(Translation of the original version of General terms and Conditions from German).
The customer is hereinafter referred to as the "Client" and the First Citiz GmbH as "the broker".
1. With the acceptance of the object exposé, a brokerage contract results. The recipient thus accepts the following terms and conditions and waives his right of revocation if he does not make use of them within 14 days.
2. The broker's service is free of charge to the client, that is, the broker is not charged a service fee, but a pure profit bonus, unless otherwise agreed. The service is carried out on the basis of the following provisions. In the absence of any other agreement, the fee will be charged
- the condition of a notarized purchase agreement 7.14% of the gross price (VAT included) plus VAT,
- in the case of rent or lease contracts, two net rent (rented) plus the statutory VAT (residential area) or three (net) rented accommodation plus the statutory VAT (commercial property);
- 8% of the purchase price plus the statutory VAT in the case of brokerage of business values and business facilities.
The commission is due with legally valid condition of the proven contract, if necessary also a preliminary contract.
Retention rights are hereby excluded.
3. If the client is in direct contact with the seller / landlord or his agent, the broker is to be named. The broker must be consulted at the latest when signing the contract.
4. If a contract between the client and the owner of an offered object or his / her legal successor is different from the originally foreseen or another business, or if the client acquires an offered object at a later date by means of auction or foreclosure, the brokerage fee becomes full due. The client is also obliged to pay a commission if, as a result of the mediation or the proof of the broker, the property is first rented or leased, and the purchase of the property is carried out at a later date. The commission paid for the rental / lease is calculated.
5. The broker is allowed to work in duplicate, that is to say, he may also be required to pay a fee for the other part of the contract. He may also consult other brokers, e.g. As a Meta business partner. In the event that the broker conveys an object that is sold or rented by a person close to the broker, the broker will notify the customer or the owner unsolicited of this fact. In this case, however, the broker's claim to the broker's fees arises if the client is aware of the fact that the order has been executed.
6. The client undertakes to notify the broker immediately of a successful conclusion of the contract and to inform him of the name of the acquirer (s), tenant (s) and the essential contractual conditions (in particular purchase price, rent, Unsolicited. This also applies if the client is of the opinion that the broker is not entitled to a brokerage fee in the specific case. If the customer violates this obligation to provide information, he shall be liable for default interest from the 10th day after conclusion of the contract; Further claims for damages remain unaffected.
7. All brokerage offers are exclusively intended for the client and are treated with absolute confidentiality. Unauthorized transfer is obligated to compensation for damages, which usually arises in the amount of the brokerage fee which the broker would have obtained in the event of successful proof or mediation.
8. Unless otherwise agreed by the parties, the broker is responsible for proof or mediation. Evidence is limited to the designation of a concrete object as well as to the price as opposed to a purchase, rental or leaseholder.
9. If a client wishes to assert prior knowledge, he is obliged to notify the broker immediately in writing and, on request of the broker, document the documents.
10. If an initially effective contract is canceled by the contracting parties by mutual agreement or canceled due to a contractually agreed right of rescission, The same applies if a contract should be contested for fraudulent deception.
11. The details of the broker are only given in accordance with the information given to him by the other party (seller / partner / landlord), in particular object data. A liability of the broker for the correctness and completeness is hereby excluded, unless the false indications are deliberate or grossly negligent. This applies, for example, For space, equipment, age, building permit. The broker never guarantees or provides guarantees, and his employees and co-operation partners are not authorized to do so. This information is provided by the agent only. We reserve the right to make mistakes or to sell / rent.
12. The claims of the customer for damages are without regard to the legal nature of the claim according to this provision. The broker is liable without limitation for damage resulting from injury to life, body or health, which is based on a negligent breach of duty by the broker or an intentional or negligent breach of duty by a legal representative, vicarious agent or cooperating partner of the broker. In the case of the other liability claims, the broker is liable without limitation only with intent and gross negligence, including his legal representatives and senior executives.
13. Verbal verbal agreements have not been made. Amendments and supplements to the contract must be in writing.
14. If the customer is Vollkaufmann or if he has no general jurisdiction in Germany, the place of the agent's place of performance and jurisdiction is agreed upon.
First Citiz GmbH
10437 Berlin, Germany
District Court of Berlin (Charlottenburg) - HRB 158620
Tel: +49 (0) 30 41717274
Fax: +49 (0) 30 41717275
+49 (0)30 41717274
Please send your request. Our team will contact you back