Terms of Service
General Terms and Conditions IVBWEISS (Owner Sascha A. Haensel)
All offers are based on the following terms and conditions. They will be recognized by the recipient, provided that he makes use of these offers, e.g. by accepting an offer or a communication (written or oral) about the object / offer in question.
Our offers are made on the basis of the information given to us by the client. A liability for the correctness and completeness we can not take over. Errors and prior sale / rental are reserved.
2. Preliminary knowledge of the offer recipient
Our offers are exclusively intended for the offer recipient and may not be passed on to third parties without our written consent. In the event of disclosure - even in extracts - to third parties without our consent, the subcontractor is liable for the full brokerage fee when a contract is concluded. ,
3. Acting for the other party
We are entitled to become commissionable for the other party as well.
4. Other business / Other business
Our claim to commission is not affected by the fact that instead of the originally intended business another comes about (purchase instead of rent or vice versa, acquisition in foreclosure instead of purchase, among other things), unless the economic success deviates significantly from our offer. The same applies if the buyer or seller or the tenant or lessor another business than the intended one comes about.
5. Prior knowledge of the offer recipient
The recipient of an offer, to whom the offered sale or rental object is already known, is obliged to notify us in writing immediately - at the latest within 3 days. If he omits this announcement, he is obligated to pay the agreed commission in the case of a contract for the object proven in the offer.
Our claim to commission exists and becomes due as soon as a contract has been concluded or authenticated on the basis of our proof or our mediation regarding the property we have named. A co-causation of our activity is sufficient. The commission amount is payable without deductions within 10 days after the invoice has been issued. Several clients are liable for the agreed commission as joint debtors. After default, default interest in the amount of 5.0% p.a. due above the base rate. (§ 288 Abs. 1 BGB). If you do not pay in due time, you will be charged 10.00 € per reminder. The right to commission does not expire if the contract expires due to the occurrence of a terminating condition or a right of withdrawal is exercised if the other party is responsible for the withdrawal. If a right of avoidance is exercised by the offer recipient (our customer), which is not justified by fraudulent deception on the part of the other party, instead of our claim for commission a claim for damages against the contestant occurs. If the contract is concluded for conditions other than those originally offered by us or if it comes about through another object of the contractual partner proved by us, this does not affect our claim to commission, if the resulting business is economically identical to the one offered by us or in his economic success deviates only insignificantly from the offered business. The same applies if a different type of contract than originally planned is concluded as a result of our brokerage activities.
7. Commission rates
The commission amount - unless otherwise stated -:
Purchase contracts Germany
7.14% of the purchase price incl. 19% VAT
Initial and pre-emptive rights
2.975% of the market value incl. 19% VAT
Lease agreements for commercial properties
3 net monthly rents plus 19% VAT
7.14% of the total amount including 19% VAT
8. Contract negotiations and conclusion
We are entitled to be present at the conclusion of the contract, an appointment is therefore timely to notify us. We also have the right to receive a copy of the contract and all related ancillary agreements. If contract negotiations and / or the conclusion of a contract occur without our presence, the customer is obliged to provide information about the contract status as well as the contract conditions.
9. Brokerage contracts with property owners
You can ask us in writing or orally. In the case of verbal broker contracts, there is basically no obligation on our part. Legally binding brokerage contracts require the written consent of the owner of IVBWEISS Immobilien. 10. freelancers
Freelancers work independently. They can not make legally binding declarations to third parties on behalf of IVBWEISS Immobilien or its owner. All agreements made between freelancers and our clients require the written consent of the business owner. Otherwise, a legally binding contract only arises between the freelancer and the respective third person (prospective customer / client)
Place of performance and jurisdiction within the scope of the permissible is Berlin.
12. Severability clause
Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Ineffective regulations are replaced by the relevant statutory provisions.
In the case of a state of upcoming contract, consumers have the following right of withdrawal:
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in writing, but not before conclusion of the contract and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation is sufficient.
The revocation must be sent to:
Charlottenburger Str. 134a
Fax No .: 030 92900719
In the case of an effective cancellation, the services received on both sides must be returned and, if applicable, any benefits derived (eg interest) must be surrendered. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This may mean that you still have to fulfill the contractual payment obligations for the period until cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with their receipt.
Your 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.
Information according to § 1 Abs. 2 BGB (Civil Code) - Information Regulation
Information in accordance with § 1 para. 2 BGB Information Regulation
1) The main business activity of the company and the supervisory authority responsible for its approval:
The main business activity of the company consists in the proof of rental or purchase respectively rental or sale possibilities of real estates / flats and real estate. The entrepreneur has a business license as broker gem. §34c GewO and is subject to the supervision of the competent trade authority of the District Office Pankow of Berlin, Gewerbeamt, Fröbelstraße 17, 10406 Berlin.
2) The indication that the service relates to financial instruments which, because of their specific characteristics or the transactions to be carried out, involve specific risks or whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which has been generated in the past Income is not an indicator of future income:
It is not a service in the sense of financial instruments.
3) The contractual conditions of termination including any contractual penalties:
After expiry of the minimum term of six months, the brokerage contract can be terminated in writing at any time. In addition, the contract can be terminated at any time for good cause in writing.
