TERMS OF SERVICE

The following general terms and conditions (GTC) have become the basis of the brokerage contract. The customer has acknowledged the inclusion of these terms and conditions in the brokerage contract and has confirmed that he has been given a copy of these terms and conditions or that he has been advised of the possibility of viewing these terms and conditions here on the Internet at www.yourberlinagent.com.

 

§1

The company RABITZ PROPERTY CONSULTING, Peter Rabitz, provides the opportunity to conclude contracts (e.g. purchase and rental contracts) for developed and undeveloped properties, in particular residential and commercial buildings, developed and undeveloped land and areas, apartments, shops, offices , Commercial and production halls, etc. The customer of the company RABITZ PROPERTY CONSULTING undertakes to enter into a brokerage agreement or in pay brokerage commission specified in another agreement.  

The brokerage contract with us and / or our agent comes about through the confirmation of the use of our brokerage activity in text form, such as in particular the signature of the search customer contract and / or the property synopsis. The amount of the brokerage fee is based on the legal regulations on the sharing of brokerage fees that came into force on December 23, 2020. According to this, the brokerage fee for both parties (owner and buyer) in the amount of 3% plus sales tax at the applicable rate, currently a total of 3.57% of the purchase price including sales tax, is earned and due when the notarized contract is concluded. The amount of the gross brokerage is subject to an adjustment in the event of a change in the tax rate. Property transfer tax, notary and court costs are borne by the buyer.  

If there is evidence of the possibility of concluding a rental contract, the client / purchaser undertakes - unless otherwise agreed - to pay a commission of 2-3 months' rent. Due to the new version of the WoVermG, the landlord will usually be the client of the company RABITZ PROPERTY CONSULTING.  

§2

The commission is due and payable when the brokered contract is concluded by a notary , even if the invoice has not yet been issued at this point in time. The issuing of the invoice is not a prerequisite for the due date. The customer is in default of payment if he does not settle the fee claim within 30 days of the due date and receipt of an invoice or an equivalent payment schedule.

§3

All offers submitted by RABITZ PROPERTY CONSULTING are non-binding and subject to change. All information on the objects to be brokered is based on information from third parties. The company RABITZ PROPERTY CONSULTING assumes no guarantee or liability for the correctness and completeness of this information. The company RABITZ PROPERTY CONSULTING is not obliged to check the information it receives from third parties. This is also not possible for her due to the large number of objects to be looked after.

§4

The data and offers transmitted by the company RABITZ PROPERTY CONSULTING are intended exclusively for the recipient; they are to be treated confidentially. A transfer to third parties is only permitted with the prior approval of RABITZ PROPERTY CONSULTING. The company RABITZ PROPERTY CONSULTING undertakes to treat all data that it receives in connection with its activity, in particular the personal data of customers, confidentially. The company RABITZ PROPERTY CONSULTING points out that all data in the data processing are stored and kept.

§5

If a contract is concluded by a third party with the buyer / seller or tenant / lessor as a result of the transfer of the data and information, the customer of RABITZ PROPERTY CONSULTING is liable for compensation in the amount of the commission.

§6

The company RABITZ PROPERTY CONSULTING is also entitled to the agreed commission if an economically equivalent, similar or similar transaction comes about (e.g. purchase instead of rent or rent instead of purchase or long lease instead of purchase, etc.). This also applies in particular if a corresponding contract is only to be concluded at a later point in time.

§7

The company RABITZ PROPERTY CONSULTING is only liable for intent and gross negligence. Liability for the services of third parties is not accepted. This applies in particular if the company RABITZ PROPERTY CONSULTING - without any legal obligation - mediates contracts between your customers and third-party companies, e.g. B. Construction contracts, work contracts, financing contracts, etc. The company RABITZ PROPERTY CONSULTING assumes no liability for the services of the recommended or mediated companies.

 

§8th

If the customer of RABITZ PROPERTY CONSULTING already knows the offered object, he undertakes to notify RABITZ PROPERTY CONSULTING of this immediately, at the latest within one week. If a corresponding prior knowledge notification is not given within the period, the customer cannot refer to the prior knowledge.

 

§9

The company RABITZ PROPERTY CONSULTING is entitled to act on behalf of the other contractual partner on a commission basis.

§10

The customer undertakes to inform RABITZ PROPERTY CONSULTING immediately if he gives up his intention to buy or sell and / or rent or rent. In the event that the seller of a property, bypassing the company RABITZ PROPERTY CONSULTING, sells the property to a third party and has previously placed an exclusive brokerage order with the company RABITZ PROPERTY CONSULTING, the seller undertakes to pay flat-rate compensation for expenses and damages in the amount of 1% of the agreed purchase price plus sales tax to be paid. The customer is free to prove a lower damage, just as the company RABITZ PROPERTY CONSULTING is free to prove a higher damage.

 

§11

The customer undertakes to provide all information and data required to carry out an order completely and correctly. The customer also undertakes within the scope of a given sole order not to commission any other broker during the term of the contract.

 

§12

The collection and the calculation of the value added tax takes place according to the valid value added tax rates in accordance with the legal requirements. If the VAT rate changes, the amount of the commission also changes accordingly.

 

§13

In the event that part of these terms and conditions or a clause of these terms and conditions is ineffective, this does not affect the effectiveness of the rest of the terms and conditions. The resulting gap is to be closed by the law.

 

§14

The company RABITZ PROPERTY CONSULTING and its customer agree that the place of performance and place of jurisdiction, as far as legally permissible, is the place of business of the company RABITZ PROPERTY CONSULTING in Berlin.