These general terms and conditions serve as the basis for business transactions with our customers. Our activity takes place within the framework of §§ 652 ff of the German Civil Code, the general commercial principles and customs in compliance with the professional rules of our profession. Our activity is aimed at proving and/or arranging contracts.
§1 Confidentiality & Offer
All information and documents provided by us, including our object references, are subject to change and non-binding and intended exclusively for our customers/addressees and may only be passed on to third parties with the written consent of Mainhattan Immobilien eK or their representatives.
Culpable violations may oblige the person passed on to pay damages if a main contract (purchase/rental contract) is concluded.
If the client is already aware of our offer from another source, he is obliged to inform us in writing within 7 days and to provide evidence of where he got the knowledge from. If this does not happen, the recipient accepts our proof.
§2 Data protection
The client expressly agrees that Mainhattan Immobilien eK is authorized to process the necessary personal data of the client in accordance with the statutory provisions in order to fulfill its obligations.
§3 Limitation of liability
We expressly point out that all property-related information, such as property information, documents, plans, etc., are subject to change and are based exclusively on information provided to us by the seller or landlord. We therefore assume no liability for the completeness, correctness and topicality of this information. It is therefore the responsibility of our customers to check the property information and details contained therein for accuracy.
§4 Claim for commission & conclusion of contract
The commission claim of Mainhattan Immobilien eK arises with the conclusion of the legally effective main contract, provided that a commission has been agreed and does not contradict legal requirements. The commission is earned and is due as soon as the main contract (purchase/rental contract) has been concluded. If the main contract is also a rental contract, a commission is only to be paid by the apartment seeker if Mainhattan Immobilien eK obtains the apartment offer exclusively because of the apartment seeker’s order and a commission obligation was previously agreed. However, if the order was placed by the landlord or also provided by him, Mainhattan Immobilien eK can only demand a commission from him, provided that this has been agreed in advance. The commission is payable immediately after invoicing. Should the desired main contract come about as a result of our verification or mediation activity, a commission is to be paid by the client to Mainhattan Immobilien eK. Both the amount of the commission and the respective payment by the client are based on the customary local commission or the requirements of §3 paragraph 2 of the law regulating housing brokerage, unless a different commission rate is expressly mentioned in the respective offer.
The entitlement to commission also remains if the concluded contract expires due to the occurrence of a condition subsequent or is invalid or not fulfilled due to a reservation of withdrawal or for any other reason. The entitlement to commission also arises if the customer passes on the proof received to a third party and this concludes the purchase contract. The commission is calculated from the purchase price or the total value of the contract, including any furnishing fees, mortgage assumption, etc.
Commission rates contribute including statutory VAT unless otherwise stated:
Commission on sale and/or purchase: 5.80% of the purchase price for developed and undeveloped properties calculated on the notarized purchase price.
Commission for renting, living space: 2.32 times the monthly net rent . Commission
for renting, commercial rooms: 3.48 times the monthly net rent. Developed lots: As for „1. Vacant lots“ plus 5.80% of the purchase price for the value of the buildings on top.
§5. Double activity
Mainhattan Immobilien eK is entitled and can, with regard to business relationships, become active for both sides of the intended contract on a commission basis.
The conclusion of a purchase contract corresponds to the acquisition of the property by way of foreclosure, the transfer of real or non-material shares and the acquisition of another, comparable property from the seller. If other contracts or agreements come about in any form than those mentioned in the offer, our commission is due for them.
§7. Subsequent business
Mainhattan Immobilien eK is also entitled to a commission if further contractual agreements come about in connection with the first contract brokered or proven by it in terms of time and economics.
The broker has the right to attend the notarization appointment and to have the purchase deed issued.
§9 Commissioning other brokers
During the term of the brokerage contract with us, the customer is not entitled to commission other brokers with mediation and/or verification activities relating to the contractual object. In the event of a culpable violation of this regulation, the customer shall be liable to us for the resulting damage.
§10 Final Provisions
Our offers are non-binding, subject to prior sale and rental or leasing. Should provisions of this contract or future regulations be or become wholly or partially invalid or unenforceable, the parties agree that the validity of the remaining provisions of this contract shall not be affected. The same applies if it turns out that the contract contains a loophole. The parties agree that instead of the invalid or unenforceable provisions or to fill the gap, a provision should apply that – as far as legally possible – comes closest to what the contracting parties wanted.
§11 Place of jurisdiction
The place of jurisdiction is the agent’s registered office.