Contractual penalties are not provided.
4) The Member States of the European Union whose law the trader uses to establish relations with consumers prior to the conclusion of the distance contract:
The Federal Republic of Germany
5) A contract clause on the law applicable to the distance contract and the competent court:
For disputes arising out of or in connection with the brokerage contract, Berlin shall be deemed to be the place of performance and place of jurisdiction, provided that the client is a registered trader or has no place of jurisdiction in Germany.
6) The languages in which the terms of the contract and the information provided in this provision are communicated beforehand, as well as the languages in which the contractor undertakes, with the consent of the consumer, to communicate during the term of this contract:
The language in the sense of this provision is always the German language.
7) A possible access of the consumer to an out-of-court complaint and redress procedure and, where appropriate, the condition for such access:
The consumer has access to the arbitration board at the Deutsche Bundesbank. The address of the arbitration board is: Deutsche Bundesbank, arbitration board, Taunusanlage 5, 60329 Frankfurt, phone 069-2388 1907/1906, fax 069-23388 1919. The complaint is in writing with a brief description of the facts and enclosing the necessary documents to understand the complaint to raise. The complainant has to assure that in the dispute resolution he has not yet called a court, a dispute resolution center or a dispute resolution office and has not reached an out of court settlement with the respondent. The complainant can be represented in the proceedings. The procedure is governed by the arbitration rules of procedure.
8) The existence of a Guarantee Fund or other compensation schemes not covered by Directive 94/19 / EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ L 135, p.5) and Directive 97 / 9 / EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes / OJ. EC No. L 84 p. 22).
Guarantee funds or compensation schemes within the meaning of this provision do not exist.
Supplement on the special information according to § 1 of the Civil Code (Bürgerliches Gesetzbuch) - Information obligation regulation
Supplement on the special information according to § 1 of the BGB information obligations regulation
Information for the consumer in distance contracts according to § 312c Civil Code
i.V.m. § 1 BGB Information Regulation.
In accordance with § 312 c BGB i.V. With the BGB Information Regulation Ordinance, we are obliged as an entrepreneur to make available to you as a consumer in the case of the conclusion of distance contracts the information specified there in text form. In the following presentation you will find the information to be provided by us.
Information in accordance with § Abs. 1 BGB Information Regulation
1) The identity of the entrepreneur, the public business register in which the entrepreneur is registered and the associated registration number:
IVBWEISS Real Estate, Owner: Sascha A. Haensel, Competent Trade Authority: District Office Pankow of Berlin, Gewerbeamt, Fröbelstraße 17, 10406 Berlin
2) The address of the entrepreneur capable of providing information, in the case of legal persons also the name of an authorized representative:
Our address is:
IVBWEISS real estate
Charlottenburger Strasse 134a
Phone: +49 (30) / 92 40 99 15 Fax: +49 (30) 92 90 07 18 E-Mail: email@example.com
Owner: Sascha A. Haensel
The partners are resident at our above address and can be reached at the above telephone and fax number and the above e-mail address.
3) Essential features of the service as well as the conclusion of the contract:
The essential feature of the service is the proof of an opportunity to sell (in brokerage for the seller and / or landlord side) or purchase and / or rental (for activity for the buyer and / or tenant side) of an object as described in the contract. The contract is concluded by concluding a written broker agreement between the entrepreneur and the consumer.
The corresponding contract form will be made available to the consumer by the entrepreneur.
4) The minimum duration of the contract, if it has a permanent or regular recurrent service:
The minimum term of the brokerage contract is six months.
5) A reservation to provide an equivalent in quality and price performance (good or service), and a reservation, the promised management in case of their unavailability.
The entrepreneur does not guarantee that you have proof of the possibility of concluding the desired contract for the acquisition or sale of an object.
6) The total price of the service including all related price components and all related price components, as well as all taxes paid by the entrepreneur:
The entrepreneur receives a broker's commission based on the negotiated purchase price or rental price of the contract object between the seller and the buyer.
7) If applicable, additional delivery and shipping costs as well as an indication of possible further taxes or costs that are not paid or invoiced by the entrepreneur.
When purchasing the contract object, the buyer bears the costs incurred (notary, land registry and property tax). Among other things, the amount of these costs depends on the nominal amount of the purchase price. The income tax is payable directly to the consumer.
8) Details regarding payment and fulfillment.
The broker has rendered his services and the brokerage commission is due upon conclusion of the purchase contract or lease between seller and buyer or owner / agent / property manager and tenant.
9) The existence or non-existence of a right of withdrawal and the conditions, details of the exercise, in particular the name and address of the person against whom the withdrawal is to be declared, and the legal consequences of the withdrawal, including information on the amount that the consumer in the event of withdrawal or the return in accordance with § 357 Abs. 1 of the Civil Code for the provided service has to pay:
Reference is made to the separate and by the consumer to sign cancellation policy.
10) Any specific, additional costs that the consumer has to bear for the use of the means of distance communication, if such additional costs are charged by the entrepreneur:
Costs in this sense do not apply.
11) A limitation on the validity of the information provided, for example, the validity of fixed-term offers, in particular with regard to the price: There is no such limitation.