In contrast to an individual agreement, general terms and conditions (GTC) are all contractual conditions pre-formulated for a large number of contracts, which one contracting party provides to the other contracting party upon conclusion of a contract, cf. § 305 (1) cl. 1 BGB.
§ 1 · Business purpose
The business purpose of VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH is the brokerage of the conclusion of contracts for real estate, rights equivalent to real estate, commercial premises and residential premises or proof of the conclusion of such contracts and the management of assets, in particular real estate, as well as economic advice of any kind. The company is entitled to carry out all transactions that are beneficial to the company’s purpose. It may acquire other companies, take an interest in them or assume their management and establish branches. VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH, Zitelmannstraße 6, D – 53113 Bonn, Tel + 49 228 92385-0, Fax +49 228 92385-850, firstname.lastname@example.org, www.vonbriskorn.de is registered in the Commercial Register of the Bonn District Court under HRB 8858 and is represented by the Managing Director: Stefan A. von Briskorn – Real Estate Agent/Business Consultant, procurist: Klaus von Briskorn – Lawyer. The trade licence was granted by the City of Bonn, Office 32, Stadthaus Bonn, 53111 Bonn. Chamber of Commerce and Industry: IHK Bonn Rhein-Sieg, VAT-ID-No.:DE 12742244. The tax number will be provided on justified request.
§ 2 – Brokerage agreement
A brokerage agreement is concluded when the recipient makes use of our offers, i.e. even if the recipient contacts us or the owner/landlord directly. With the receipt of the offer – by mail, e-mail, fax, phone, internet or in any other way – our general terms and conditions come into force.
§ 3 – Liability
Offers are always subject to change and non-binding. Information can be based on official statements, statements of the client or his representative, on observations of the market, impressions of visits and, if necessary, estimates. The information is not an expert opinion of a publicly appointed and sworn expert. The observance or consideration of valuation regulations, in particular the German Building Code, the Valuation Ordinance and the Valuation Guidelines or other rules and regulations are expressly not guaranteed. All information has been prepared with the greatest possible care and is based on information from sources that we consider reliable, but for whose accuracy, completeness and correctness we assume no liability, nor for direct or indirect damages arising from this. Opinions contained herein may represent our assessment at the time of preparation of an exposé and are subject to change without notice. Historical developments are no indication of future results. In particular, we are entitled, but not obliged, to verify the accuracy of the information on the living and financial circumstances of the contracting parties supplied. The opinions and recommendations expressed do not take into account individual client situations, objectives or needs. The recipients of offers must make their own independent decisions with regard to individual aspects.
§ 4 – Confidentiality notice
The offer is intended exclusively for the client or the recipient himself. All information – including any attachments – must be treated as strictly confidential. Attachments are to be returned at our request. The passing on of any information to third parties is not permitted and obliges the client to pay compensation in the amount of the full verification and agency commission to VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH.
§ 5 – Prior knowledge
If the recipient of the offer is already aware of the opportunity to conclude a contract as proven by VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH, he must inform VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH immediately and provide proof of his knowledge and notification upon request. Otherwise, VON BRISKORN IMMOBILIEN- &WIRTSCHAFTSBERATUNG GMBH has full commission and compensation claims.
§ 6 – Causality
A transaction is always subject to commission if, despite prior knowledge of the property, the assistance of VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH is used to conclude the transaction after receipt of the offer. We are also entitled to a commission if an economically similar or similar transaction is concluded. Causality of our brokerage activity is sufficient. It is not necessary for the conditions of the offer and the conclusion of the contract to correspond. The claim to commission remains in force if the contract that has come into being expires due to conditions that have been resolved. The same applies if the contract is terminated due to a reservation of withdrawal or is cancelled or not fulfilled for other reasons. If the contract is successfully contested or reversed, the party to the contract that set the reason for contestation or reversal is liable for damages in the amount of the commission claim.
§ 7 – Consumer information
In accordance with § 36 (2) cl. 1 VSBG (Consumer Dispute Settlement Act), we hereby inform you that VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH is neither willing nor obliged to participate in dispute settlement proceedings. Any obligation to appoint an arbitration board is therefore not applicable. The European Commission provides a platform for Online Dispute Resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr. The EU Commission’s OS platform is only a contact point for dispute resolution and does not itself undertake any dispute resolution. If the OS platform is used and we receive an offer for dispute resolution, we will reject this offer. If only the masculine form of a word is used in texts, this should only serve the purpose of better readability and comprehensibility and should not indicate any gender discrimination. All persons are addressed, regardless of their gender situation and/or gender affiliation or which gender affiliation is claimed by them.
