Our following terms and conditions, together with the description of the exposé, are part of the mutual agreements.
§ 1 Confidentiality
(1) The present synopsis and the information it contains are only intended for the recipient (hereinafter referred to as “client”). They are to be treated confidentially and may not be made accessible to third parties – including the authorizing authority or third parties who have commissioned the client – without prior consent.
(2) In the event of the unauthorized disclosure of this statement or the information from the statement to third parties, the client is obliged to pay the contractually agreed commission to CAVI Real Estate GmbH (hereinafter referred to as “broker”) in the event that the contract is concluded by the third party.
(1) The information contained in the exposé is based exclusively on the information provided by the seller. The broker is not liable for the correctness and completeness of the information contained in the exposé. The broker has not checked this information either factually or legally, unless the information is obviously incorrect, implausible or otherwise questionable; it is recommended to consult experts or obtain proper advice if necessary.
(2) The broker’s liability is limited to grossly negligent and willful behavior, provided that the breach of duty does not result in injury to life, limb or health of the client.
§3 Commission obligation
(1) The commission claim arises when the main contract comes into effect on the basis of evidence or the broker’s mediation.
(2) The commission claim in the amount of the rates stated in the synopsis is due within 10 working days after the effective conclusion of the contract and invoicing by the broker. In the event of default, default interest of 5 percentage points is payable in dealings with consumers, in dealings with entrepreneurs default interest in the amount of 9 percentage points above the respective base rate of the European Central Bank.
(3) Insignificant deviations of a factual, economic, financial or legal nature do not damage and continue to justify the agreed commission claim.
(4) If the content of the main contract actually concluded differs from the subject of the statement, but the same economic success is achieved with it, the entitlement to the original commission remains.
(5) The commission claim also arises and is due if the sale is made with another party with whom the client has a particularly close personal or pronounced economic or corporate law relationship.
§4 Commission obligation for subsequent contracts
If the client concludes a subsequent contract within 12 months of the conclusion of the main contract, he is obliged to pay a difference commission if the content of the subsequent contract was also part of the original order and was also offered by the broker. A subsequent contract exists if an amended or new main contract is concluded with an extension or change to the original contract content (“subsequent contract”). The difference commission is calculated from the difference between the agreed commission for proof of the opportunity to conclude the original contract and the agreed commission for proof of the opportunity to conclude the subsequent contract.
§6 contract conclusion and contract negotiation
(1) The client is obliged to name the broker in negotiations with the contractual partner proven by CAVI Real Estate gmbh as the broker acting as the cause.
(2) The client must immediately give notice of when and under what conditions he will conclude a contract for the property or for another property of the contract partner proven by us.
(3) The broker is entitled to be present when the contract is concluded.
(4) The broker is also entitled to a copy of the main contract and the ancillary agreements made.
§7 non-binding nature of the offers
Our offers are non-binding. The seller expressly reserves the right to prior sale or renting and leasing, unless a separate agreement has been made for this.
§8 Dual activity
The broker is entitled to act on behalf of the other contractual partner on a commission basis. The broker can act as a broker for both parties or as an intermediary for one party and as a broker for the other party.
§9 No further agreements
The client confirms that no other tacit or verbal side agreements have been made beyond the synopsis, the brokerage contract and these general terms and conditions.
§10 place of jurisdiction
Berlin has been agreed as the place of jurisdiction for dealings with merchants.
No place of jurisdiction has been agreed for dealings with consumers.
§11 Ineffective clauses
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. If provisions are not part of the contract or are ineffective, the content of the contract is based on the statutory provisions.