General Terms and Conditions (AGB)

Please read the following conditions carefully so that misunderstandings can be avoided in your and our interest. If you have any questions regarding the content of these terms and conditions, the management will be happy to answer them. The following terms and conditions do not apply to housing agencies in the sense of the German Housing Agency Act, but otherwise to any brokerage assignment that you give us, unless we have expressly agreed otherwise.

1. Amount of the commission

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

i. with conclusion of a sales contract over house and real estate the buyer a commission at a value of 7,14% of the certified purchase price inclusive the legal value added tax (corresponds to 6% plus VAT).

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

iii. Otherwise, the customary local commission according to § 653 BGB shall apply. In Berlin the above mentioned rates are currently customary.

2. Maturity of the commission

The claim for commission is 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 within 14 days of invoicing at the latest, unless otherwise agreed. After these 14 days, default occurs without the need for a reminder.

3. Activity for both contracting parties

Part of our activity is sometimes also that we can also act for the other contracting party, e.g. if we market several offers for an owner and prove to this prospective buyer that he is interested in buying, in order to then arrange the sales contract for one of the objects for you as one of these interested parties.

4. Exclusive information

a. The transmitted exposé and all further data, which our client receives from us, are protected. Our offers and communications are exclusively intended for the client personally and are therefore to be treated confidentially. A transfer to third parties is not permitted unless we have expressly agreed to it in writing (§ 126b BGB).

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

5. Special obligations of the client and compensation

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

b. We may demand compensation for useless expenses incurred in the course of our activities if the contractor could have avoided the expenses being made useless by notifying us in good time; this refers in particular to expenses for agreed but unobserved inspection appointments or notary appointments that were not cancelled in good time, as well as cases in which useless expenses were made because the client did not notify us of the abandonment of his intention to conclude a main contract.

c. When calculating such useless expenses, we regularly apply an hourly rate of 150 € per employee as well as, if applicable, a travel flat rate of 20 € up to 15 km, above that 1.30 €/km. The proof that less or no expenditure was incurred remains open.

d. The statutory provisions on consumer revocation in the event of a revocation according to § 312b or 312c BGB remain unaffected by the above provisions. The regulations of §§ 312 BGB ff, §§ 355 BGB ff. shall apply to the revocation and any compensation.

6. Liability

a. Our offers and exposés are based on the information provided to us by the owner, seller or landlord/landlady, 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/landlady for the description of the property/flat. The obtaining of further own inquiries about the object/flat is also not a cardinal obligation of the real estate agent.

c. Our liability for damages incurred by the client is limited to intent and gross negligence. Liability for lost profit is excluded. These limitations of liability are generally not valid, as far as claims for damages of the client are based on the culpable violation of a so-called cardinal obligation. The term cardinal obligation is understood as an essential contractual obligation, the fulfilment of which is essential for the proper execution of the brokerage agreement and on the observance of which one must therefore regularly be able to rely. Furthermore, damages from injury to life, body or health, which are based on a negligent breach of duty or an intentional or negligent breach of duty by our representatives or vicarious agents, are excluded from the limitation of liability according to sentence 1.

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

7. General and place of jurisdiction

We hereby object to any conflicting terms and conditions. The place of jurisdiction among merchants is Berlin. German law applies.

Status: 28.11.2018