GENERAL TERMS AND CONDITIONS OF BUSINESS of ARE Real Estate KLG
The General Terms and Conditions are the basis for all business transactions of ARE Real Estate KLG with our clients. They have the effect of simplifying, accelerating and standardising the conclusion of contracts by means of a pre-formulated set of rules.
Art. 1 Confidentiality
All information and documents provided by us, including our property records, are intended exclusively for our clients and may only be passed on to third parties with the written consent of ARE Real Estate KLG. In the event of a main contract (rental/purchase contract) being concluded with a third party, the party passing on the information may be obliged to pay the commission in the amount originally agreed.
Art. 2 Data protection
The client expressly agrees that, in order to fulfil its obligations, ARE Real Estate KLG is authorised to process the necessary personal data of the client in accordance with the statutory regulations.
Art. 3 Limitation of liability
We point out that the property information, documents, plans, etc. passed on by us originate from the client. We therefore accept no liability for the accuracy or completeness of the information. It is therefore incumbent upon our clients to check the property information and details contained therein for accuracy. ARE Real Estate KLG shall only be liable in the event of intent, gross negligence, the absence of guaranteed characteristics or culpable breach of a cardinal obligation and not for minor negligence and consequential damage. Furthermore, reference is made to the statutory provisions.
Art. 4 Conclusion of contract
The broker’s claim to commission arises upon conclusion of the legally effective main contract. The commission is earned and due as soon as the main contract (rental/purchase contract) has been concluded. It is due on presentation of the invoice. Should the desired main contract be concluded as a result of our verification or brokerage activities, a commission shall be paid by the client to ARE Real Estate KLG. Both the amount of the commission and the respective payment by the client shall be based on the commission expressly stated in the offer.
Art. 5 Dual activity
ARE Real Estate KLG shall be entitled to act for both contracting parties on a commission basis.
Art. 6 Severability clause
Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. 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 conflict with the contractual agreements.
Art. 7 Place of jurisdiction and applicable law
The place of jurisdiction for all disputes is Lachen SZ. Swiss law shall apply.
Status: January 2020