Terms of conditions
General Terms and Conditions of EMLAK24 (DG Investment GmbH)
Friesenplatz 4, 50672 Cologne
Tel .: 0049 162 9574068
1. Preliminary remarks
Above company (the "broker" called) is (hereinafter the "Civil Code") as an entrepreneur within the meaning of § 14 Civil Code 652 et seq. BGB serving in the capacity as a real estate agent as defined in §§ paid (commission). The company assures that it has the legally required requirements for running a brokerage office.
These terms and conditions are the subject of a verbal or written brokerage contract.
The following general terms and conditions apply to all contracts and legal transactions between the broker and the customer. Customers within the meaning of this contract are the following:
· Seller or buyer of a property
· Landlord or tenant, who is named apartment seeker in compliance with the provisions of the ordering principle
· Borrower or lender
· Client or contractor in the field of construction
· Client or contractor for services
Partners within the meaning of this contract are companies, banks, insurance companies, building contractors or other brokerage offices that work with the broker.
If there is talk of a main contract, then this means a purchase, rental, exchange, lease, work, service or other contracts.
Insofar as there are individual contractual regulations that deviate from or contradict the provisions of these, the individual contractual regulations take precedence.
3. Make the comparison request
3.1. If the customer makes an inquiry for a product or service at EMLAK24, a contract is concluded for the mediation of offers from partners. The number of offers depends on the customer's request. Submitting the request is free of charge and non-binding.
3.2. After making the request, product advisors from the broker (varies depending on the product) contact the customer by phone or e-mail to specify the request with him and to present up to three suitable partners or offers. The request will then only be forwarded to the selected partners with the customer's consent.
4. Receive the offers
4.1 The broker uses various measures to ensure that the customer receives acceptable offers as quickly as possible. How quickly the customer receives offers depends on the complexity of the requested product or service and the processing time of the respective partner.
4.2. The customer receives offers only from partners who are members of the broker's partner network. Membership in the partner network is subject to strict conditions by the broker . Each partner undertakes to the broker to comply with all relevant guidelines of chambers of crafts, professional organizations and comparable institutions and only to offer products or services for which he is approved. However, due to the size of the partner network, the broker cannot guarantee the suitability of each partner in individual cases . The customer must therefore check the suitability of the partner in the same way that it would be the case if a quotation were obtained without the broker.
4.3. After the customer has received the offers, he decides whether and from which partner to accept the offer. The broker is neither involved as a contractual partner, nor does it appear as a representative or vicarious agent of the contractual parties.
4.4. In addition, the customer may be asked to rate the service from the broker and the selected partners.
4.5. If the customer has not yet received three offers, the broker tries to propose further partners to the customer so that the customer can receive the outstanding offers from them. The customer can inform the broker at any time that he does not want any further offers.
4.6. All offers made by the broker are non- binding and subject to change.
5. Realization of the brokerage contract
5.1. Written form is not required for the brokerage contract to be concluded.
5.2. The brokerage contract between the broker and the customer comes into being when the customer makes an inquiry for a product or service at EMLAK24. Submitting the request is free of charge and non-binding.
5.3. When placing the request, the customer undertakes to pay a commission to the broker when the main contract is concluded with a partner offered by the broker. The commission claim arises as soon as a purchase, rental, exchange or lease contract is concluded based on the proof or the brokerage of the broker or the service has been used. The brokerage commission is due upon conclusion of the main contract. The brokerage commission is dealt with in more detail in section 12 of these general terms and conditions.
5.4. The brokerage contract can also be legally effective if the broker offers a property to buy (e.g. internet, newspaper, notice board), can be recognized as a broker, quantifies his claim to commission in the event of success and an interested party turns to him for services from him to call up (eg synopsis). In this case, the brokerage contract is concluded verbally and implicitly.
5.5. In the case of a rental property, if a commission claim is to be made against the apartment seeker , a search request from the apartment seeker is required to conclude a brokerage contract in text form. It is not possible to conclude a brokerage contract between a flat seeker and a broker .
5.6. The brokerage contract between a landlord and a broker comes into existence when the landlord places the order and the broker accepts it.
5.7. If a written brokerage contract is concluded or if individual agreements have been made, the agreements mentioned therein take precedence over these General Terms and Conditions.
6. Disclosure of data
6.1. The customer's personal data (details of the request and contact details) will only be passed on to the partners if the customer has given his consent. A transfer of the data to other third parties is excluded.
6.2. The collection, processing and storage of data takes place exclusively in accordance with the requirements of German data protection law and the EU General Data Protection Regulation . You can find the data protection declaration at www.emlak24.com/datenschutzerk...
7. Mutual commitment
7.1. D he parties are eager to assist to the best of their knowledge and belief the other party in the performance of his obligation by handing over of information, information or experiences as possible so as to both parties a friction slosen and to enable efficient workflow.
7.2. The mediation request is free of charge for the customer. In return, the broker may ask the customer to rate the performance of the selected partners.
7.3. The customer is obliged to inform the broker r whether a contract has been concluded with the partner.
7.4. The broker's service can be used by all natural and legal persons who have unlimited legal capacity. Natural persons who have not reached the age of 18 are not permitted to do this. If the customer makes an inquiry for a legal person, he also insures his authorization to represent him.
8. Authorization of the seller
The seller grants the broker power of attorney to inspect the land register, in all official files as well as vis-à-vis the WEG administrator to exercise rights as they are entitled to him as the owner of the apartment.
