General terms and conditions of business
Lima Invest Real Estate GmbH
These General Terms and Conditions of Business form the basis for the provision of the brokerage services of Lima Invest Real estate GmbH - unless otherwise agreed in individual cases - and are an integral part of every brokerage contract to the exclusion of any General Terms and Conditions of Business of the client.
1. Our offers are based on the information provided to us by the property owner or seller or landlord or by other persons providing information. We do not vouch for the correctness and completeness. Our offers are subject to change and non-binding. We reserve the right to make changes, errors and other sales/rentals. Any illustrations and drawings may only be similar and/or not to scale. Exposés serve exclusively as advance information. The offer does not extend beyond the content of a subsequent purchase or rental contract.
2. our proofs are subject to change, intermediate sales or dispositions are reserved. Contact with the seller is always established via Lima Invest Real estate. Lima Invest Real estate GmbH is to be informed of the result of any subsequent direct negotiations.
3. This offer is intended only for the recipient. Where the contract is concluded by economically or legally linked companies or persons or members of the family of the tenderer, the transfer is presumed to have taken place. A direct claim to commission also arises here. This also arises if the contract is concluded under conditions that deviate from the offer or if and insofar as contractual extensions and additions are made in a temporal and economic connection with an initial contract.
4. the entitlement to commission remains in force if the contract that has come into being expires due to conditions that have been resolved. The same shall apply if the contract is terminated due to a reservation of withdrawal by the offeree or is cancelled or not fulfilled for other reasons for which the offeree is responsible. If the contract is successfully contested, the recipient of the offer is obliged to pay damages if he has set the reason for contestation.
5. The recipient is obliged to notify us immediately in writing if the object is known to him. If this does not happen within 3 working days, the recipient will accept our proof and, in the case of purchase, granting of a right of first refusal or letting, our commission claim. The mere reference to previous knowledge is NOT sufficient here. The commission shall also be deemed to have been agreed in particular in the event of the object being taken over by way of a forced sale or auction or in the event of a takeover due to bankruptcy.
6. the commission is in all cases payable by the buyer or acquirer of the right or tenant or lessee and is not included in the price Unless otherwise stated or agreed in writing, it shall in all cases be 5% of the sales price plus any statutory tax that may be applicable. If a right of first refusal, right of purchase, heritable building right, rent or lease is granted, the customary local rates shall be deemed agreed. In the case of brokerage of a management contract, the commission owed by the exposé recipient is 2/12 of the annual turnover calculated by the manager in the stabilized 4th year plus any statutory tax that may be applicable.
7. the commission obligation shall also apply in particular to the brokerage of investments in or the acquisition of companies which are the owners of the property or project which we have verified. The commission in this case also amounts to 5% of the property value, which is shown in the exposé of Lima Invest Immobilien GmbH.
8. in the event that a joint transaction has been agreed with the recipient and no special agreement has been made with the recipient regarding half of the commission, the recipient is only entitled to half of the commission if he can prove that he is one of the parties to the contract to which the joint transaction is directed and actively accompanies this party until the conclusion of the contract In the case of a joint transaction, the recipient is obliged to procure all legally or contractually required proof and information necessary for the joint transaction (e.g. the energy certificate in accordance with §17 Paragraph 1 Sentence 1 EnEV). If, in the case of a joint transaction, the collection of the fee is only possible with the assistance of a lawyer or only through legal action, the parties shall assist each other, in particular by providing the necessary documents and other evidence. The costs of collection in accordance with sentence 1 shall be shared in proportion to the agreed fee rate. If the party entitled to claim refuses to avail itself of legal assistance or to take legal action, it shall be obliged to assign the entire fee claim to the other party at the latter's request, simultaneously waiving its participation, and to hand over the documents and evidence. Upon assignment, the assigning party shall be released from all obligations to the other party arising from the fee share agreed in the joint business.
9. if other contracts are concluded for objects named by us- regardless of the type of contract - in particular such contracts which provide the recipient of the offer with the economic power of disposal or use of the object, the transaction is in any case subject to commission.
10. if the recipient of this offer contacts the seller or his authorized representative, our company must be named. Our company must be consulted at the latest upon conclusion of the purchase contract.
11. we are permitted to work for the other party to the contract.
12. Deviating agreements shall only apply if confirmed in writing. Place of performance and jurisdiction is Hamburg.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). The revocation is to be addressed to: Lima Invest Immobilien GmbH, Am Kaiserkai 69, 20457 Hamburg. You can use the following text for a revocation: "I hereby revoke the sales agreement of ...". To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within 14 days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
If the proof of the opportunity to conclude a contract or for the mediation of a contract has been provided, this corresponds to the total scope of the service. You are aware that your right of withdrawal expires if we have provided the service in full and have only started to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal when we have provided the service in full.