These Terms of Contract and of Use govern the use of the online offer of David Borck Immobiliengesellschaft mbH,Schlüterstr. 45 10707 Berlin (hereinafter: Broker) under the domain name www.david-borck.de (hereinafter: Website) and the contractual relationship between the Broker and its customers.
2. Content, copyright
(1) The offers on the Website and in the synopses are based on the data and information received from the owner or other third parties and are not checked by the Broker. The offers are without obligation and non-binding.
(2) All rights to the contents of the Website and the synopses are vested in the Broker unless otherwise stipulated. The customer is prohibited from copying, disseminating and/or publishing copyrighted contents outside of the legal limits of Art. 44a et seq. Copyright Law. This prohibition exists irrespective of the form in which the contents is copied, disseminated and/or published and also refers explicitly to the inclusion of copyrighted contents for direct access (so-called embedded content).
(1) The client undertakes to pay a commission to the broker for brokering the conclusion of a sale or rental agreement. In the case of sale agreements, the commission shall amount to 7.14% of the sales price incl. sales tax; in the case of rental agreements, the commission shall amount to 2 times the net monthly rent (plus sales tax in each case), unless otherwise stated in the following paragraphs or in the prospectus provided by the broker.
(2) If the client is a prospective tenant looking for an apartment to rent and for whom the opportunity to conclude rental contracts for residential premises has been brokered, the client shall not be obliged to pay a commission unless, in deviation from (1) above, the client has commissioned the broker to act exclusively on client’s behalf to broker an apartment from a landlord or another entitled party.
(3) If the client is a private consumer and the broker has been mandated to mediate the conclusion of a sales agreement for an apartment or a single-family house, the commission, in deviation from (1) above, amounts to only 3.57% of the sales price incl. sales tax, unless another figure is expressly stated in the prospectus.
(4) The sales price shall be the agreed price of the property plus the value of any encumbrances assumed to reduce the sales price (e.g. right of residence in rem).
(5) The commission is due upon conclusion of the sales agreement or main agreement, without the need for a separate invoice.
(6) Whenever the broker markets a property as “commission-free” for the buyer, this means that the broker has been mandated by the seller and does not conclude a brokerage contract in the sense of Section 652 of the German Civil Code (BGB) with the client. In this case, the client shall not be obligated to pay a brokerage fee to the broker. Notwithstanding the above, the broker’s General Terms of Contract and of Use shall also apply in full to broker’s legal relationship with the client.
4. Prohibition against disclosure
(1) The customer undertakes not to exploit any of the offers, information or synopses transmitted by the Broker or disclose or provide it to third parties without the Broker’s prior written consent.
(2) For every proven violation against the obligation in Art. 4 (1) of these General Terms of Contract and of Use, the customer pays a contractual penalty to the Broker in the amount of the lost commission according to Art. 3 (1) of these General Terms of Contract and of Use on concluded sales or principal agreements if subsequently a sales or principal agreement is concluded between the third party and the owner without involving the Broker. To calculate commission, Clause Art. 3 (1) of these Terms applies accordingly.
(3) The above prohibition against disclosure also applies beyond the end of the contractual relationship.
5. Customer data
The customer assures that the data provided by him is relevant and complete.
6. Dual agency
The Broker is entitled to work for both the owner as well as the customer.
(1) The Broker is not liable for the accuracy and completeness of the offers listed on the Website or in the synopsis. If third party contents (videos, pictures), which is marked as such, is embedded in the Website or in the synopsis, the Broker assumes no responsibility for the accuracy and/or legality of these contents. Independent of this, the Broker is liable for the diligent and expert provision of its contractual services as well as for their faultlessness.
(2) Unlimited liability: The Broker is liable in the case of intent and gross negligence. For slight negligence, the Broker is liable for damages arising from injury to life, limb and health of persons.
(3) Limitations of liability: Otherwise, the Broker is liable for slight negligence only
if an essential contractual duty has been violated whose fulfilment is a pre-requisite for being able to execute the contract properly in the first place and on whose fulfilment the customer may normally trust (cardinal obligation), and the liability is limited in amount to the foreseeable damage typical for the contract at the conclusion of contract.
(4) This limitation of liability also applies to the Broker’s vicarious agents.
8. Final provisions
(1) Should these Terms of Contract and of Use contain invalid provisions, the validity of the remaining provisions remains unaffected.
(2) Exclusively German law is applicable to the present Terms under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) Should the customer be a business owner, a legal entity under public law or special fund under public law, then Berlin is the legal venue for all disputes arising from or in connection with these Terms.
(4) The European Commission provides a platform for extra-judicial arbitration under the following link: http://ec.europa.eu/consumers/odr/ .
We are neither bound by law nor willing to participate in such an arbitration by the Consumer Arbitration Board.
Berlin: April 2023