Terms and Conditions
The following legal terms and conditions have become the basis of the brokerage contract. The customer has accepted the inclusion of these terms and conditions in the brokerage contract and confirmed that these terms and conditions were given to him or he was advised of the possibility to view the terms and conditions on the Internet at www.kraft-bonn.de.
1. Kraft Immobilien GmbH provides the opportunity to conclude contracts (e.g. purchase and rental contracts) for developed and undeveloped properties, in particular residential and commercial buildings, developed and undeveloped land and areas, apartments, shops, offices, commercial and production halls, etc. The customer of Kraft Immobilien GmbH undertakes to pay a brokerage commission specified in the brokerage contract or in another agreement when concluding a contract brokered by Kraft Immobilien GmbH (e.g. purchase contract, commercial lease, lease, usage contract, participation agreement, etc.). If such a commission has not been expressly agreed, the customer undertakes to pay a commission of 3,57% of the purchase price (including statutory VAT) in the case of the purchase or sale of a property. A corresponding commission is charged by both the buyer and the seller, unless expressly agreed otherwise. In the case of evidence of the possibility of concluding a rental contract, the client / purchaser undertakes - unless otherwise agreed - to pay a commission of 2,38 monthly rent (including VAT). Due to the new version of the WoVermG, the landlord will usually be the client of Kraft Immobilien GmbH. In the case of a written order to search for an apartment by the prospective tenant, this becomes the client / purchaser. If an apartment is successfully brokered that was not yet in the offer from Kraft Immobilien GmbH at the time of the commissioning, the commission upon conclusion of the contract is 2,38 monthly rent, payable by the tenant (client and purchaser).
2. The commission becomes due and payable upon conclusion of the brokered contract, even if at that time the invoice should not yet be provided. The position of the invoice is not a due date. The customer is in arrears with the payment if he does not settle the fee claim within 10 days after the due date and receipt of an invoice.
3. All offers submitted by Kraft Immobilien GmbH are non-binding and subject to change. All information on the objects to be brokered is based on information provided by third parties. For the accuracy and completeness of this information Kraft Immobilien GmbH assumes no responsibility or liability. Kraft Immobilien GmbH is not obliged to check the information received from third parties.
4. The data and offers transmitted by Kraft Immobilien GmbH are intended exclusively for the recipient; these are to be treated confidentially by him. A transfer to third parties is permitted only after prior approval by Kraft Immobilien GmbH. Kraft Immobilien GmbH undertakes to treat as confidential all data it receives in connection with its activities, in particular the personal data of its customers. Kraft Immobilien GmbH points out that all data stored in the data processing and kept.
5. If it comes as a result of the disclosure of data and information to a contract of a third party with the buyer / seller or tenant / landlord, the customer is liable to Kraft Immobilien GmbH for damages in the amount of the commission.
6. Commission claims arise as soon as a contract is concluded due to our mediation. This is the obligation to inform us immediately if and if so, under what conditions a contract has been concluded for an object offered by us.
The right to commission also arises if the contract is concluded on terms that deviate from the offer, or if the desired economic success is achieved through a contract for another object of the contractual partner that we have verified; finally, if and in so far as in the temporal and economic context of a first contract, contractual extensions come about. The commission claim arises, for example, when buying instead of rent and vice versa, leasehold instead of purchase, as well as the purchase in the way of foreclosure.
The right to commission remains in force if the contract that has been concluded expires on the basis of dissolving conditions. The same applies if the contract is terminated due to the customer's right of rescission or if it is reversed or not fulfilled for other reasons in his person. If the contract is successfully challenged, then that part of the contract which has set the ground for challenge is obliged to pay damages.
7. Kraft Immobilien GmbH is only liable for intent and gross negligence. Liability for third party services is not accepted. This applies in particular if Kraft Immobilien GmbH mediates contracts between its customers and third-party companies without any legal obligation, e.g. construction contracts, contracts for work and services, financing agreements, etc. Kraft Immobilien GmbH assumes no liability for the services of the recommended or mediated companies.
8. If the customer of Kraft Immobilien GmbH already knows the property on offer, he undertakes to notify Kraft Immobilien GmbH of this immediately - within one week at the latest. If a corresponding notification of prior knowledge is not given within this period, the customer cannot rely on prior knowledge.
9. Kraft Immobilien GmbH is entitled to become commission-liable also for the other contracting party.
10. The customer undertakes to inform Kraft Immobilien GmbH immediately if he gives up his purchase or sale and / or rental or rental intent.
11. The customer undertakes to provide all information and data needed to complete an order completely and correctly. The customer further undertakes, within the scope of a granted sole contract, not to commission any other broker during the term of the contract.
12. The collection and calculation of value added tax will be carried out according to the applicable VAT rates in accordance with the statutory requirements. If the value added tax rate changes, the amount of the commission also changes accordingly.
13. Should any provision of these Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected. The parties undertake to replace the ineffective provision with an effective provision as closely as possible to this provision.
14. The place of fulfillment and jurisdiction under registered traders is, as far as legally permissible, the registered office of Kraft Immobilien GmbH in Bonn.