General terms and conditions

Introducing broker only supplying information are welcome to provide evidence of prospective buyers for the Finca Carbonera Alta. The following conditions apply:

§ 1 Rights and obligations of the broker

  1. The broker may only engage further distribution partners with prior written or textual consent of the seller.
  2. The broker is also entitled to act for the buyer for a fee, if he restricts this activity to evidence prospective buyers and informs the seller in writing beforehand of the activity for the buyer. Each double activity obliges the broker to strict impartiality.
  3. The broker undertakes to inform the seller immediately of any circumstances, which may be relevant to the seller’s decision to sell. He shall inform the seller of the progress of his efforts at regular intervals. However, he shall only be obliged to carry out his own enquiries if this is agreed separately.
  4. The broker undertakes to act with the diligence of a prudent businessman. He is liable for intent and negligence.
  5. The broker undertakes to maintain secrecy with regard to the knowledge received of Finca Carbonera Alta and of the seller.

 § 2 Rights and obligations of the seller

  1. The seller is entitled to appoint several brokers at the same time. He also retains the right to seek conclusion of the sales and purchase agreement (in the following: SPA) without involving the broker.
  2. On request, the seller authorizes the broker to inspect the land register and the property records, insurance documents, building permit documents and all other official documents in which Finca Carbonera Alta is documented.
  3. If the broker proves a prospective buyer who is already known to the seller, it is incumbent upon the seller to reject the proof of the broker in writing or in text form.
  4. The seller is obliged to treat all information received from the broker confidentially and in particular not to pass it on to third parties.

§ 3 Broker’s commission

  1. The seller pays the broker a commission of 4% of the total purchase price (this includes VAT, if applicable, or comparable taxes, or a withholding tax amount). The commission is calculated on the basis of the purchase price plus any additional services provided by the buyer to the seller (such as the replacement of facilities etc.). The subsequent reduction of the purchase price reduces the commission claim of the broker accordingly.
  2. The commission claim of the broker comes into being and is due upon conclusion of the fully effective SPA with the contractual partner proven by the broker and full payment of the purchase price. This shall also apply if the SPA is concluded after the broker’s appointment has been terminated, but as a result of activities of the broker.
  3. If several brokers earn the commission, the commission is divided equally. This also applies if several brokers have acted independently of each other. Reference is made to § 2 paragraph 3.
  4. The broker has no right of reimbursement of his expenses and acts exclusively at his own risk.

§ 4 Termination of activity 

  1. The seller is entitled to prohibit the broker from further activities at any time. Upon receipt of such a declaration, the broker is obliged to cease all activities immediately and in particular to stop advertising the object of purchase. Any incoming inquiries will be forwarded to the seller without comment.
  2. The seller’s notification must be in text form.

§ 5 Data protection

The seller agrees that the broker collects, processes and uses data resulting from his activity and transmits these to interested parties to the extent necessary.

§ 6 Applicable law, place of performance, place of jurisdiction

  1. Substantive German law shall apply exclusively. The German version of this agreement is authoritative .
  2. The place of performance for the obligations of the broker and the seller is Bremen, Germany. Irrespective of this, the parties assume that the SPA will be concluded in Spain.
  3. Venue from or in the widest sense in connection with the activities of the broker is Bremen, Germany.

By taking up his activity, the broker declares his consent with the above mentioned conditions.