GENERAL TERMS AND CONDITIONS
- The company Kaßner Immobilien GmbH, hereinafter also referred to as broker, brokers the evidence as well as the opportunity to conclude contracts (e.g. purchase and rental agreements) on developed and undeveloped properties, in particular residential and commercial buildings, developed and undeveloped properties and areas, flats, shops, offices, commercial and production halls etc.
- A brokerage contract is concluded when you as the contracting party, i.e. both as the offerer or as the interested party, make use of one or more of the offers of the broker by contacting us or directly with the offerer or interested party. This expressly does not include mediation, which is stipulated in § 2, Law on the Regulation of Residential Mediation (Bestellerprinzip). Upon receipt of the offer - by post, e-mail, fax, telephone, through the internet or by any other means - these GTC come into force.
- By using the above offer, the recipient accepts the following conditions. The use/claiming of the offer is deemed to be, for example, contacting us or the owner about the offered object.
- Our offers are subject to change and non-binding. Errors and prior sale reserved. The property-related details are based on information provided by the owner. Location-specific details are based on trade journals or similar and do not provide any guarantee for the actual value and appreciation situation. Errors excepted.
- Our claim to commission arises as soon as a main contract is concluded on the basis of our proof or our mediation.
- The commission is stated as a percentage and is calculated from the economic purchase price; it amounts to;
- In the case of purchase/acquisition of house and land, from the total purchase price 7.14% including statutory VAT. From 23.12.2020 onwards, the estimated brokerage commission will be divided equally between the buyer and the seller when brokering the purchase of a property.
- When renting or leasing residential property, but not for tenants in compliance with § 2, Law on the Regulation of Residential Property Brokerage (Bestellerprinzip). 2.38 net cold rent including statutory VAT
- In the case of letting or leasing of commercial space 3.57 monthly rent including statutory VAT. - The entitlement to commission also arises if the contract is concluded under conditions that deviate from the offer.
- The broker's commission is earned and due with the notarisation of the main contract.
- The disclosure of the property address is made with express reference to our commission claim in the event of purchase. The property proof / commission claim also applies to life partners, relatives, family members, life partnerships, company representatives and franchisors/ franchise partners.
- If a transaction other than the one originally intended or another transaction is concluded between the recipient and the owner of the property offered or the latter's legal successor, or if the recipient acquires one of the properties shown by way of compulsory auction, the commissions listed above shall also be payable.
- We shall also be entitled to a commission if, as a result of our mediation or on the basis of our evidence, the property was initially rented or leased and the purchase of the property is only completed at a later date.
- If the recipient is already aware of the object proven by us, he must inform us of this immediately, at the latest within five days, enclosing proof. If he fails to do so, he shall recognise our further activity in this matter as an activity causative for the conclusion of the contract.
- Our communications and documents are intended only for the recipient personally. They may only be passed on to third parties with our written consent. In the event of disclosure without consent, the recipient shall be liable for both the buyer's commission and the seller's commission, unless we receive these from the contracting parties. The commission shall become due upon conclusion of the contract resulting from the passing on. Further claims for damages on our part remain reserved.
- The recipient acknowledges that we are obliged to establish the identity of our customers in accordance with the Money Laundering Act (§ 16 Para. 2 No. 9 GwG in conjunction with Art. 6 LStVg). This includes showing the identity card / passport, in the case of companies an extract from the commercial register and making and archiving a copy for our records. Furthermore, we must check whether a prospective buyer is acting in his own interest or in the interest of a third party.
- We are authorised to act as estate agents for both sellers / landlords and buyers / tenants.
- The broker is not liable for the creditworthiness of the brokered contracting party.
- The place of performance and jurisdiction is Berlin. German law shall apply to the contractual relationship.
- The exposé is for information purposes and does not constitute a contractual offer. All details are based on information provided by the owners. No liability is assumed for correctness and completeness. We reserve the right to make changes. Possible official requirements may change the planning and square metre figures. The building illustrations are representations from the illustrator's point of view. The sample furnishings - if available - are not included in the price; they serve only as a furnishing suggestion.
- The interested party hereby declares his express consent for telephone calls and contact via SMS, fax and e-mail for the purpose of consultation and information on real estate offers. Any disclosure for other purposes is excluded. The consent can be revoked at any time.
- Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and otherwise does not conflict with the contractual agreement.
CANCELLATION POLICY
Right of withdrawal for consumers (text written by the legislator and so prescribed)
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you have to inform us,
Kaßner Immobilien GmbH
Schloßstraße 68
12165 Berlin
Tel.: +49 (0)30 260 752 35
Fax: +49 (0)30 260 752 34
Email: info@kassner-immobilien.de
by means of an unequivocal declaration (e.g. a letter sent by post, fax or email) about your
decision to revoke this contract. You can use the enclosed sample withdrawal form, which is, however, not compulsory. To comply with this withdrawal period it is sufficient if you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will have to return to you all payments we have received from you,
without undue delay and at the latest within fourteen days from the day on which the notification
about your revocation has been received by us. For this repayment we use the same
Means of payment that you used in the original transaction, unless you have been agreed otherwise;
in no case will you be charged any fees for this repayment.
Remuneration for immediate performance
If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the service provided for in the contract.
Reference to the possibility of premature expiry of the right of withdrawal
Your right of revocation shall expire if we have performed our service in full and have only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that you lose your right of revocation upon complete performance of the contract by us.