Together with the synopsis, our Terms and Conditions set down hereinafter constitute an integral part of the mutual agreements.
(1) The synopsis at hand and the information contained therein are intended for the recipient’s eyes only (hereinafter referred to as “Principal”). They are to be treated confidentially and may not be made accessible to third parties – also including principals or third parties who have commissioned the Principal – without prior approval.
(2) In the event of unauthorised passing-on of this synopsis or the information contained herein to third parties, the Principal is obligated to pay to CAVI Real Estate GmbH (hereinafter referred to as “Broker”) the contractually agreed commission if a contract is concluded with such third party.
(1) The information included herein is solely based on the information provided by the seller. The Broker does not accept any liability for the information included herein being complete and accurate. The Broker did not review such information with regard to fact sand the legal situation unless it was obvious that the information was incorrect, unreasonable or otherwise questionable; we recommend to consult experts in this regard if indicated or to obtain legal counsel.
(2) The Broker’s liability is limited to grossly negligent and wilful behaviour unless the breach of obligation has caused injury to life, body or health of the Principal.
(1) The claim to payment of a commission is incurred if the master agreement is effectively concluded due to evidence or intermediation on the Broker’s part.
(2) The claim to payment of a commission to the amount of the rates indicated in the synopsis is due within 10 business days after effective conclusion of the contract and issue of an invoice by the Broker. In the event of default, default interest to the amount of 5 percent in a transaction with consumers and default interest to the amount of 9 percent in a transaction with businessmen, both above the respective base interest rate of the European Central Bank.
(3) Insignificant deviations of a factual, commercial, financial or legal nature do not cause any damage and continue to substantiate the agreed claim to payment of a commission.
(4) If the actually concluded master agreement’s terms deviate from the object of the synopsis but achieve the same commercial result, the claim to payment of the original commission remains in effect.
(5) The claim to payment of a commission is also incurred and due if the sale is made to another party with which the Principal has a particularly close personal relationship or a distinct commercial relationship or a relationship under corporate law.
If the Principal concludes a subsequent contract within 12 months after concluding the master agreement, they are obligated to pay a differential commission if the terms of the subsequent contract are also part of the original mandate and were also offered by the Broker. A subsequent contract is at hand if an amended or new master agreement is concluded by means of expanding or amending the original master agreement (“subsequent contract”). The differential commission is calculated based on the difference between the agreed commission for evidence of an opportunity to conclude the original agreement and the agreed commission for evidence of an opportunity to conclude the subsequent contract. A subsequent contract is at hand if an amended or new master agreement is concluded by means of expanding or amending the original master agreement (“subsequent contract”). The differential commission is calculated based on the difference between the agreed commission for evidence of an opportunity to conclude the original agreement and the agreed commission for evidence of an opportunity to conclude the subsequent contract.
(1) The Principal is obligated to indicate the Broker as the originally acting broker during negotiations with the contractual partner indicated by CAVI Real Estate GmbH.
(2) The Principal is to immediately indicate when and under which conditions they are concluding a contract for the property or another property of the contractual partner indicated by us.
(3) The Broker is entitled to being present at the conclusion of the contract.
(4) Furthermore, the Broker is entitled to being issued a copy of the master agreement and any concluded subcontracts.
Our offers are subject to change without notice. The seller expressly reserves the right to prior sale or renting and leasing unless a separate agreement was concluded in this regard.
The Broker is entitled to also act for the other party to the agreement subject to payment of a commission. In this case, the Broker can act as an evidence broker or as an intermediary broker for one party and as an evidence broker for the other party.
The Principal confirms that there were no other silent or verbal supplementary agreements concluded in addition to the synopsis, the brokerage agreement and these General Terms and Conditions.
For transactions with businessmen, Berlin is agreed to be the place of jurisdiction. For transactions with consumers, no place of jurisdiction has been agreed.
If one or several of the above terms and conditions are invalid, the validity of the other terms and conditions shall remain unaffected. If terms and conditions are not an integral part of the contract or are invalid, the terms of the contract shall conform to the legal provisions.