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BGB 305. 2 Standard business terms only become a part of a contract if the user , when entering into the contract , refers the other party to the contract to them explicitly or , where explicit reference , due to the way in which the contract is entered into , is possible only with disproportionate difficulty , by posting a clearly visible notice at the place where the contract is entered into , and gives the other party to the contract , in an acceptable manner , which also takes into reasonable account any physical handicap of the other party to the contract that is discernible to the user , the opportunity to take notice of their contents , and if the other party to the contract agrees to their applying .
BGB 652. 1 A person who promises a brokerage fee for evidence of the opportunity to enter into a contract or for negotiating a contract is obliged to pay the fee only if the contract comes into existence as a result of the evidence or as a result of the negotiation of the broker . If the contract is entered into subject to a condition precedent , the brokerage fee may only be demanded if the condition is fulfilled .
BGB 655 If a disproportionately high brokerage fee has been agreed for the evidence of an opportunity to enter into a service contract or for negotiating such a contract , then it may , on the application of the party owing it , be reduced to the appropriate amount by court decision . Reduction of the fee is excluded after it has been paid .
BGB 655a A contract by which an entrepreneur agrees for a fee to broker a consumer loan contract or to give the consumer evidence of an opportunity to enter into a consumer loan contract is governed , subject to sentence 2 , by the following provisions . This does not apply to the extent specified in section 491 ( 2 ) .