§ 8 – Remuneration information
We are also entitled to act for the other part against payment. We are permitted to carry out the order in cooperation with other brokers, without additional costs for the client. If a contract is concluded as a result of our proof or mediation, a commission is payable to us in accordance with our fee rates pursuant to § 9. If information is contradictory regarding the remuneration, the information provided in the exposé or contract shall take precedence over that specified in § 9. The commission is irrevocably earned upon conclusion of the contract, is due and payable without any objections.
§ 9 – Fee rates
(a) purchase and sale or other acquisition agreement of real estate or rights equivalent to real estate:
3.57 % of the total purchase price including the statutory value added tax, payable by the seller and the buyer respectively.
In the case of the sales price on a pension basis, the purchase price is the cash price plus the capitalised pension interest (capital present value of the pension). For the creation and transfer of heritable building rights, the commission amounts to 3.57 % of the purchase price including the statutory value added tax. If no such commission has been agreed, it shall be replaced by either 25 times the annual ground rent or the capitalised net present value of the ground rent to be calculated, at our discretion. When calculating the capital present value, the effective interest rate customary in the market for mortgage loans with a fixed interest rate of 10 years at 100% disbursement is to be applied.
In the case of the mediation of a pre-sale right, 1.19 % of the market value of the property is payable by the entitled party upon conclusion of the contract, and a further 2.38 % of the purchase price when the pre-sale right is exercised, in each case including the statutory value-added tax.
(b) Letting of residential property:
2.38 monthly rents without additional costs including the statutory value added tax, payable by the client.
(c) renting and leasing of retail and commercial space:
For contract periods of up to 5 years: 2,00 monthly rents without additional costs plus statutory value added tax, payable by the tenant.
For longer contract periods (option rights apply as for contract periods): 4,00 monthly rents without additional costs plus statutory added tax, payable by the tenant.
If an option right is granted in addition to a rental or lease agreement, the total amount of the commissions from the rental agreement and option right may not exceed 4,00 monthly rents without additional costs plus statutory value added tax. If an option right is agreed, we receive 2,00 monthly rents from the tenant without additional costs plus statutory value-added tax.
(d) The fees for consultancy and other services shall be determined by separate agreement.
§ 10 – Jurisdiction/Text form
Place of performance and jurisdiction is Bonn. The law of the Federal Republic of Germany applies.
We do not accept other clauses and terms of condition, even if we do not object to them.
Deviating agreements and ancillary agreements must be confirmed in text form to be legally effective.
§ 11 – Professional liability insurance
VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH maintains professional liability insurance for all employees with ERGO Versicherung AG, Victoriaplatz 2, 40477 Düsseldorf, www.ergo.de. The geographical scope of the insurance cover includes activities in the member states of the European Union.
Right of withdrawal
(a) Preliminary remark
If the brokerage contract was concluded exclusively via the Internet (so-called remote communication) without the physical presence of the contracting parties, the brokerage contract can be classified as a distance contract in accordance with § 312 b 1 cl. 1 BGB.
It is pointed out that the right of revocation only applies to distance selling contracts concluded between a consumer according to § 13 BGB and a tradesman according to § 14 BGB. If both parties are acting in the course of their commercial activities, no right of revocation shall be established for distance selling contracts pursuant to §§ 312 d, 355 BGB.
Unless the customer declares otherwise, we will act immediately upon an express request of a customer and therefore before the end of a fortnight’s revocation period.
(b) Right of withdrawal
You may revoke your brokerage agreement in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins upon receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfilment of our information obligations according to Art. 246 § 2 in connection with § 1, 1 and 2 EGBGB. The timely dispatch of the revocation suffices to comply with the revocation period. The revocation is to be addressed to: VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH, Zitelmannstraße 6, 53113 Bonn, Germany, Fax +49 228 92385-850, email@example.com.
(c) Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived are to be surrendered – see §§ 357 para. 1 p. 1, 346 BGB.
In the case of a brokerage service, which by its nature cannot be returned by the consumer, the consumer, as the party liable to return the goods, must pay compensation in accordance with § 346 2 No. 1 BGB.
