Dis­claimer

To­geth­er with the syn­op­sis, our Terms and Con­di­tions set down here­inafter con­sti­tute an in­te­gral part of the mu­tu­al agreements.

§1 Con­fi­den­tial­i­ty

(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.

§2 Li­a­bil­i­ty

(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.

§3 Oblig­a­tion to pay a commission

(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.

§4 Oblig­a­tion to pay a com­mis­sion for sub­se­quent contracts

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.

§5 Con­clu­sion of a con­tract and con­tract negotiations

(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.

§6 Non-bind­ing na­ture of the offers

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.

§7 Dual agency

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.

§8 No fur­ther agreements

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.

§9 Place of jurisdiction

For trans­ac­tions with busi­ness­men, Berlin is agreed to be the place of ju­ris­dic­tion. For trans­ac­tions with con­sumers, no place of ju­ris­dic­tion has been agreed.

§10 In­valid clauses

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.

CAVI Real Estate GmbH
Kaiserdamm 16, 14057 Berlin
www.cavirealestate.de

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