Terms and conditions of the Michael Heinze Real Estate
With the requirement of the exposés in the knowledge of our commission expectation, a commissionable brokerage contract is concluded between the receiver (broker) and the Michael Heinze real estate about the offered object, which is part of these terms and conditions, which are hereby recognized by the broker’s client.
2. Confidentiality / Prohibition
The offers and information provided by Michael Heinze Immobilien, in particular exposés and their contents, are confidential and intended only for the respective recipient. A transfer to third parties is prohibited without the express consent of Michael Heinze Immobilien, which must be given in writing beforehand. If the brokerage agent violates this obligation and the third party or another person to whom the third party has passed on the information, the principal contractor, who would be required to pay the contract in accordance with these terms, commits himself to the payment of a compensation in the amount of the commission on the basis of these conditions. Proof that a lower or no damage has occurred is reserved for the broker’s client. Any further claims for damages of the Michael Heinze real estate due to unauthorized disclosure of information remain unaffected.
The offers of the Michael Heinze real estate are free and without obligation. Errors and interim rentals are reserved. The information given to us is based on the information and information given to us, in particular the seller / landlord. Michael Heinze Immobilien is not responsible for their correctness and completeness. It is therefore up to the customer to check the object information and information for their correctness. Liability for the accuracy and / or completeness of this information is only accepted in case of intentional or grossly negligent behavior.
4. Formation of the claim for commission
The announcement (= proof) of the object address and / or of the provider takes place with explicit reference to the commission request of the Michael Heinze real estate in case of the purchase or the renting.
The demand for commission of the Michael Heinze real estate is created as soon as a main contract has been concluded with regard to the named object due to the proof and / or placement of the Michael Heinze real estate. The co-operation of the broker’s activity is sufficient. If the main agreement is concluded on terms other than those originally offered or if it is concluded by means of another object of the contract partner established by Michael Heinze Immobilien, this shall not affect the commission claim of Michael Heinze Immobilien as long as the business concluded with the offered transaction is economically identical or deviates only insignificantly from the offered transaction in its commercial success. The commission requirement is thus created especially in the case of purchase instead of rent, acquisition of company shares instead of objects and vice versa, hereditary building right instead of purchase as well as exchange instead of purchase or rent.
5. Maturity of the Provisions claim
The commission claim is due upon conclusion of the purchase contract / lease. The commission is payable according to the accounting department. Michael Heinze Immobilien has the right to be present at the conclusion of the main contract. If the main contract is concluded without the participation of the Michael Heinze real estate, the customer is obligated to inform the Michael Heinze real estate without delay of the essential content of the main contract and the assessment basis of the commission claim.
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 amounts to 6.25% of the economic purchase price or 3.57 monthly rent tenant’s commission for commercial properties. All indicated prices are endprices. Due to the use of §19 (1) UStG, we do not charge VAT and therefore do not rule it out. The commission is thus without deduction of the currently valid VAT. in full to the company Michael Heinze real estate.
7. Double action
The Michael Heinze real estate is entitled to act also for the other part of the contract (seller / landlord) against payment or free of charge. In case of double-action, we are obliged to be impartial.
8. Previous knowledge
If the customer is already aware of the object offered by Michael Heinze Immobilien, he shall inform the client immediately, at the latest within 3 calendar days, and upon request of the Michael Heinze real estate. If the customer fails to provide this information, he has to compensate Michael Heinze Immobilien for all expenses incurred by Michael Heinze Immobilien as a result of the fact that the prior knowledge is not or delayed.
9. Limitation of liability
Liability for negligent behavior of Michael Heinze Immobilien, its legal representatives or vicarious agents is excluded. This does not apply to the extent that the damage is caused by injury to life, body or health or is due to a breach of a fundamental contractual obligation (cardinal obligation) or the absence of certain properties guaranteed by the Michael Heinze real estate.
10. Place of Performance and Jurisdiction
Place of performance and jurisdiction for full-time merchants is Elmshorn.
11. Severability clause
Should one or more of the above provisions be invalid, the effectiveness of the remaining provisions shall not be affected. This also applies if one part is ineffective within one regulation, but another part is effective. The respective ineffective provision shall be replaced by a provision which is closest to the economic interests of the contracting parties and which does not conflict with the contractual agreements.
12. Revocation right
You have the right to revoke this contract within a period of fourteen days without giving reasons. The revocation period is 14 days after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information requirements according to Article 246 of the German Civil Code.
In order to exercise your right of revocation, you must inform us of your decision to revoke this agreement by means of a clear statement (eg a letter, fax or e-mail sent by mail). The revocation must be sent to: Michael Heinze Immobilien, Barmstedter Str.7, 25485 Hemdingen. For revocation, you can use the following text: “I hereby revoke the distribution agreement from …”. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
If you revoke this agreement, we shall have to repay you without delay and at the latest within 14 days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.
If you have requested that the services be commenced during the period of revocation, you shall pay us a reasonable amount corresponding to the share already provided by the time you inform us of the exercise of the right of revocation with respect to this Agreement compared to the total scope of the services provided for in the contract.
If proof of the opportunity to conclude a contract or to arrange a contract is provided, this corresponds to the total scope of the service. You are aware that your right of revocation expires if we have provided the service in full and have only begun with the execution of the service after you have given your express consent and at the same time confirmed your knowledge of your right of revocation by us to lose.