GTC
General Terms and Conditions of NR Immobilien INVEST GmbH
The following General Terms and Conditions (GTC) form the basis of the brokerage agreement between NR Immobilien INVEST GmbH, represented by Managing Director Mr Nick Reimann, Brentanostraße 10, 12163 Berlin, and the customer. NR Immobilien INVEST GmbH guarantees that it holds the trading licence in accordance with Section 34 c of the Trade Regulation Act (GewO), which is required by law to act as a broker.
Section 1: Definitions and scope
NR Immobilien INVEST GmbH (hereinafter: "broker") is an entrepreneur within the meaning of Section 14 of the German Civil Code ("BGB") in the capacity of a real estate agent according to Sections 652 et seq. of the BGB against payment of a commission. The customer is either an entrepreneur within the meaning of Section 14 of the BGB or a consumer within the meaning of Section 13 of the BGB; they are also either a seller, buyer, landlord or a tenant of a property, which can include a house or an apartment, who shall be referred to as "apartment seekers" taking the customer principle into account.
The contract brokered by the broker between the customer and the other contracting party, who can also be a customer, is referred to as the "main contract", as it can be based on a purchase, rental, lease or brokerage contract.
In the event that individual contractual provisions concluded in writing should deviate from and contradict these General Terms and Conditions, the individually agreed individual contractual provisions shall take precedence over these General Terms and Conditions.
Section 2: Offers / advertised properties
The advertised offers of the broker are non-binding and subject to change (see Section 11 paragraph 1). Errors and prior sale / short-term lets are reserved. Moreover, offers shall be understood merely as an invitation to submit a declaration of intent.
Section 3: Conclusion of the agreement
(1) A brokerage agreement the subject matter of which is the verification of the opportunity to conclude a purchase agreement in respect of an apartment or a single-family house, or the brokerage of such an agreement, must be recorded in text form.
(2) This also applies to a brokerage agreement for the verification of the opportunity to conclude a rental agreement or for the brokerage of such an agreement.
Section 4: Customer’s obligations
(1) The customer undertakes to provide the broker with all records, documents and information required to execute the order free of charge and to submit the necessary disclosures free of charge.
(2) The customer undertakes not to commission any other broker in respect of the contractual property during the term of the brokerage agreement.
(3) The customer shall be liable for all damages incurred by the broker if, despite the foregoing, the customer should commission another broker in respect of the contractual property.
(4) The customer also undertakes to inform the broker without undue delay of all circumstances relating to the brokerage agreement and its implementation; this shall apply in particular to the abandonment or change of the intention to buy, sell, let or rent.
(5) The customer shall be responsible for checking the creditworthiness of the potential contractual partner to the main contract as well as verifying the accuracy of the property information and details (see Section 11).
(6) Information about the respective properties which are the subject matter of the main contract, such as the property profile, as well as the brokerage and/or verification activities by the broker are intended exclusively for the customer. The customer undertakes to maintain confidentiality in respect of the information transmitted to them and not to disclose it to third parties without authorisation. If the main contract is concluded with a third party as a result of the unauthorised disclosure of such information to the respective third party, the broker’s claim to commission shall remain unaffected (see Section 9 paragraph 2).
Section 5: Power of attorney of the seller of a property
A customer intending to sell a property grants the broker power of attorney to inspect the land register, all official files and to exercise the rights of the customer vis-à-vis the administrator of the homeowner association as though the broker themselves were a homeowner.
Section 6: Dual activity of the broker
(1) The broker is entitled to act on behalf of both parties to the contract in the capacity of a so-called “dual broker”. This shall only apply where no conflict of interest arises as a result of such activity.
(2) In the case of dual brokerage, the broker shall be obliged to inform the customer in advance that the broker is entitled to an independent claim to commission from each party. Note the exception set out in Section 7 paragraph 3.
(3) The broker undertakes to maintain impartiality.
Section 7: Broker's commission
(1) The entitlement to the payment of a commission shall come into effect upon conclusion of the effective main contract, insofar as the main contract is based on the contractual verification and brokerage activity by the broker. With regard to the conclusion of the main contract, contributory causation shall be sufficient to satisfy these requirements. The commission shall be calculated based on the purchase price plus any other services provided by the customer to the buyer (e.g. assumption of land register charges, compensation for furnishings). Any subsequent reduction in the purchase price shall not affect the amount of the claim to commission.
(2) The commission shall become due following conclusion of the main contract. This shall apply without prejudice to the term of the agreement (see Section 13).
(3) If the customer is a consumer and the main contract is a purchase agreement for a single-family house or an owner-occupied flat, both parties undertake to pay the broker's commission on a pro-rata basis. If only one party has undertaken to pay the broker's commission, an agreement must be concluded between the parties which shall oblige the respective other party to pay or reimburse the broker's commission on a pro-rata basis. Both parties shall pay the broker's commission in the same amount. The entitlement to the payment of the broker's commission shall only become due once the party who has concluded the brokerage contract has demonstrably fulfilled their payment obligation.
