The company Harke - von Bismarck Immobilien GmbH deals with the management of real estate, as well as with the proof of brokerage and sale of real estate transactions. We devote ourselves to the fulfillment of real estate management and brokerage orders with the greatest possible care.
Our activity is carried out within the framework of §§ 652 ff. BGB (GERMAN CIVIL CODE).
The following general terms and conditions are the basis for all contracts that we conclude with our customers and clients. The general terms and conditions are insofar part of the contract.
§ 1 Offer and conclusion of contract
Our offers are always subject to change and non-binding. We shall adhere to the price quotations contained therein for 2 months from the date of the offer. Declarations of acceptance and all orders require our written or telex confirmation to be legally effective. The same applies to supplements, amendments or subsidiary agreements. Our employees are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the contents of the written contract.
§ 2 Prices
Unless otherwise stated, all prices listed are exclusive of the statutory value-added tax. Additional deliveries and services (additional service) will be charged separately.
§ 3 Performance
Dates or deadlines, which can be agreed upon bindingly or non-bindingly, must be in writing. Agreed delivery periods shall only commence after complete clarification of all details of execution as well as clarification of all technical questions and shall presuppose the fulfillment of all other necessary obligations to cooperate on the part of the Recipient. We shall not be responsible for delays in performance due to force majeure and due to events that make performance significantly more difficult or impossible for us (strike, lockout, official orders, black ice, etc.), even in the case of bindingly agreed deadlines and dates. They entitle us to postpone the performance for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
§ 4 Partial performance
We are entitled to partial performance at any time.
§ 5 Brokerage
(1) Commission rates
Unless otherwise stated in the offer or expressly agreed otherwise, the client (buyer, tenant, landlord, purchaser) shall pay us the following commission rates:
a. Letting and leasing:
aa. Residential units - 2 months' rent plus VAT.
bb. commercial units - 3 months rent plus VAT. (for a fixed lease term up to 4 years)
cc. Commercial units - 4 monthly cold rent plus VAT at the statutory rate. (for a fixed lease term of more than 4 years)
b. Purchase and sale of real estate:
aa. 5.95 % plus statutory VAT up to a purchase price of € 1,250,000
bb. 3,57 % plus VAT from a purchase price above 1.2500.000 €.
All details in the exposé and other information are based solely on the information provided by sellers and landlords. The offers are made to the best of our knowledge and belief. However, no liability is assumed for the correctness and completeness. The client has to check all information himself before conclusion of the contract. Our offers are subject to change and non-binding. Errors, prior sale or prior rental are reserved.
(3) Passing on of information, information and documents
Our offers and communications are intended only for the interested party contacted. They are to be treated confidentially and may not be made accessible to third parties without our prior written permission. If, as a result of unauthorized disclosure, a contract is concluded with this third party which would be subject to commission in accordance with these terms and conditions, this shall also result in a claim for commission on our part in the full amount, subject to these terms and conditions, against the original interested party. We reserve the right to assert further claims for damages due to unauthorized disclosure.
(4) Prior knowledge
If the customer is already aware of the opportunity for the conclusion of a contract, which has been proven by us, the customer is obliged to inform us immediately. Otherwise, a commission shall be paid in any case upon conclusion of a contract on the proven object.
(5) Origin and due date of the commission claim
Our claim to commission arises as soon as the contract has been concluded on the basis of our evidence or our mediation. Co-causality shall also suffice in this respect. The commission is payable according to the agreement made with the client, if applicable, otherwise within 7 days after invoicing. In case of default, reminder fees (10 € per reminder) are due. Our claim for commission shall not be affected by the fact that the contract is concluded at a later point in time or under deviating conditions, provided that the transaction concluded is economically identical to the transaction offered by us or deviates only insignificantly in its economic success from the transaction offered. The same applies if a contract other than the one originally intended is concluded (e.g. purchase instead of rent, heritable building right instead of purchase, ...). Our claim to commission shall also remain valid if the concluded contract expires due to the occurrence of a condition subsequent. The same shall apply if the contract expires due to the exercise of a statutory or contractual right of rescission, provided that the right of rescission is exercised for reasons for which one of the parties is responsible or for other reasons lying in the person of one of the parties. The claim to commission shall remain unaffected in the event of subsequent invalidity of the main contract for reasons which do not lie within the broker's sphere of responsibility. If the client withdraws from his contractual intentions and the order placed with us thus becomes invalid, he is obliged to inform us immediately in writing. Otherwise, we shall be entitled to compensation for futile expenses and time expenditures.
(6) Follow-up business
We shall also be entitled to commission if further contractual agreements are concluded in the temporal and economic context of the first contract brokered or proven by us.
(7) Acting for third parties
We are also entitled to act for the other party to the contract (subject to commission).
(8) Assignment of third parties
We are entitled to engage other brokers in the processing of the order.
(9) Condition of the object
The broker is not responsible for the condition and quality of the object.
§ (6) Defects of the object
If our performance is defective, we shall first be entitled to remedy the defect (subsequent improvement) at our discretion. If the subsequent performance fails, the Recipient may, at its discretion, withdraw from the contract, reduce the price, claim damages or reimbursement of futile expenses. The Recipient must notify us in writing of obvious defects within a period of two weeks from receipt of the service; otherwise the assertion of the claim for defects shall be excluded. Timely dispatch shall be sufficient to meet the deadline. Defects which cannot be discovered within the period even after careful inspection shall be notified to us in writing immediately after discovery. The recipient of the service shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of completion of the defect and for the timeliness of the notice of defect. The rights of the Recipient due to a defect in the delivered product shall become statute-barred after 2 years from delivery of the item.
§ 7 Limitation of liability
We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of claims by the customer arising from guarantees and in all other cases regulated by law. In the event of slight negligence, our liability shall be limited to the foreseeable damage typical for the contract, provided that material contractual obligations are affected. In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty shall be excluded. Material contractual obligations are those whose breach would jeopardize the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
§ 8 Choice of Law, Place of Performance and Jurisdiction
German law shall apply. The place of performance for all services arising from the business relations with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
§ 9 Severability clause
Should individual provisions of this contract be invalid or void, this shall not affect the legal validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.