9. Previous knowledge
The customer accepts the broker's offer as the cause of the conclusion of the main contract. If the object offered is already known, the customer is obliged to object immediately, at the latest within three working days, stating the source. For this enough idiots t a letter, email or Faxbrief to the broker. If the customer does not contradict, he is then prevented from relying on prior knowledge. In the event that a main contract is concluded, he is obliged to pay the respective brokerage commission plus value added tax.
10. Prohibition on the disclosure of information
All information that the customer receives from the broker is intended solely and exclusively for him. It is therefore expressly forbidden to pass on any information to third parties without the broker's written consent. If the customer violates this obligation and a third party to whom he has passed on the information concludes a main contract with the client of the broker, the customer is obliged to compensate the broker in the amount of the agreed commission plus VAT.
11. Broker's dual activity
11.1. In the event that it is a purchase contract to be brokered, the broker may work for both the seller and the buyer on commission.
11.2. In the case of a rental contract to be brokered, the broker may only be commissioned either for the landlord or only for the tenant.
12. Brokerage commission
12.1. The commission rate displayed on the broker's website applies .
12.2. In general, these are ...
· For objects of purchase: 3.57% of the notary sales price including VAT from the buyer.
· In the case of residential rental properties: 2.38 monthly rents including value added tax, in the case of graduated rental contracts, the monthly rent is calculated as the average monthly rent based on the total term.
· For commercial rental properties:
- with a term of less than 5 years, the commission is 2 monthly rents including additional costs plus 19% VAT (= 2.38 monthly rents)
- with a term of more than 5 years or unlimited, the commission is 3 monthly rents including additional costs plus VAT (= 3.57 monthly rents)
- if extension option rights are agreed, the commission increases by a further monthly rent including additional costs plus VAT (= 1.19 monthly rent)
· When agreeing purchase and pre-emptive rights: 1.19% including value added tax of the value determined by the pre-emptive. The value is calculated accordingly from the total purchase price plus the associated ancillary services.
· When ordering and transferring heritable building rights: 3.57% including VAT from the transferee. The basis for calculation is the value of the leasehold. This value is calculated from the ground rent due during the term of the leasehold right contract, applying a discount rate in the amount of the respective base rate of the ECB.
12. 3. If other remuneration has been agreed in a written brokerage contract, this is deemed to have been agreed.
12.4. The commission claim arises as soon as a purchase, rental or lease is concluded based on the proof or the brokerage . The brokerage commission is due upon conclusion of the main contract.
12.5. Here, causality of the brokerage is sufficient.
13. Replacement business, follow-up business
13.1. If, instead of the originally intended transaction, another main contract for another property between the partner of the broker and the customer of the broker or a knockdown by way of a forced auction comes into effect, the customer is nevertheless obliged to pay the commission to the broker.
13.2. The same applies if, in the course of contact with the partner of the broker and the broker customer, further objects of the partner become known within 12 months and the broker customer acquires, rents or leases one or more of these objects. If a commission has been agreed with the partner, the partner is also obliged to pay the commission to the broker.
13.3. Furthermore, this regulation applies if, instead of the purchase contract, a rental or lease agreement is concluded or vice versa.
14. Commission claim for subsequent cancellation of the main contract
The broker's claim to commission does not lapse if the proven or brokered main contract is subsequently canceled or reversed or canceled by mutual agreement.
15. Consultation clause
Before concluding a main contract , the customer undertakes to inform the broker stating the name and address of the intended contract partner. This is to give the broker the opportunity to check whether the main contract has been concluded as a result of his evidence or brokerage . Furthermore, the seller grants the broker the right to inspect the land register for a period of 12 months after the main contract has been concluded.
16. Liability, limitation of liability
16.1. The broker cannot guarantee that suitable partners will be found for every request from a customer and that they can be made to submit corresponding offers. The broker does not owe the conclusion of a contract or the successful execution of the contract. The broker's guarantee is excluded in this regard.
16.2. The broker is not responsible for any breach of duty that may arise as a result of a possible contractual relationship between the customer and partner.
16 .3. The broker has not checked the information given to the customer for completeness and accuracy. He has passed on the information he has received from the seller or landlord / lessor or a commissioned third party. It is up to the customer to check the information. The broker assumes no liability for the accuracy of the information.
16.4. The broker's liability is limited to grossly negligent or willful conduct.
16.5. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
16.6. Insofar as the broker's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Customer claims against the broker expire after three years . If the statutory limitation period is shorter in individual cases, this applies.
18. Information obligation according to VSBG
The broker is not obliged and unwilling to carry out a dispute settlement procedure before a consumer arbitration board in accordance with the provisions of the Consumer Dispute Settlement Act (VSBG) in the event of a dispute arising from or relating to a contractual relationship between the broker and a consumer .
19. Subsidiary agreements, additional agreements
Each of the contractual partners can request changes to the agreed scope of services from the other contractual partner in writing . Upon receipt of a change request, the recipient will check whether and under what conditions the change can be carried out and immediately notify the applicant in writing of the consent or rejection and, if necessary, give reasons.
20. Severability clause
Should one or more provisions of these general terms and conditions or the brokerage contract be invalid or ineffective, the effectiveness of the remaining provisions will not be affected. This also applies if part of a regulation is void or ineffective, but another part is valid or effective. The respectively void or ineffective provision is to be replaced by the one that comes closest to the originally intended and the economic interests of the contracting parties without contradicting the other agreements.
21. Place of jurisdiction
If the client is a merchant within the meaning of the HGB, the place of jurisdiction is the broker's headquarters (here: Cologne). Otherwise, the legal provisions of the Federal Republic of Germany apply .
Cologne, March 7th, 2020