General Terms and Conditions
1st commission
Buyer and seller have to pay a total commission of 6.96 % of the purchase price (unless otherwise stated in the exposé) including the currently applicable 16 % VAT to the broker, which they share equally. This applies to the proof/brokerage of the object of purchase or a contract for work and services in connection with an object purchase and/or a share deal. In the case of residential properties, the landlord pays the commission plus the VAT applicable at the time of invoicing. When renting business premises, the tenant pays 2 months' rent plus the value added tax applicable at the time of invoicing as commission. The commission is payable and due upon notarial conclusion of the contract or upon conclusion of the rental or lease agreement.
2. Prohibition of passing on and prior knowledge
All information including the property certificates of the broker are exclusively intended for the recipient. The recipient is expressly forbidden to pass on the property certificates and property information to third parties, including authorised agents or clients of the recipient, without the express consent of the broker, which must be given in writing in advance. If the recipient violates this obligation and the third party or other persons to whom the third party has in turn passed on the information conclude the main contract, the recipient is obliged to pay the broker the agreed commission in full. Where prior knowledge of the property exists, this must be notified to the brokerage within two days to be effective. Missed notification will preclude prior knowledge.
3. Dual Activity
The broker may act for both the seller/landlord and the buyer/tenant.
4. property information
The broker points out that the property information passed on by him originates from the seller/landlord or from a third party commissioned by the seller/landlord and has not been checked for accuracy by him, the broker. We make every effort to obtain information about properties and contractual partners that is as complete and correct as possible. It is the customer's responsibility to check this information for accuracy. The broker, who only passes on this information, does not assume any liability for the correctness. Our proofs are subject to change; subject to prior sale/subletting.
5. Limitation of liability
The broker's liability is limited to grossly negligent or intentional conduct, insofar as the customer does not suffer bodily injury or lose his life as a result of the broker's conduct.
6. Statute of Limitation
The limitation period for all damage claims by the customer against the agent is 2 years. It begins with the date on which the action triggered has been committed for exemplary damage. If the statutory limitation rules lead to a shorter limitation period for the agent in individual cases, then these apply.
7. Place of Jurisdiction
If agent and customer are registered traders within the meaning of the code of commercial law, then place of fulfillment for all arising obligations and claims from the contractual relationship and jurisdiction shall be the registered office of the broker.
8. Compensation for Notice of Cancellation
If the customer uses the right of cancellation, then the mutually received services are to bereturned and any benefits (address data, contact information) surrendered. If the received benefits (e.g. benefits of use) cannot or can only be returned in part or only in deteriorated condition, a compensation must be made. Provided the object was acquired through us, this compensation corresponds to the commission rate as published in the corresponding exposé. This can also lead to the fact that the contractual payment obligations must be met for the period up to the revocation. Obligations with respect to the reimbursement of payments must be fulfilled within 30 days.
9. Severability Clause
Should one or more of the above provisions be invalid, then the validity of the remaining provision shall not hereof be affected. This also applies if within a provision one part is ineffective, whilst another is. The respective inoperative provision shall be replaced between the parties by a regulation that comes as close to the economic interests of the parties as intended, and incidentally not run contrary to the contractual agreement.
CANCELLATION POLICY
1. Right of revocation
You have the right to revoke concluded contracts within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must notify me, Sandra Rex, of this decision by means of a clear statement addressed to us (e.g. a letter sent by post or an e-mail). Please contactme at:
cador berlin Immobilien | Real Estate Agentur
Sandra Rex
Brunnenstr. 155
10115 Berlin
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. You may use the following revocation pattern:
I/We hereby revoke the contract
I/we have concluded for the purchase of the following goods/for the provision of the following services: [...]
Ordered on/received at [...]
Name of the customer(s)
Adress of the customer(s)
Signature(s) of the customer(s)
Date
(please adjust)
2. Consequences of Revocation
In the event of effective notice of revocation, the services received by each party are to bereturned and any benefits derived (address data, contact information) are to be surrendered. If you are unable to return all or any of the received services and usages (e.g. benefits of use), or if you can only return them in an impaired condition, then you must pay us compensation. If the object is acquired through the service received by us, his compensation corresponds to the amount of the commission rate published in the corresponding exposé. This may also mean that you must nevertheless fulfill the contractual payment obligations for the period up until the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending off of your revocation, for us with its receipt.
3. Special Information
Your right to give notice of revocation expires prematurely if the contract has been fully performed by both sides at your express request prior to your exercising your revocation right.
RIGHT OF RESCISSION
1. right of revocation
You have the right to revoke concluded contracts within fourteen days without giving reasons. The revocation period is fourteen days from the day of conclusion of the contract. In order to exercise your right of revocation, you must inform me, Sandra Rexn, by means of a clear statement addressed to me (e.g. a letter or e-mail sent by post) of your decision to revoke the contract. My contact details are:
cador berlin Immobilien | Real Estate Agency
Sandra Rex
Brunnenstr. 155
10115 Berlin
mail@cadorberlin.com
phone: 0176-10 34 81 62
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period. You can use the following revocation pattern for this purpose:
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/services: [...]
Ordered on [...] Received on [...]
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communications)
Date
(please adapt)
2. Consequences of the revocatio
n
If you effectively revoke this contract, the services received by both parties shall be returned and any benefits obtained (address data, contact information) shall be surrendered. If you are unable to return or surrender the received services and benefits (e.g. benefits of use) or only partially or in a deteriorated condition, you must compensate us for the value. This compensation corresponds, if the object is acquired by the service received by us, to the amount of the commission rate advertised in the corresponding exposé. This can also mean that you must nevertheless fulfil the contractual payment obligations for the period until the revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration, for us with its receipt.
3. special note
The right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.