AGB

 

Please read the following terms and conditions carefully so that misunderstandings can be avoided in your and our interest. If you have any questions about the content of these terms and conditions, the management will be happy to answer them. The following terms and conditions do not apply to residential brokerage within the meaning of the Residential Brokerage Act, but otherwise to any brokerage contract that you place with us, unless we have expressly agreed otherwise.

1. amount of commission

a. The commission rates stated in the offers or proofs or on our websites apply. Unless otherwise noted or agreed, we charge for our verification and / or brokerage activities in the usual manner

i. in case of conclusion of a purchase contract for house and land property, a commission in the amount of 7.14% of the notarized purchase price including the statutory value added tax (corresponds to 6% plus VAT) to the buyer.

ii. upon conclusion of a commercial lease, the tenant 3.57 monthly rents (net cold incl. VAT, equivalent to 3 monthly rents plus VAT).

iii. Otherwise, the customary local commission pursuant to § 653 BGB shall apply. The above rates are currently customary in Berlin.

 

2. due date of the commission

The commission claim becomes due with the legally effective conclusion of the purchase or rental contract proven and/or brokered by us. The commission is then to be paid at the latest within 14 days after invoicing, unless otherwise agreed. After the expiry of these 14 days, default occurs without the need for a reminder.

3. activity for both contracting parties

It is part of our activity that we can also act for the other contracting party, e.g. if we market several offers for an owner and show him prospective buyers in order to arrange the purchase contract for one of the objects for you as one of these prospective buyers.

4. exclusive information

a. The transmitted exposé and all other data that our client receives from us are protected. Our offers and communications are intended exclusively for the client personally and are therefore to be treated confidentially. They may not be passed on to third parties unless we have given our express consent at least in text form (§ 126b BGB).

b. In the event of unauthorized disclosure of our information to a third party, we shall receive from you a commission customary in the place and business if this third party concludes the main contract. This also applies to the disclosure of the information by a company with which the client is legally or economically affiliated or in the case of disclosure by close family members of the client, or if a company concludes the contract with which the third party is legally or economically affiliated.

5. special obligations of the client and compensation for damages

a. Our client is obliged to inform us immediately if he has abandoned his intention to sell, rent, buy or lease.

b. We can demand compensation for useless expenses incurred in the course of our activities if the contractor could have avoided the fact that the expenses were incurred in a useless manner by timely notification; this means, in particular, the expenses incurred for viewing appointments or notary appointments that were agreed upon but not attended and not canceled in a timely manner, as well as cases in which useless expenses were incurred because the client did not notify us of the abandonment of its intention to conclude a main contract.

c. In calculating such useless expenses, we regularly apply an hourly rate of € 150 per employee and, if applicable, a travel allowance of € 20 up to 15 km, and € 1.30/km above this. The proof that a lower or no expense was incurred remains open.

d. The above provisions shall not affect the statutory provisions on consumer revocation in the event of revocation pursuant to § 312b or 312c BGB. The regulations of §§ 312 BGB ff, §§ 355 BGB ff. shall apply to the revocation and any compensation for lost value.

6. liability

a. Our offers and exposés are based on the information provided to us by the owner, seller or landlord/lessor, for whose correctness and completeness we cannot assume any liability.

b. Our exposés do not contain any assurances or guarantees on which liability could be based, but they merely reflect the properties and circumstances communicated to us by the seller or landlord/lessor for the description of the object/apartment. Obtaining further information about the object/apartment is also not a cardinal obligation of the broker.

c. Our liability for damage incurred by the client is limited to intent and gross negligence. Liability for loss of profit is excluded. These limitations of liability shall generally not apply insofar as claims for damages by the client are based on the culpable breach of a so-called cardinal obligation. The term "cardinal obligation" is understood as an essential contractual obligation, the fulfillment of which makes the proper execution of the brokerage contract possible in the first place and on the fulfillment of which one must therefore be able to regularly rely. Further excluded from the limitation of liability according to sentence 1 are damages resulting from injury to life, body or health, which are based on a negligent breach of duty or an intentional or negligent breach of duty of our representatives or vicarious agents.

d. For tax and legal advice, we recommend the involvement of a tax and legal expert. Any statements made by our employees and vicarious agents in this regard are non-binding and are intended only as a basis for further discussions with appropriate specialists.

7. general and place of jurisdiction

Conflicting terms and conditions are hereby contradicted. The place of jurisdiction among merchants is Berlin. German law shall apply.

Status: 28.11.2018

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