1 scope
JvF Immobilien (John von Freyend Real Estate) renders its services to its contractual partner (named in the following customer) exclusively on the basis of these terms and conditions.
They also apply to all future business relationships and similar contracts, without JvF Immobilien having to expressly refer to you again. A counter-confirmation by the customer with reference to his terms and conditions is hereby contradicted. The employees and other employees of JvF Immobilien are not authorized to make verbal ancillary agreements or to give verbal assurances, which go beyond the content of the respective contract including these terms and conditions.
2 Offers
Our offers are given to the best of our knowledge and belief. They are subject to change and non-binding.
3 Creation of the fee claim
A brokerage service by JvF Immobilien is proof of a contract opportunity or the mediation of a main contract (purchase, An- and preemption, lease, Rent, exchange, Transfer of company shares or rights, Leasehold contract or economically equivalent contracts), which is at least one of the reasons for the conclusion of the main contract.
The opportunity to conclude a main contract is deemed to have been proven, provided that the customer does not assert prior knowledge in writing to JvF Immobilien immediately upon receipt.
The conclusion of a contract for another economically comparable object/area also counts as a main contract, that meets the requirements of the brokerage contract between the customer and JvF Immobilien and for which JvF Immobilien has provided evidence or mediation.
It also counts as the conclusion of a main contract, if the purchase of a real or immaterial share or the transfer of rights to the property through another legal form, e.g. Transfer of corporate rights, heritable building rights is achieved and this corresponds to the envisaged purpose.
A contract concluded by a natural or legal person is also deemed to be an economically equivalent main contract, if between her and the customer a particularly close, personal or economic relationship of a certain duration.
4 due date of commission
The fee is due upon conclusion of a main contract within 14 days after invoicing without deductions.
5 confidentiality
All information and documents provided by JvF Immobilien are intended for the customer and must be treated confidentially by the customer. Should a main contract come about as a result of unauthorized disclosure of this information or documents to third parties, the agreed fee is to be paid in full to JvF Immobilien by the customer. It is also reserved for JvF Immobilien, to assert any damage resulting from the unauthorized disclosure.
6 Amount and basis of calculation of the fee
The fee to be paid by the customer when concluding a main contract with JvF Immobilien is based on the information in the respective offer (with. B. Im Exposed) or the individual agreement within the framework of orders or fee agreements. Reported fee rates are always exclusive of. possibly. applicable sales tax.
In the case of rental offers, the term net monthly rent refers to all rented areas incl. Ancillary areas such as e.g. Storage, basement rooms etc. as well as parking spaces and without sales tax. Rent-free periods and other incentives do not have a rent-reducing effect.
If a graduated rent is agreed in a rental agreement, the average net monthly rent is used to determine the amount of the fee, which is calculated from the total fixed term of the rental agreement. On the calculation of the average net monthly rent have times, in which no rent is to be paid or the rent is reduced, no influence.
In the case of purchase contracts, the fee is calculated on the basis of the notarized net purchase price.
In the case of the transfer of a heritable building right to a property, our fee is calculated as follows:
- In the case of the acquisition of the first transfer for a heritable building right to a property, the fee is calculated 80 % of the property value or from the ground rent of the first 20 Years, depending on which of the resulting values is higher.
- In the case of the acquisition of an already existing hereditary building right to a property, the fee is calculated 80 % the value of the property and the buildings built on it together with essential components and accessories or from the 20 times the current leasehold rent plus a purchase price for the leasehold, depending on which of the resulting values is higher.
If company shares or rights are transferred, the certified net purchase price is replaced by the value entered in the balance sheet for the purpose of determining the purchase price of the shares according to the purchase agreement, regardless of the acquisition costs. No balance sheet is prepared as of the balance sheet date, the value is to be applied, the, if a balance sheet had been drawn up as of the balance sheet date, would have been scheduled. If such a value cannot be determined, the purchaser's last offer shall be used as a basis for determining the fee, from which emerges, what value he attributes to the property.
7 Obligations of the client
The customer is obliged, JvF Immobilien to inform JvF Immobilien of the conclusion of the main contract including the key data concluded immediately and without being asked and to send JvF Immobilien a simple copy of the main contract.
The customer is obliged, any existing prior knowledge of proof of the opportunity to conclude a contract in accordance with. Ziff. 3. JvF Immobilien immediately after receipt of the proof.
8 press releases / Online object search
In the case of press releases by the customer as part of the commissioned work, JvF Immobilien is to be named as a consultant.
The documents are not checked for correctness. The customer is solely responsible for the correctness and completeness of the documents and hereby releases JvF Immobilien from any third-party claims.
9 Liability
The letters sent by JvF Immobilien, in particular the statements made in the offers about the location, nature, Size and conditions of the real estate or. of the plots, are made to the best of our knowledge and belief. The information is transmitted to JvF Immobilien by third parties and carefully prepared. A separate examination obligation of JvF Immobilien regarding. this information does not exist. JvF Immobilien is liable for the correctness or. the completeness and topicality of this information only in the case of intentional or grossly negligent behavior by JvF Immobilien, his legal representatives or his fulfillment- and vicarious agents. The same applies to the attachments attached to the letters from JvF Immobilien.
JvF Immobilien is liable for damages - for whatever legal reason - within the scope of fault-based liability in the event of intent and gross negligence. In the case of simple negligence, JvF Immobilien is only liable subject to a milder standard of liability in accordance with statutory provisions
a) for damage resulting from injury to life, of the body or health,
b) for damages resulting from the not inconsiderable violation of an essential contractual obligation (Obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies and may rely); in this case, the liability of JvF Immobilien is limited to the replacement of the foreseeable, typically occurring damage is limited. In this case, however, liability is limited to a maximum of € 100.000,00 limited.
The above limitations of liability also apply to breaches of duty by or. in favor of people, whose fault JvF Immobilien is responsible for according to legal regulations.
10 customer identification
The customer is aware, that JvF Immobilien in accordance with the provisions of the Money Laundering Act (GwG) when proving or arranging a real estate purchase- or rental agreement (at over 10.000,- EUR Nettomonatsmiete) is obliged to verify the identity of its customers. The customer is also aware, that he is obliged under the provisions of the GwG, JvF Immobilien to provide the necessary information and also changes, arising in the course of the business relationship, must be notified immediately.
The customer is obliged to provide all information required by law for the marketing of the property (z.B. energy certificate) To make JvF Immobilien available in good time. The customer releases JvF Immobilien from all claims due to breach of this obligation.
11 miscellaneous
If the customer is an entrepreneur i.S.v. § 14 BGB, a legal entity under public law or a special fund under public law, The place of performance and exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the contracting branch of JvF Immobilien. However, JvF Immobilien is entitled in all cases, to bring an action at the general place of jurisdiction of the customer. German law applies exclusively.
Should any provision of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this does not affect the effectiveness of the remaining provisions. The statutory provision takes the place of this provision. Is there such a thing?, an effective replacement provision shall take the place of the invalid or unenforceable provision, which comes as close as possible to the desired economic purpose. The same applies to the incompleteness of these provisions