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- Mallorca Insider
Founder/CEO: Frank M. Andreu
Carrer de Sant Pere 46/4, E-07579 Colonia de Sant Pere
Tel.: +34 648 112 984, E-mail: info @ kitz-global-living.com
Niederhofen 22., A-6380 St. Johann in Tirol
E-mail: info @ kitz-global-living.com
Tel.: +43 (0) 664 53 4444 8
Gertrude-Fröhlich-Sandner-Straße, A-1100 Wien
Tel.: +43 (0) 664 53 4444 8
Muraközi utca 4b, H-1025 Budapest
1.1. These General Terms and Conditions as amended from time to time (hereinafter: "GTC") shall apply to the entire business relationship between
1.2. Any existing general terms and conditions or other standardized contractual conditions of the Customer shall be replaced by these GTC and shall not apply even if written documents or declarations of the Customer refer to them.
1.3. Deviations from these GTC shall only be binding if they have been expressly agreed in writing before or in the course of the conclusion of the contract.
1.4. No contract shall be concluded on terms and conditions other than those stipulated in these GTC or any deviations expressly acknowledged in writing by the broker - irrespective of any claim to commission on the part of the broker based on a different legal basis.
1.5. Amendments to the GTC shall become legally valid for all current and future business relations at the beginning of the month following the notification of the customer, unless the broker receives a written objection from the customer by this time. The publication of the General Terms and Conditions on the broker's website at www.kitz-global-living.com shall also be considered as notification in this sense.
1.6. The contractual relationship is subject to these GTC and the relevant legal regulations, in particular the Spanish Federal Law on the Legal Relationship of Brokers.
1.7. These GTC take precedence over the legal regulations, unless they are mandatory legal regulations.
1.8. Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the remaining provisions. The invalid or unenforceable provision shall be deemed to be replaced by a provision that comes closest to the parties' intent in economic terms.
1.9. The broker reserves the right to use other real estate agents for the fulfillment of the contract, provided that the amount of the commission is not affected. In general, the broker is authorized to transfer his duties or the entire contract to a third party with debt-discharging effect and is liable in these cases only for selection fault. With regard to consumer transactions, the broker is authorized at his own risk to commission other companies with the provision of services arising from the contractual relationship.
1.10. Verbal collateral agreements are not valid, unless they are declarations and assurances made to consumers in the sense of the Customer Protection Act.
II. Fundamentals of the activity as a real estate agent
2.1. The contract shall be concluded exclusively on the basis of these GTC and the conditions apparent in the offer. No written confirmation by the customer or the broker shall be required for the conclusion of the contract.
2.2. Offers of the broker are always subject to change and non-binding. In particular, the broker or the seller reserves the right to make other use of the property in the meantime (prior sale, letting or leasing).
2.3. The broker is permitted to act as a dual broker.
The broker shall disclose if he has a close family or business relationship with the third party to be brokered.
2.4. If an object offered to a customer by the broker has already been offered directly by the seller or another third party (as saleable, rentable or leasable), the customer must inform the broker of this circumstance immediately, but no later than within 48 hours (receipt) of receipt of the broker's offer, in a verifiable manner and in writing. Should there be any disagreement about this circumstance, the customer shall bear the burden of proof. A violation of this provision shall, in the event of the conclusion of a valid contract on the offered object, give rise to a claim for commission on the part of the broker within the meaning of Item III. of these GTC.
III. Claim for commission
3.1. The brokerage activity is basically carried out against payment, whereby a brokerage fee in the amount of 5% (or according to agreement with the seller) is due to the broker upon conclusion of a brokered legal transaction. The brokerage fee is paid exclusively by the seller after the conclusion of the contract before the notary, directly. The respective maximum rates specified in the statutory provisions shall be deemed to have been agreed and shall furthermore be expressly stated above in the ancillary cost overviews, which form an integral part of the General Terms and Conditions.
3.2. Accordingly, a claim for commission on the part of the broker shall arise in particular if the legal transaction described in the brokerage order or otherwise underlying it, or an economically equivalent legal transaction, comes into legal effect as a result of the broker's activity between the customer as seller or the interested party named by the broker.
3.3. Such a legal transaction subject to commission also exists if, instead of the originally intended legal transaction, a contract is concluded by which the customer or the brokered third party is granted the temporary right to bring about the relevant transaction by means of a unilateral declaration (option contract), whereby 50% of the commission agreed for the brokerage of the main transaction becomes due for payment upon conclusion of the option contract. The remaining 50% shall then become due for payment when the option right is exercised by the entitled party. If the brokerage activity is aimed at brokering an option contract from the outset and this is concluded, the full commission is due for payment upon conclusion of the option contract.
3.4. An obligation to pay commission shall also arise if and to the extent that a legal transaction brokered by the broker is contractually extended or supplemented within 3 years, whereby in such a case the commission or other remuneration shall also be paid for the new contract on the basis of the amount of the increase or supplement. The contracting parties are obliged to inform the broker of such an addition or extension of the originally brokered legal transaction without delay after the conclusion of the contractual extension or addition. The term contractual extension or supplement means that the additional inclusion of further contractual parties (such as the inclusion of further tenants) or further contractual objects (such as apartments, offices, etc.) in the contract was made after the conclusion of the legal transaction.