(4) Immediately after the conclusion of the main contract, the customer undertakes to inform the broker of the time of the conclusion of the main contract, the fee agreed and the identity of the other party.
(5) The obligation to provide information in accordance with paragraph 4 shall apply even where the main contract is subject to a condition precedent and the condition has not yet been satisfied.
(6) The amount of the broker's commission is stated in the respective property profile. The parties shall also be free to agree on an individual amount of the broker's commission.
(7) In the event of an interdependency, the broker undertakes to inform the customer thereof without undue delay, in which case the parties undertake to make an independent commission promise in respect of to the claim to the broker’s commission.
(8) The claim to commission shall also remain unaffected if the prerequisites for the conclusion of the main contract were demonstrably brought about by the brokerage activity, but the customer withdraws from the main contract or terminates the brokerage agreement despite the brokerage activity having already been performed in full.
(9) The brokerage commission to be paid is subject to the applicable value-added tax.
Section 8: Reimbursement of expenses
(1) If the brokerage is unsuccessful, the customer undertakes to reimburse verifiable expenses of the broker (e.g. travel expenses, costs of preparing a property profile, land register extracts, etc.) incurred in performing the contractually agreed brokerage and verification activities.
(2) This shall not apply to orders from apartment seekers.
(3) The amount of the reimbursement of verifiable expenses shall be limited to 25% of the anticipated commission.
Section 9: Substitute transactions
(1) The entitlement to the broker’s commission shall remain unaffected if an economically equivalent, similar or comparable substitute transaction is concluded (e.g. purchase of another property).
(2) This shall also apply where the customer discloses information received from the broker contrary to the contractual agreement (see Section 4 paragraph 6) to a third party with whom they have a close personal or distinct economic relationship, and the main contract is subsequently concluded with the respective third party.
Section 10: Customer’s right of retention
(1) The customer may only assert rights of retention against the broker's claim to commission if the customer's counterclaim is based on the same contractual relationship or where any other claims are undisputed or legally valid.
(2) This shall also apply to the offsetting of counterclaims against the broker’s claim to commission, with the exception of tortious claims.
Section 11: Limitation of liability
(1) The offers advertised and submitted by the broker on their homepage www.nr-immobilien-invest.de are non-binding and subject to change. All features of the advertised properties are based on information provided by third parties who have commissioned the broker to broker the specific property. The broker assumes no responsibility or liability for the completeness and correctness of the information provided. The broker is not obliged to verify the completeness and correctness of the information provided in every single advertisement.
(2) The broker is not obliged to check the creditworthiness of the verified/mediated party, therefore they shall not be liable in the event that the creditworthiness of a party should not be sufficient.
(3) The liability of the broker as well as their legal representatives or vicarious agents for negligent behaviour shall be excluded.
(4) However, within the framework of the statutory provisions, the broker shall be fully liable for damage:
a. to life, limb or health that is based on an intentional or negligent breach of duty or otherwise on wilful or negligent behaviour on the part of the broker or one of their legal representatives or vicarious agents;
b. which is based on an intentional or grossly negligent breach of duty or otherwise on wilful or grossly negligent behaviour on the part of the broker or one of their legal representatives or vicarious agents.
(5) In any case, the broker shall only be liable for the foreseeable damage typical of the agreement in question. In addition, they shall only be liable for damage that is based on a slightly negligent breach of cardinal obligations, i.e. obligations that are essential for the agreement.
(6) Any further liability shall be excluded, especially for tortious claims and for compensation for wasted expenditure.
Section 12: Consumer’s right to cancellation
(1) Consumers shall have a right of cancellation in accordance with Section 312g (1) of the BGB in conjunction with Section 355 of the BGB
(2) Cancellation policy for the consumer following conclusion of the brokerage agreement:
Cancellation policy
Right to cancellation
You have the right to cancel this agreement within fourteen days without giving any reason.
The cancellation period is fourteen days from the conclusion of the agreement.
To exercise your right to cancellation, you must inform us (NR Immobilien INVEST GmbH, represented by Managing Director Mr Nick Reimann, Brentanostraße 10, 12163 Berlin, Tel: 0160/ 1261 569, Email: mail@nr-immobilien-invest.de) by way of an explicit declaration (e.g., a letter sent by post, a fax or an email) of your decision to cancel this agreement. You may use the attached Sample Cancellation Form for this purpose, though doing so is not mandatory.
