General terms and conditions & cancellation rights
Hereafter the customer is referred to as “the client” and ADEN Immo GmbH as “the agent”
- With the acceptance of the property exposé, a brokerage contract is set up. The receiver recognizes the following terms and conditions and waives the right of cancellation if it is not claimed within 14 days.
- The agency services are free for the client, that is, the agent does not charge a service fee, though a success-related fee appearing on the invoice will be agreed upon unless otherwise agreed. The services will be carried out on the basis of the following conditions. Unless otherwise agreed, the brokerage fee in the event of the realization of a notarial purchase agreement 6% plus statutory value-added tax on the purchase price of the property; upon completion of rent or lease contracts, two times the net monthly rent (or lease) plus the statutory value-added tax (living space) or three times the net monthly rent (or lease) plus the statutory value-added tax (commercial property); in the case of commercial value or business facilities % of the purchase price plus the statutory value-added tax. The brokerage fee will be payable upon the legal realization of a contract, possibly also a pre-contract. Retention Rights are excluded.
- If the client directly deals with the seller/ renter or their representative, the Agent must be named. The Agent is to be consulted at the latest upon completion of the contract.
- If a property is offered between the client and the proprietor or legal successor, other than that originally intended or another transaction is concluded or an offer is acquired by the client at a later date at auction or due to foreclosure, the brokerage fee will be payable in full. The Client is also subject to commission if as a result of the mediation or advice of the Agent a rental or lease of the property arises and a sale of the property is reached at a later date. The provision for renting/ leasing will be billed.
- The Agent is permitted to practice dual agency, he may be working subject to commission for the other party to the contract. He may also consult other agents, for example as meta-partners. In the event that the Agent shows a property that is being sold or rented by a person close to the Agent, The Agent must notify the Client or the proprietor of this. In this case, the request for the brokerage fee stands nevertheless, if the Client is aware of this situation throughout the process.
- The client is required to notify the Agent of a resulting contract conclusion without delay and to inform him of the name(s) of the purchaser(s) or renter(s), leasers(s) as well as the relevant contract conditions (in particular purchase price, rent, lease). This also applies in the event that the client should be of the opinion that the Agent has absolutely no claim to a brokerage fee. If the Client fails to meet these notification requirements, he will be liable to pay the default interest rate 10 days after the contract conclusion at the statutory rate; further damage compensation claims will remain unchanged.
- All broker offers are intended exclusively for the Client and should be treated in absolute confidentiality. Unauthorized disclosure will result in damage claims, which usually amount to the sum of the brokerage fee, which the Agent would have achieved in the event of a successful mediation work.
- If not agreed otherwise by the parties, the Agent is obliged to carry out the broker and mediation work. Broker work is limited in terms of purchase, rental or lease interests upon the specification of a particular property or price.
- Should the Client want to bring previous knowledge to the attention of the Agent, he is obliged to notify the Agent in writing and produce documentation at the Agent’s request.
- If an initially effective contract concluded by the parties is amicably cancelled or terminated due to contractually agreed right of cancellation, the brokerage fee will stand. The same applies should the contract be challenged on grounds of fraud.
- The statements made by the Agent are made solely in accordance with the instructions received by the other party, in particular property information. We cannot take liability for the accuracy and thoroughness of this information. This applies for example to square footage, amenities, age, and building permits. The Agent never guarantees the accuracy of such information; his employees and partners are also in no way authorized to this effect. This information is given to the Agent. Errors and prior sales/leases are subject to exception.
- Any claims by the Client of damages shall be based on the present clause 13 regardless of nature of damage. For damage arising from violation of life, body or health that are based on a negligent breach of duty on the part of the Agent or an intentional or negligent breach of duty by a legal representative, agent or co-operative partner of the Agent, the Agent is liable without limitation. For other liability claims, the Agent is only liable in the case of gross negligence; this also applies to his legal representatives and executives.
- Side agreements made orally are not valid. Any changes and additions to this contract must be made in writing.
In order to protect you as a consumer even more extensively, there has been an extension in the right of withdrawal since 13 June 2014. The services of a real estate agent that are subject to commission are now also subject to the right of revocation. The legislator grants you a 14-day right of revocation and we are immediately obliged to inform you about it again with each real estate offer. You will find the cancellation policy in every exposé in the future. The commission to be paid to us by the buyer in the amount of 7.14 % (incl. VAT) on the actual purchase price, is still only due upon conclusion of the purchase contract.
Exercising your cancellation rights
In order to exercise your right to cancellation, you must inform us, ADEN Immo GmbH, Mehringdamm 77, 10965 Berlin, Tel: +49 30 61675115, Fax: +49 30 61675114, E-Mail: , by clear written instruction about your decision to cancel this contract. To do this, you can send the attached sample cancellation form, though it is not mandatory.
To safeguard the cancellation period, you should send your communication of the cancellation before the cancellation period expires.
If you cancel this contract, we will reimburse all payments that we have received from you without delay and at the latest within fourteen days from the date on which the cancellation notice was received by us. If you have requested that our services should begin during the cancellation period, then a payment is due from you corresponding to the proportion of services rendered up to the date on which you notified us of the cancellation in terms of this contract, as opposed to the full extent provided for in the contract services.