3.5. In addition, compensation or reimbursement for the broker's expenses and efforts in the amount of the commission or other remuneration otherwise due on the basis of the legal transaction to be brokered shall be deemed to have been agreed even in the absence of any brokerage success attributable to the broker, if
3.6 In the case of an exclusive agency agreement, such performance shall also be deemed to have been agreed in the event that
3.7 In the above-mentioned cases, the calculation of the compensation shall be based either on the price specified in the brokerage order or on the actually agreed higher purchase price (or value).
3.8 The basis for the calculation of the commission claims shall be, in the case of purchase agreements, the agreed purchase price for the object to be brokered and/or that amount which corresponds to the assumed obligations, mortgages or other monetary considerations or encumbrances; in the case of rental and lease agreements, the gross rental or lease fee including operating costs and statutory value-added tax.
3.9 In the case of exchange transactions, the value of the property to be exchanged shall be the market value including the fixtures and fittings as well as any other assets transferred. In the case of objects with different market values, the higher market value shall apply.
3.10. All commission amounts, fees and claims for compensation are net amounts and are subject to the applicable statutory value added tax.
3.11. Several customers or contractual partners involved in the legal transaction on one side shall each be liable jointly and severally.
IV Other rights and obligations
4.1 The customer shall be obliged to support the broker in his activities in good faith.
4.2 The customer shall in particular be obliged to
4.3 The broker shall protect the interests of the customer in good faith and with due care, even if he acts as a dual broker for third parties.
4.4 The broker and the customer shall be obliged at all times to provide each other with the information necessary for the successful conclusion of a transaction.
V. Terms of payment
5.1 The amount of the commission shall be based on the prices valid at the time of the conclusion of the contract and announced in the offer.
5.2 All payments to be made by the customer under the contract shall be due immediately after the invoice date without deduction.
5.3 The customer shall notify the broker in writing without delay of any changes in his name, his paying agent, a change in bodies authorized to represent the customer, as well as changes in legal form, company name, company name or the company register number. If no such notification of change has been made, documents shall be deemed to have been received by the customer if they have been sent to the address or - if the customer is not a consumer - to the paying agent last notified by him.
5.4 All prices quoted are in Euro. Value added tax and any additional fees and charges shall be shown separately.
5.5 In case of doubt, payments made by the Customer itself shall be credited against the oldest debt, irrespective of any declarations of dedication made by the Customer to the contrary (unless the Customer is a consumer within the meaning of the Consumer Protection Act). The credit shall be applied first to costs, then to interest and finally to the outstanding capital.
5.6 Payments shall only be deemed to have been made when they have been received in the broker's account. The risk of incorrect or delayed transfers shall be borne by the customer.
5.7 The retention of payments that are not based on the same contractual relationship or the set-off with counterclaims that have not been legally established or recognized by the broker is not permitted.
5.8 If the customer defaults on a payment, the broker shall be entitled to charge the customer default interest at the statutory rate, the actually incurred necessary and expedient reminder and collection expenses, whereby the broker may also make use of third parties, as well as the incurred expedient attorney's fees in accordance with the Attorney Tariff Act as amended. The broker expressly reserves the right to claim damages in excess thereof.
5.9 It is pointed out to the customer that the broker is entitled to hand over the pursuit of his claim to a collection agency or to a lawyer after the first reminder stage.
5.10. If the customer is in default with the payment of the invoice and has been reminded unsuccessfully after setting a two-week grace period, any discounts granted after the invoice has already been issued shall be obsolete and the originally agreed commission amount (before issuing the invoice) shall be due.
VI Warranty, Liability
6.1 All information and details relating to the brokered property are passed on with the due diligence of a prudent real estate agent. No guarantee is given for the correctness of these details or information.
6.2 The broker shall be liable to the customer in all other respects on the basis of the statutory warranty and liability provisions. Liability for a certain quality of the brokered object is excluded, unless this is a property of the object expressly promised to the customer.
6.3 The broker assumes no liability for the legal form and content of the contract concluded for the object. Should the customer wish to do so, the broker will gladly establish contact with a lawyer who is familiar with the matter. Any legal fees incurred are to be paid by the customer.
6.4 In consequence of possibly faulty service the broker is only liable in case of gross negligence or intentional fault. Excluded from this are personal injuries to consumers. Any further liability of the broker, in particular for consequential damages, shall be excluded in its entirety vis-à-vis entrepreneurs, vis-à-vis consumers only in the case of slight negligence; in particular, no liability shall be assumed for any defectiveness of the service offered, regardless of its nature, which is due to force majeure or other circumstances for which the broker is not responsible.
6.5 The liability of the broker is limited to EUR 10,000.00 for each event causing damage to the entirety of the injured parties, and to EUR 2,000.00 to the individual.
6.6 The Broker shall not be liable for damages caused by the Customer due to the non-observance of the contract concluded between the Customer and the Broker and its components, and in particular due to the non-observance of these General Terms and Conditions.
6.7 The Broker shall not be liable for any delays or impediments to performance caused by circumstances beyond his control. In particular, the Broker shall not be liable in any way for damages caused by actions of third parties, force majeure, actions of the Client or other causes outside the sphere of the Broker.
VII Place of performance, choice of law, place of jurisdiction
7.1 Palma Majorca is agreed as the place of performance for all obligations arising from the contracts between the broker and the customer.
7.2 For all disputes arising from or in connection with contracts between the customer and the broker, Palma Majorca is agreed as the place of jurisdiction; this insofar as no exclusive place of jurisdiction exists.
For questions about our terms and conditions you can contact us by phone or e-mail.