General Terms and Conditions
BB and partners:
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 a commercial or independent 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 independent 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 the contract with BB und Partner Immobilien, represented by the managing director, within fourteen (14) days without giving reasons,
with registered office in,
BONN:
BEETHOVENPLATZ 7
53115 BONN
&
LINDAU:
WACKERSTR 44
88131 Lindau (Bodensee)
concluded contracts if these contracts are subject to the right of revocation (doorstep selling and distance selling contracts). The revocation 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, with registered office in
LINDAU, WACKERSTR 44 , 88131 Lindau (Bodensee) , by means of a clear statement - e.g. a letter sent by post, fax or e-mail - of your decision to withdraw from this contract. Please send the revocation to:
BB und Partner Immobilien
For the attention of the management
BONN:
BEETHOVENPLATZ 7
53115 BONN
TEL.: +49 228-97463209
FAX: 0228-9695149
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from a contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared 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 land, land rights, commercial premises and residential premises:
Buyer's and / or seller's commission:
Letting of residential space: Two months' net cold rent plus statutory VAT (2.38 months' net cold rent including statutory VAT)
Letting of commercial space: minimum two, maximum four months' net cold rent (minimum 2.38 and maximum 4.76 months' net cold rent including statutory VAT)
Sale of land and rights equivalent to land (developed/undeveloped): 6% of the notarized purchase price plus statutory VAT (7.14% including statutory VAT)
Sale of residential and partial ownership: 6% of the notarized purchase price plus statutory VAT (7.14% including statutory VAT)
A higher brokerage fee can and may be agreed with the seller for properties that are very difficult to sell due to their location and/or condition and other features that make them difficult to sell.
5. the commission claim is due upon conclusion of the main contract and payable immediately. In the event of default, an interest rate of 5%, for merchants and traders 8% above the prime rate of the ECB (European Central Bank), on the principal claim shall be deemed agreed. The commission rate always applies plus the applicable value added tax. The commission claim also arises if the contract is concluded under conditions that deviate from the offer. It also arises, for example, in the case of heritable building rights instead of purchase, rent instead of purchase, purchase instead of rent. The claim also arises if contractual extensions and supplements are concluded which are in a temporal and economic connection with the first contract.
6. to the extent 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 is based on information, cooperation or other activity by the broker and the purpose intended by the brokerage contract is achieved. For the purposes of the above provisions, acquisition by way of forced sale shall also be deemed to be a main contract.
7. the brokerage contract shall come into effect with the request (also verbally) and the sending of the offer/exposé by the broker. If the client is aware of a property, he shall reject it, stating when and how he gained his prior knowledge. If the client violates this obligation, he shall owe the agreed commission in the event of the conclusion of a main contract despite 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 knowledge gained in connection with the brokerage contract, in particular information about 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, the broker shall be liable to pay compensation in the amount of the commission specified in Clause 1 of these Terms and Conditions.
9. the details of the offer are generally based on information provided by the owner or third parties, for the accuracy of which the broker is not liable. The estate agent must inform the client of all circumstances that may be of significance for a purchase decision, insofar as he is aware of them himself; the estate agent does not need to make any special inquiries in this regard. The offers are always subject to change and non-binding; any liability on the part of the estate agent in the event of prior sale/letting is excluded. The estate agent accepts no liability for any financing envisaged by the client, even if he provides assistance in this respect. Liability is limited to grossly negligent or intentional behavior, provided that the client does not suffer physical injury or loss of life as a result of the broker's behavior.
10. if a third party is entitled to a right of first refusal on the proven property, the client shall include the following contractual provision in the main contract: "The buyer shall also be obliged to remunerate the broker in the event that the right of first refusal is exercised. By exercising the right of first refusal, the party entitled to first refusal also assumes the obligation to pay the broker's remuneration" or the client undertakes to include a corresponding brokerage clause in the contract. In the event of a breach, the client is liable to the broker for damages in the amount of the lost commission.
11 The commission to be paid by the client shall not be affected by any remuneration to be paid to the broker by a third party. In this respect, the broker is entitled to also act for the seller/landlord when concluding the prospective contract (dual activity).
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 comes closest to the invalid provision in the interests of the broker.
13. the client undertakes to ensure that a brokerage clause is included in the main contract when it is concluded. 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 over the question of 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 by mutual consent of both parties. Verbal collateral agreements shall only be valid if they have been agreed in writing.
15. digital illustrations on our Internet pages, prints in exposés and/or brochures as well as samples provided to the customer always serve only as reference points and do not constitute a guarantee. Deviations are possible and permissible.
16. the Bonn Local Court at the registered office of BB & Partner Immobilien shall have exclusive jurisdiction for disputes arising from this legal relationship with entrepreneurs; the consumer's place of residence shall have jurisdiction for disputes arising from this legal relationship with consumers. The contractual relationship is subject to German law.
The agent is liable under a pecuniary loss liability insurance policy for property managers,
Condominium administrators (§ 27 WEG) Sum insured per insured event: EUR 1,000,000 for financial losses
(basic sum insured) maximum 2 times for all insured events in an insurance year.