Conditions
Terms of Service.
Kaminski Invest provides its consulting services to your contractor solely on the basis of these terms and conditions. As far as the customer is a registered trader, they also apply to all future business relationships, without them being expressly agreed again. Counter-confirmation of the customer with reference to its terms and conditions is hereby contradicted. Our employees / consultants are not authorized to make verbal collateral agreements or verbal assurances that go beyond the content of the respective contract including these terms and conditions.
1. Offers
Our offers are based on the information provided by us. The offers are given to the best of our knowledge and belief. They are subject to change and without obligation. Errors, leasing or prior sale remain reserved.
2. Disclosure of information and documents
Our offers and communications are only intended for the recipient himself, to be treated confidentially and may not be made accessible to third parties. If a contract is concluded with these third parties as a result of unauthorized disclosure, this also leads to a full commission claim on our part.
3. Foreknowledge
If you are already aware of the opportunity for us to conclude a contract, you are obliged to notify us in writing immediately, at the latest within 3 days. Otherwise, a commission must be paid to us upon conclusion of a contract for the proven object.
4. Origin of the commission claim
Our commission claim arises as soon as a contract regarding the object named by us has come into existence on the basis of our proof or our mediation, in which case co-causation is sufficient. If the contract is concluded for conditions other than those originally offered or if it is concluded via another object of the contracting party we have proved, this shall not affect our claim to commission, provided that the business concluded is economically identical or in its economic success only insignificantly deviates from the offered business. The same applies if a contract other than the one originally intended is concluded (eg purchase instead of rent and vice versa, ground lease instead of purchase, exchange instead of purchase, as well as acquisition by way of compulsory auction).
Our commission claim remains even if the concluded contract expires by the occurrence of a dissolving condition. The same applies if the contract expires by virtue of a statutory or contractual right of withdrawal, provided that the right of withdrawal is exercised for reasons for which the party is responsible or for other reasons in the person of one of the parties.
5. Follow-up business
We are also entitled to commission if, in a timely and economic context with the first contract brokered or proven by us, further contractual agreements are concluded which are based on the brokerage contract concluded between us.
6. Due date of the commission claim
Our claim to commission becomes due upon conclusion of the main contract. The commission is payable within 10 days of billing without any deductions.
If the contract is concluded without our participation, you are obliged to inform us immediately about the essential content of the contract for the purpose of calculating the commission claim.
7. Commission rates
The commission rates set out below are agreed between you and us upon conclusion of the brokerage contract and are payable by you in the event of success.
purchase
When buying and selling the commission to be paid in the amount of 4% plus VAT on the certified total purchase price and all ancillary services related thereto.
leasehold
In the case of the order or transfer of hereditary building rights, the ground rent calculated over the entire contract duration, payable by the leaseholder, is 4%.
Transfer of company rights
In the case of transfer of company rights, 4% of the contract value is calculated by the acquirer. Contract value in the sense of this regulation is the respective property value.
First and pre-emption right
When agreeing purchase and pre-emption rights calculated from the purchase price or market value of the object by the claimant 1%.
Rental and leasing
- For rental contracts, regardless of the term, 3.0 net monthly rent from the tenant.
- In the case of an agreement on options in terms of space or duration or, in the case of a premix agreement, a further net monthly rent from the renter, irrespective of the fixed term and the above commission rates.
- When concluding rental agreements, which are free of commission for the tenant, the landlord pays the commission as mentioned before.
The above commission rates are exclusive of VAT.
8. Acting for third parties
We are entitled to act for the other party either in return for payment or free of charge.
9. Disclaimer
The information provided by us is based on information and communications by third parties, in particular by the landowners. A liability for the accuracy and completeness of this information is not accepted. In any case, we are liable only for intent and gross negligence. Any claims for damages become statute-barred within 3 years after the claim has arisen, but at the latest 3 years after the brokerage contract has been processed.
10. Place of performance and jurisdiction
Place of fulfillment and place of jurisdiction for registered traders is Berlin.
11. Severability clause
Should individual provisions of our general business conditions be or become ineffective, this shall not affect the validity of the remaining provisions. In place of any ineffective or invalid provisions, the statutory provisions.
