terms and conditions

1. The terms and conditions apply to all current and future business relationships.

2. Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without any commercial or self-employed professional activity being attributable to them. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or self-employed professional activity. Customers within the meaning of the terms and conditions are both consumers and entrepreneurs.

3. Right of withdrawal: You have the right to withdraw from contracts concluded with BB und Partner Immobilien, represented by the managing director,
based in

BEETHOVENPLATZ  7


53115 BONN

within fourteen (14) days without giving reasons if these contracts are subject to the right of withdrawal (door-to-door sales and distance contracts). The withdrawal period is fourteen (14) days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us, BB & Partner Immobilien, represented by the managing director, based in Bonn, of your decision to withdraw from this contract by means of a clear statement, e.g., a letter sent by post, fax, or email. Please send your withdrawal to:

BB und Partner Immobilien
 For the attention of the management

BONN:
BEETHOVENPLATZ  7


53115 BONN
TEL.: +49 228-97463209   
FAX: 0228-92934704

INFO@BBUNDPARTNER.COM

​

​To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal: If you withdraw from a contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment. If you have requested that the services 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 time you notify us of the exercise of the right of withdrawal with respect to this contract in comparison to the total scope of the services provided for in the contract.

4. The commission rates listed below apply to the brokerage of the conclusion or proof of the opportunity to conclude contracts for real estate, real estate rights, commercial premises, and residential premises:
Buyer and/or seller commission:

* Rental of residential space: Two months' net cold rent plus statutory sales tax (2.38 months' net cold rent including statutory sales tax)
* Rental of commercial space: Minimum of two, maximum of four months' net rent excluding utilities (minimum of 2.38 and maximum of 4.76 months' net rent excluding utilities, including statutory sales tax)
* Sale of land and rights equivalent to land (developed/undeveloped): 6% of the notarized purchase price plus statutory sales tax (7.14% including statutory sales tax)
* Sale of residential property and partial ownership: 6% of the notarized purchase price plus statutory sales tax (7.14% including statutory sales tax)
* In the case of properties that are very difficult to sell due to their location and/or condition or other characteristics that make them difficult to sell, a higher brokerage commission may be agreed with the seller.

5. The commission claim is due and payable immediately upon conclusion of the main contract. In the event of default, an interest rate of 5% above the base rate of the ECB (European Central Bank) shall apply to merchants and traders, and 8% above the base rate of the ECB (European Central Bank) shall apply to the principal claim. The commission rate is always subject to the applicable sales tax. The commission claim also arises if the contract is concluded on terms that deviate from the offer. It therefore also arises, for example, in the case of hereditary building rights instead of purchase, rent instead of purchase, purchase instead of rent. The claim also arises if contractual extensions and additions are made that are temporally and economically related to the first contract.

6. Within the limits permitted by law, any contract concluded by the client with a third party shall be deemed to be the main contract, provided that the conclusion of the contract is based on information, cooperation, or other activities of the broker and the purpose sought by the brokerage contract is achieved. Within the meaning of the above provisions, acquisition by way of foreclosure sale shall also be deemed to be the main contract.

7. The brokerage agreement shall come into effect upon request (including verbal requests) and upon transmission of the offer/exposé by the broker. If the client is aware of a property, they shall reject it, indicating when and how they obtained their prior knowledge. If the client violates this obligation, they shall owe the agreed commission in the event of the conclusion of a main contract, despite their prior knowledge.

8. The client is obliged to maintain confidentiality with regard to the offers submitted to him and is not authorized to pass on to third parties any information obtained in connection with the brokerage agreement, in particular details of properties offered to him or prospective buyers. If a breach of this obligation leads to the conclusion of a main contract within the meaning of clause 2 of these terms and conditions, compensation in the amount of the commission specified in clause 1 of these terms and conditions shall be paid to the broker.

9. The information contained in the offer is generally based on information provided by the owner or third parties, for the accuracy of which the broker is not liable. The broker must inform the client of all circumstances that may be relevant to a purchase decision, insofar as they are known to the broker; the broker is not required to conduct any special research in this regard. Offers are always subject to change and non-binding; the broker shall not be liable in the event of prior sale/rental. The broker shall not be liable for any financing envisaged by the client, even if he assists in this regard. Liability is limited to gross negligence or intentional conduct, provided that the client does not suffer physical injury or lose his life as a result of the broker's conduct.

10. If a third party has a right of first refusal on the proven property, the client shall include the following contractual provision in the main contract: "The buyer is obliged to pay the broker's fee even if the right of first refusal is exercised. By exercising the right of first refusal, the person entitled to the right of first refusal also assumes the obligation to pay the broker's commission" or the client undertakes to include a corresponding brokerage clause in the contract. In the event of a breach, the client shall be liable to the broker for damages in the amount of the lost commission.

11. The commission payable by the client shall not be affected by any remuneration payable to the broker by a third party. In this respect, the broker is also entitled to act on behalf of the seller/landlord upon conclusion of the proposed contract (dual agency).

12. In the event that one of the above clauses violates mandatory statutory provisions, the validity of the remainder of the contract shall remain unaffected. The invalid provision shall be replaced by the statutory provision that most closely approximates the interests of the broker in the invalid provision.

13. The client undertakes to ensure that a brokerage clause is included in the main contract upon its conclusion. In the event of a breach, the client shall bear the burden of proof for the non-existence of a commission claim by the broker, insofar as a dispute arises regarding the client's commission obligation.

14. Amendments to the above contractual terms and conditions shall only be effective if they have been agreed in writing between the parties to this contract or have been expressly confirmed in writing and by mutual agreement by both parties. Verbal side agreements shall only become valid once they have been agreed in writing.

15. Digital images on our website, reproductions in exposés and/or brochures, and samples provided to the customer are always for reference purposes only and do not constitute a guarantee. Deviations are possible and permissible.

16. The Bonn District Court at the registered office of BB & Partner Immobilien shall have exclusive jurisdiction for disputes arising from this legal relationship with entrepreneurs; for disputes arising from this legal relationship with consumers, the consumer's place of residence shall have jurisdiction. The contractual relationship is subject to German law.

The agent is liable with financial loss liability insurance for house and property managers, 

condominium property managers (Section 27 WEG) Sum insured per insured event: EUR 1,000,000 for financial losses 
(basic sum insured) up to a maximum of twice this amount for all insured events in an insurance year.