In order to comply with the cancellation period, it is sufficient for you to send the notice concerning your intention to exercise your right to cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this agreement, we shall reimburse all the payments that we have received from you, including the costs of delivery (except for the additional costs arising from your choice of a different delivery method than the cheapest standard delivery we offer) immediately and no later than fourteen days after the day on which we receive the notice of your cancellation of this agreement. When reimbursing you, we will use the same means of payment used by you for the original transaction, unless expressly otherwise agreed with you; in no case will we charge you any fees for such reimbursement.
If you have requested that our service be commenced during the cancellation period, you must pay us for the service already provided to you by the time you inform us of your exercise of the right to cancellation. This amount shall correspond to the proportion of the service actually provided in relation to the total volume of services agreed upon in the agreement.
End of cancellation policy
(3) Sample Cancellation Form
Sample Cancellation Form
(If you wish to cancel the agreement, please fill in and return this form)
To:
NR Immobilien INVEST GmbH
represented by Managing Director Mr Nick Reimann
Brentanostraße 10
12163 Berlin
Email: mail@nr-immobilien-invest.de
I / we (*) hereby cancel the agreement concluded by me / us (*) for the provision of the following service (*)
________________________________________________________ ________________________________________________________
Order number:
Ordered on (*) / received on (*): ____________________________________
Name of the consumer(s): ____________________________________
Address of the consumer(s): ____________________________________
____________________________________
Signature of the consumer(s): (only for declarations on paper)
Date: __________________________________
(*) Delete as appropriate.
(4) In addition to the rights specified in this section, the customer has the option of declaring the cancellation of an order and having it processed in person at NR Immobilien INVEST GmbH, represented by Managing Director Mr Nick Reimann, Brentanostraße 10, 12163 Berlin, within the cancellation period.
(5) The right to cancellation expires if the broker has provided the contractually agreed service and has only started to perform the service after the customer has given their express consent in text form (email is sufficient) and, at the same time, has confirmed their knowledge of the fact that they shall forfeit their right to cancellation if the broker has fulfilled the agreement.
Section 13: Term of the brokerage agreement
(1) The brokerage agreement is concluded for six months and shall end upon expiry of the six-month period without a notice of termination being required.
(2) This does not apply if the contracting parties have agreed a different term or if the circumstances indicate otherwise.
(3) The right to termination for good cause shall remain unaffected. In order to be effective, any notice of termination must be made in writing.
Section 14: Data protection
When collecting and processing customer data, the broker must observe the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BSDG). The customer consents to the collection of their data for the purpose of fulfilling the agreement; Further details regarding data collection, data storage and the rights of the data subject can be found in the broker's Privacy Policy, also available at: http://www.nr-immobilien-invest.de/datenschutz/.
The controller within the meaning of data protection regulations is:
NR Immobilien Invest GmbH, represented by Managing Director Mr Nick Reimann
Brentanostraße 10
12163 Berlin
The controller processes the personal data of the customers for the purpose of proper implementation and processing of the contractual relationship.
If the processing of personal data is necessary for the performance of an agreement to which the customer is a party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6 (1) (b) of the GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning the provider’s products or services.
The legal basis for this processing of personal data is Article 6 (1) (a), (b) and (f) of the GDPR.
The customer has the option of withdrawing this consent at any time with effect for the future by sending an email to mail@nr-immobilien-invest.de.
Further information on data protection and on how to exercise the rights of the data subject can be found at: http://www.nr-immobilien-invest.de/datenschutz/.
In the event of any queries, the customer can contact the controller, either by email to mail@nr-immobilien-invest.de, by phone on 0160/1261569 or using the contact form at available at: http://www.nr-immobilien-invest.de/kontakt/.
Section 15: Immediate enforceability
In the event of the successful conclusion of a purchase agreement, the customer undertakes to include a clause in the respective agreement whereby they undertake to agree to immediate compulsory enforcement in favour of the broker in respect of all the customer’s assets in the amount of the commission, as specified in the notarial agreement.
Section 16: Other provisions
(1) The law of the Federal Republic of Germany shall apply exclusively.
(2) As far as permitted, the place of jurisdiction shall be Berlin. Berlin is also agreed as the place of jurisdiction if the customer is a consumer and does not have a general place of jurisdiction in Germany or if their domicile or place of habitual residence is relocated outside the territory of the Federal Republic of Germany after the order has been placed, or if their domicile or place of habitual residence is not known at the time the action is brought.
(3) Amendments and/or supplements to this agreement shall only be valid if made in writing. The foregoing shall also apply with respect to any departure from the written form requirement.
(4) No ancillary agreements to this agreement have been made. General terms and conditions of the customers shall not apply.
(5) Should individual provisions of this agreement be or become ineffective, either in whole or in part, this shall not affect the validity of the remaining provisions. However, the parties undertake to replace the ineffective provision with one that comes as close as possible to the economic intention of the respective ineffective provision. The same shall apply in the event of any contractual loopholes.