General terms and conditions of DABAN Investment GmbH
1. Validity
With the use of the offer contained in the following synopsis, e.g. by negotiating, viewing, etc., a brokerage contract is concluded between the offer recipient (broker customer) and DABAN Investment about the offered property, of which these terms and conditions are an integral part be recognized.
2. Confidentiality / Disclosure Prohibition
The offers and information sent by DABAN Investment, in particular exposés and their content, are confidential and only intended for the respective recipient. Passing on to third parties is prohibited without the express consent of DABAN Investment, which must be given in writing beforehand. If the broker client violates this obligation and the third party or another person to whom the third party has passed on the information concludes the main contract, which would be subject to commission in accordance with these conditions, the broker client undertakes to accept this payment in the amount of the commission on the basis of these conditions as compensation. The broker customer reserves the right to prove that lower or no damage has occurred. A further claim for damages by DABAN Investment due to unauthorized disclosure of information remains unaffected.
3. Offers
The offers and information sent by DABAN Investment, in particular exposés and their content, are confidential and only intended for the respective recipient. Passing on to third parties is prohibited without the express consent of DABAN Investment, which must be given in writing beforehand. If the broker client violates this obligation and the third party or another person to whom the third party has passed on the information concludes the main contract, which would be subject to commission in accordance with these conditions, the broker client undertakes to accept this payment in the amount of the commission on the basis of these conditions as compensation. The broker customer reserves the right to prove that lower or no damage has occurred. A further claim for damages by DABAN Investment due to unauthorized disclosure of information remains unaffected.
4. Entitlement to commission
The announcement (= proof) of the property address and / or the provider takes place with an explicit reference to the commission claim in the case of the purchase of the rental. Our claim to commission arises as soon as a main contract with regard to the property named by us has been concluded on the basis of our evidence and / or our mediation. The co-causation of our brokerage is sufficient here. If the main contract is concluded on terms other than those originally offered or if it is concluded for another object of the contractual partner proven by us, this does not affect our claim to commission as long as the business concluded is economically identical to the business offered by us only differs significantly in its economic success from the business offered. The right to commission arises in particular in the case of purchase instead of rent, acquisition of company shares instead of properties and vice versa, heritable building rights instead of purchase and exchange instead of purchase or rent.
5. Due date of the commission claim
The commission claim is due when the purchase agreement / rental agreement is concluded. The commission is payable after the invoice has been issued. DABAN Investment has the right to be present when the main contract is concluded. If the main contract is concluded without the participation of DABAN Investment, the customer is obliged to provide DABAN Investment with information about the essential content of the main contract and the assessment basis for the commission claim without delay.
6. Amount of commission
The commission is calculated from the total purchase price or the total rental price. Unless otherwise agreed, the buyer's commission is 3% of the economic purchase price or 2 months 'cold rents for renters and landlords and seller's commission is 3% of the economic purchase price or 2 months' cold rents for renters and landlords, each plus 19% total. VAT
7. Dual action
DABAN Investment is also entitled to act for the other party to the contract (seller / landlord) for a fee or free of charge.
8. Prior
knowledgeIf the customer is already familiar with the property offered by DABAN Investment, he must notify this immediately, at the latest within 3 calendar days, and prove it to DABAN Investment upon request. If the customer fails to provide this information, he / she has to reimburse DABAN Investment for all expenses that DABAN Investment incurs as a result of the fact that prior knowledge is not pointed out or is pointed out too late.
9. Limitation of Liability
Liability for negligent behavior by DABAN Investment, its legal representatives or vicarious agents is excluded. This does not apply if the damage consists of injury to life, body or health or is based on the breach of an essential contractual obligation (cardinal obligation) or the lack of certain properties guaranteed by DABAN Investment.
10. Place of fulfillment and place of jurisdiction
The place of fulfillment and jurisdiction for the merchant is Karlsruhe.
11. Right of withdrawal
You can revoke your contract declaration within 14 days in writing (e.g. letter, fax, email) without giving reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfillment of our information obligations in accordance with Article 246 §2 in conjunction with §1 Paragraph 1 and 2 EGBGB. Timely dispatch of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to: DABAN Investment, Am Hasenbiel 6, 76297 Stutensee. Special notes: Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
12. Severability Clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if a part of a regulation is ineffective, but another part is effective. The respective ineffective provision is to be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and that does not otherwise contravene the contractual agreements.