Obligations to refund payments must be fulfilled within 30 days. For the customer, the period begins with the dispatch of his declaration of revocation, for us with its receipt.
The right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
1.) Preliminary remark
The data processing is carried out through individual access control, data medium control. Storage control, user control, access control, transfer control, input control, transport control, recoverability control, reliability control, data integrity control, job control, availability control, as well as ensuring data separability. The destruction of paper data carriers is carried out in accordance with DIN 66399 using a shredder of security level 4. The destruction and deletion of electronically recorded data and other data carriers is also carried out in accordance with data protection regulations. Furthermore, all employees and service providers are bound to data secrecy. A list of processing activities is kept in accordance with the Basic Data Protection Regulation (DSGVO), which is made available to the supervisory authority on request.
Copyright is owned by VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH. All rights reserved, in particular reprinting, imitation and reproduction, even in part, require prior consent.
3.) Personal data
It is possible to send us personal data (by letter, fax, e-mail, data carriers, etc.).
Personal data is information that can be used to learn your identity. This includes information such as name, address, postal address, telephone number, e-mail address.
Due to the principle of data economy resulting from § 3a BDSG, we only collect as much personal data from contact forms as is absolutely necessary to process the respective request.
With regard to your personal data, we would like to point out that these are stored, transmitted and treated confidentially in accordance with the applicable data protection regulations.
In accordance with the purpose limitation principle, the data is only used for the specified purpose and is deleted after the purpose has been fulfilled. Insofar as VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH is obliged to do so by law or by court order, it will transmit data to the required extent to those entitled to receive information.
For other purposes, VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH will not pass on data to third parties without the express consent of the person concerned. We reserve the right to statistically evaluate anonymous data records.
You have the right to have data, which we process automatically on the basis of your consent or in fulfilment of a contract, handed over to you or to a third party in a common, machine-readable format.
If you request the direct transfer of the data to another responsible person, this will only take place as far as it is technically feasible.
We regularly check the creditworthiness of the parties involved when concluding contracts and in certain cases where there is a legitimate interest. For this purpose we cooperate with Creditreform Bonn Rossen KG, Graurheindorfer Str. 92, 53117 Bonn, Tel +49 228 267940, www.creditreform-bonn.de, from whom we obtain the necessary data.
For this purpose we transmit names and addresses to Creditreform. For further information on data processing at Creditreform, please visit www.creditreform-bonn.de/EU-DSGVO/.
4.) Encryption procedure
We expressly point out that data protection in open networks such as the Internet obviously cannot be fully guaranteed.
As the operator of an Internet presentation, we have implemented a recognized encryption procedure in the context of the use of contact forms for the transmission of personal data.
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If the SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
5.) Change of our data protection regulations
We reserve the right to change our security and data protection measures if this becomes necessary due to legal or technical developments. In these cases we will also adapt our data protection information accordingly. Therefore, please note the current version of our data protection declaration.
6.) Right of information, blocking, deletion and revocation
You have the right to receive information free of charge about the origin, recipient and purpose of your stored personal data at any time. You also have the right to demand the correction, blocking or deletion of this data. Furthermore, you can withdraw your consent to the collection and storage of your personal data by us at any time.
Please contact us if required:
VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH, Zitelmannstraße 6,
D – 53113 Bonn, Tel +49 228 92385-0, Fax +49 228 92385-850, firstname.lastname@example.org.
If you have any further questions on the subject of data protection, you can also contact us at any time at the above-mentioned address.
Should VON BRISKORN IMMOBILIEN- & WIRTSCHAFTSBERATUNG GMBH receive a request not to use personal data for further contact and/or to delete it, we will act accordingly.
Data that are absolutely necessary for order processing or for commercial purposes are not affected by a revocation and deletion.
We would like to point out that in the event of revocation, the personalised service can no longer be provided as it is based on the use of customer data.
There is no obligation to appoint a data protection officer.
The competent complaints office or supervisory authority for violations of data protection law is the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, Kavalleriestrasse 2-4, 40213 Düsseldorf, Tel +49 211 384 24-0, Fax +49 211 384 24-10, email@example.com, www.ldi.nrw.de.
If you visit our website www.vonbriskorn.de, the supplementary instructions on use and data protection listed there also apply.
If there are any differences between the German and the English version of this website, the information provided by the German site takes precedence over that of the English site.