attorney to inspect the land register, official files, in particular construction files, as well as all rights of information and inspection vis-à-vis the condominium administrator, as the client is entitled to as the owner of the condominium.

The Seller is also obliged to inform E1 if the Seller is aware that the Buyer is an E1 Customer. If he fails to do so, a penalty of 3 percent net plus VAT will be imposed. VAT. In the case of a sale to a non-E1 customer, the buyer’s contact details must also be sent to E1 for internal review.

§5 Obligation to inform the customer

The customer is obliged to disclose all correspondence between him and the seller side after the disclosure of the seller data to E1. For the implementation, it is a good idea for the customer to set E1 in BCC for all emails. If this obligation is not fulfilled by the customer, especially if E1 is not informed of a purchase, a penalty payment of 3 percent of the purchase value will be due. Brokers are obliged to inform the contact holder immediately of any correspondence to
[email protected]
. This rule also applies to all future transactions, even if the first transaction does not take place. In the event of success, the parties are obliged to inform E1 International Investment Holding in writing to [email protected] no later than the day of notarization. Otherwise, a circumvention transaction is to be assumed and the entire claim is to be assigned to E1 International Investment Holding GmbH to cover any damages suffered by our contractual partners. This document also applies to all other offers made by E1. A single signature of the document is valid for all real estate listings that are verifiably offered by E1 Investments Office.

The business partners place their cooperation in mutual, unconditional agreement under the maxim of loyal partnership and good commercial manners, based on good faith. Should one or more provisions of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to agree on a new solution that comes as close as possible to the original intention (severability clause). Any modification or declaration of invalidity must be made in writing. The place of performance for all obligations arising from this contract is, to the extent permitted by law, the place of residence or place of business of the claimant. Insofar as an agreement is permissible, the place of jurisdiction is Wiesbaden

Please note that our expression of interest must be completed by the actual interested party. If you submit the submissions as an investor, you will always receive the property documents for your own use. Disclosure to third parties is expressly permitted after consultation with E1 International Investment Holding GmbH. In the event of proven forwarding, which made the circumvention possible, the requested commission is due in full + compensation of 2% net of the purchase price.

§6 Replacement and follow-up transactions

The client is also obliged to pay a fee in accordance with our agreed commission rates in the event of a substitute transaction. This is the case, for example, if the client receives another opportunity to conclude the main contract in connection with the activity carried out by the broker from his potential main contractual partner and proven by the broker, or concludes the main contract with the legal successor of the potential main contractual partner via the proven opportunity or purchases the proven property instead of renting, leasing it or vice versa. In order to trigger the obligation to pay commission in the case of substitute transactions, it is not necessary that the transaction subject to commission must be economically equivalent to the one originally envisaged, within the meaning of the conditions developed by the case-law on the concept of economic identity. For all contact details of owners, licensees, broker colleagues, investor data and all other parties involved disclosed by E1 International Investment Holding GmbH), irrevocable customer and source protection applies for at least 5 years. The protection of clients and sources also applies to joint transactions between brokers and follow-up transactions in accordance with our terms and conditions.

§7 Commission negotiations

Cooperation brokers are only allowed to negotiate the amount of the commission by prior agreement. If the expression of interest to E1 Holding has been signed, E1 Holding is only able to negotiate or reduce the commission. In the case of a joint transaction, only E1 Holding is entitled to negotiate or reduce the broker’s commission. Since the handling and size of each object is different and in some cases other people may also be involved (after consultation and approval) and may have commission claims, the following arrangement is agreed: A commission and release certificate is signed for each object and property, which is the subject of this framework agreement. Here, only the object data and the commission division as well as the respective procedure for the corresponding object are recorded. E-mail correspondence is binding

§8 Reimbursement of expenses

The customer is obliged to reimburse the broker for the verifiable expenses incurred in the performance of the order (e.g. insertions, website, telephone costs, postage costs, property inspections and travel expenses) if a contract is not concluded.

§9 Limitation of Liability

The liability of the broker is limited to grossly negligent or intentional conduct, provided that the client does not suffer bodily injury or lose his life as a result of the broker’s conduct.

§10 Statute of Limitations

The statute of limitations for all claims for damages by the client against the broker is 3 years. It begins to run from the date on which the act giving rise to the obligation to pay compensation was committed. If the statutory statutes of limitation lead to a shorter statute of limitations for the broker in individual cases, they apply.

§11 Prohibition of Straw Man Transactions

The disclosure of information to third parties is strictly prohibited. This is especially true in so-called straw man transactions, which are not accepted by E1. Infringement is punishable by a penalty, which is divided equally between the actual and the pretended buyer.

§12 Prior sale

If the property is sold by the seller to another person during the negotiations, all costs incurred by the customer up to that point must also be covered by the customer. E1 will not reimburse any costs.

§13 Permission to contact

With the signed expression of interest and/or sales mandate, the contracting party declares its explicit consent by telephone, SMS, fax and e-mail for the purpose of advising and receiving information on real estate offers. The contact information will not be shared with third parties and consent can be withdrawn at any time.

§14 Brokerage

If buyer data is disclosed, contact by the property broker is only permitted with the express consent of the customer broker. Penalty 2% of the negotiated purchase price.

§15 Legal autonomy

All franchisees of E1 Holding are legally independent companies.

§16 Payments and Franchise Fees

The Licensee is obliged to pay the fees on time so that E1 Holding is able to make planned investments. In the event of repeated non-compliance, E1 Holding reserves the right to charge default interest. Contract termination can also be requested after three outstanding invoices.

For the issuance of a Sepa mandate, the licensee receives a 5% discount.

For other tools, programs, etc. that are newly developed and made available to the licensees, the licensee may charge separate fees, but the use is not obligatory. E1 Holding is not liable for all tools provided free of charge, as they are in the optimisation phase after the development phase.

§17 Communication within E1 Holding

Franchisees are expressly prohibited from sending mass/serial emails to Kontakt internal/external. This procedure requires the explicit consent of E1 Holding. E1 Holding is entitled to send serial email campaigns in order to produce inbound issues for each location.

In order for E1 Holding to be able to view the current customer status at any time, the franchisee must always use the emails [email protected] and [email protected] in the BCC. This also applies to all incoming contracts and forms.

§18 Marketing measures for franchisees

With the signed franchise agreement, the franchisees declare their agreement that E1

Holding may use its images and entries for advertising purposes. In the event of termination of the contract, this consent automatically lapses. E1 Holding is not obliged to revoke the previous advertising measures or to request the deletion from external sites.

§19 Cooperation

The franchisee decides for himself whether an acquired property is shared with E1 colleagues or external brokers for cooperation.

§20 Affiliate Commission

If an E1 licensee convinces an external broker to join E1, he will receive 2 monthly fees for the Gold license (after receipt of the first fees) and 10% of the one-time entry fee as a commission for a Platinum license.

§21 Invoicing

In the event of a successful transaction, the franchise licensee may issue the invoice directly to the buyer, provided that E1 Holding is informed and assigns the claim. This is urgently needed, as the expression of interest has been concluded with E1 Holding and the invoice would be invalid without consent.

§22 Termination of a franchisee without notice

Reason for termination without notice is if a reference has been recorded (date of notarial certification) and the holding company is not notified of this at the latest on the day of notarization. The Licensee is obliged to disclose all correspondence upon request.

§23 Place of jurisdiction

If the broker and the customer 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 and the place of jurisdiction is the registered office of the broker.

§24 Severability

Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if one part of a regulation is invalid but another part is effective. The invalid provision is to be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and otherwise does not conflict with the contractual agreements.