Our Terms and Conditions
Terms and conditions between broker and client as a consumer.
With the use of the above range, the user accepts the following conditions. As use of the offer applies may include contacting you because of the offered property with us or the owner.
§1.1 prohibition on disclosure
All information including property proofs of Black Immobilien Berlin are specifically designed for the customer. That it is expressly forbidden to enter the property proofs and object information without the express permission of Black Immobilien Berlin, which must be made in writing before, to third parties. If you think a customer of this obligation and completes the third person or persons to whom the third party has in turn passed the information, the main contract, the customer is obliged Black Immobilien Berlin to pay the agreed commission plus VAT with him.
Our offers are not-binding and without obligation. Error and prior sale. The object-oriented statements are based on information from the seller. If the consignee as presented by us is already known, he has this to inform us immediately within five days, accompanied by a certificate. If he does, he realizes our further activity in this matter as a causative for the completion of case activity.
§2 dual action
Black Immobilien Berlin may act for both the seller and for the buyer.
§3 owner information
Black Immobilien Berlin points out that the information released by him Listing Information provided by the seller or by an authorized seller of third parties and have not been reviewed by him, the broker for accuracy. It is the customer's responsibility to verify such information for accuracy. Black Immobilien Berlin, which only passes this information assumes no responsibility for its accuracy.
§4 duty to inform
The seller (owner) is obliged before concluding the proposed purchase agreement rückzufragen stating the name and address of the proposed contractor in Black Berlin real estate, whether the delivery of the proposed contractor has been caused by its activities. The Client hereby grants Schwarz Property Berlin the authority to inspect the land register, in official documents, in particular construction documents and all information and access rights against the WEG administrator as those enjoyed by the contracting authority as a home owner.
§4.1 commission obligation
With the offers on the website of Black Immobilien Berlin the object and also the service of Black Berlin real estate service, which consists in the placement / detection of opportunities to contract on this object. The commission develops when there is evidence or the distribution of a contract is with respect to the property designated by Black Berlin object about.
The commission rate is dependent on the specific nature of the business and as a base rate plus the applicable VAT (currently 19%) to understand:
a) sales contracts or economically similar transactions 5% of the purchase price.
b) lease, rent, lease or economically similar transactions 2 months rent.
c) provision of housing and real estate 5% of the purchase price.
The above rates of commission to be paid, unless otherwise agreed by the customer to Black Immobilien Berlin. They shall apply in the respective offer any explicit provision is recognized.
§ 5 spare and repeat business
A fee obligation of the customer in accordance with our agreed commission rates also exists for a replacement business. Such exists z. B. if the client deployed in connection with the Black Immobilien Berlin activity of its potential and proven by the Black Immobilien Berlin main contractor learns another opportunity to the main conclusion of the contract or the proven opportunity with the legal successor of the potential principal contractor from the main contract completes or to the rented property for sale acquires instead of renting it to lease, or vice versa. To trigger the commission fee for replacement business, it is not necessary that the commissionable business with the originally envisaged economically equivalent in the sense must be the identity on the concept of economic developed by the case law requirements.
§6 reimbursement of expenses
The customer is obligated to reimburse the Berlin Black Real Estate in fulfillment of the contract incurred expenses to be detected (eg, insertions, website, telephone charges, postage costs, property inspections and travel costs), if a contract is not concluded.
§7 Limitation of Liability
Black Immobilien Berlin liable in cases of intent or gross negligence in accordance with statutory provisions. The liability for guarantees is at fault. For slight negligence Black Immobilien Berlin exclusively by the provisions of the Product Liability Act, or injury of life, body or health, or breach of essential contractual obligations. The claim for damages for the negligent breach of essential contractual obligations shall be limited to the typical, foreseeable damage if there is no liability for injury of life, body or health. Black liable Berlin real estate to the same extent for the negligence of agents and representatives.
The provision of the preceding paragraph shall apply to damages in addition to performance and damages in lieu of performance and compensation for needless expenses, regardless of the legal grounds, including liability for defects, delay or impossibility.
The limitation period for all claims for damages by the customer against black Immobilien Berlin is 3 years. It begins with the date on which the obligation to pay damages triggering event has been committed. If the statutory limitation rules in individual cases for the broker lead to a shorter period, they will apply.
The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is the seat of Black Immobilien Berlin. If a contracting party has no general jurisdiction in Germany, the courts at the seat of Black Immobilien Berlin. However, Black Berlin real estate is entitled to institute complaints and other legal proceedings at the general jurisdiction of the contractor pending. The law of the Federal Republic of Germany.
§10 Severability clause
Should one or more of the above provisions is invalid, this shall shall not affect the validity of the remaining provisions. This is true even if within a control part is ineffective, another part but effective. The respective invalid provision shall be replaced by the parties by a provision which comes as the economic interests of the Parties to the next and not contrary to the contractual terms of the other.