All offers non-binding and subject to prior sale
All offers are subject to change and without obligation. Errors excepted, subject to prior sale or rental.
1. Non-Disclosure Agreement
All information, including property details, provided by Carat Immobilien GmbH is intended solely for the customer. The customer is prohibited from disclosing property details and information to third parties without the prior written consent of Carat Immobilien GmbH. Where the customer violates this obligation and a third party or other persons to whom the third party has disclosed the information then concludes the main contract, the customer shall be obliged to pay Carat Immobilien GmbH the agreed commission plus the applicable value-added tax.
2. Dual Agency
Carat Immobilien GmbH may act as a commission-paid agent for both the seller/lessor and the buyer.
3. Owner Information
Carat Immobilien GmbH states that the property information it provides originates from the seller/lessor or a third party and has not been verified by the agency in terms of their accuracy or completeness.
4. Data Protection
All personal and property-related data will be used exclusively by Carat Immobilien GmbH for processing of the order. The client consents to the disclosure of data to third parties where necessary for fulfilment of the order. No other data disclosure will occur. Please contact our office to obtain access to your stored contact details and to correct or delete them if necessary.
5. Entitlement to Commission on Sale
On conclusion of a contract enabled by our evidenced details or agency, the local market commission shall become due unless otherwise agreed.
6. Commission Rates
Unless otherwise stated in the offer or expressly agreed otherwise, the following commission rates shall apply to the successful use of the agent's services provided by CARAT Immobilien GmbH, hereinafter referred to as the contractor, for the purchase and sale of real estate, participations, companies and similar transactions by the contracting party, hereinafter referred to as the "client":
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5.80% including VAT of the purchase price for properties up to €10 million on conclusion of a notarial purchase agreement.
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4.64% including VAT of the purchase price for properties from €10 million to €20 million on conclusion of a notarial purchase agreement.
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3.48% including VAT of the purchase price for properties above €20 million on conclusion of a notarial purchase agreement.
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3.48% including VAT of the tenfold average annual rent on conclusion of a lease or management contract.
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3.48 net monthly rents including VAT (or the contract value) on conclusion of a commercial lease agreement.
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2.32 net monthly rents including VAT (or the contract value) on conclusion of a residential lease agreement.
​All commission rates include the currently applicable statutory value-added tax. The purchase price is the sum of all benefits plus assumed liabilities. For pension benefits, their cash value is deemed to be the purchase price.
7. Limitation of Liability
In cases of slight negligence, our liability and that of our agents shall be limited to foreseeable damages that are typical of the contract. Neither we nor our agents are liable for slightly negligent breaches of minor obligations which do not endanger performance of the contract. A major obligation is one whose fulfilment is essential for proper execution of the contract and on whose observance the buyer may ordinarily rely. Our liability under the Product Liability Act or for warranty shall remain unaffected thereby. The limitation of liability furthermore does not apply to bodily injury and harm to health attributable to ourselves or in the event of loss of the customer’s life.
8. Insurance
Cover takes the form of standard consequential loss and employer’s liability insurance.
9. Legal venue
If the client is a merchant, legal entity under public law or public special fund, the place of performance for all obligations and claims arising from the contractual relationship is agreed to be legal venue of the registered office of Carat Immobilien GmbH.
10. Online Dispute Resolution according to Art. 14 (1) ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (ODR platform) out of court, accessible at http://ec.europa/odr. We declare that we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Severability
In the event that one or more provisions of these terms and conditions of business are or become invalid or unenforceable, the remaining provisions shall remain unaffected thereby, unless the removal of individual clauses would unreasonably disadvantage one party as to render adherence to the contract unacceptable for that party. Where the provisions do not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions.
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12. Obligation to Inform of Prior Knowledge
If the client is already aware of the opportunity evidenced by the contractor for the conclusion of a notarial main contract, the client must immediately inform the contractor in writing, indicating the source. Otherwise, the opportunity is considered to have been evidenced.
13. Granting of Power of Attorney
The client hereby grants the contractor, including after conclusion of the notarial purchase contract, power of attorney to inspect the contract, the land register, official files, in particular construction documentation.
14. Substitute and Subsequent Transactions
The client's obligation to pay commission according to the agreed commission rates also exists in the case of substitute and/or subsequent transactions. Such a case shall come about, for example, when the client, in conjunction with the activity carried out by the contractor, becomes aware of another and/or an additional opportunity for the conclusion of a main contract, which was provided by the contractor and evidenced by the contractor's potential main contracting partner, within two years after the evidence, or concludes the main contract with the legal successor of the potential main contracting partner for the evidenced opportunity, or acquires the evidenced property for purchase in lieu of renting or leasing it or vice versa. To give rise to the commission obligation for substitute transactions, it is not necessary that the transaction subject to commission is of the same economic value in terms of established case law regarding the definition of economic identity as the originally intended transaction.
15. Jurisdiction
If the client and contractor are merchants within the meaning of the German Commercial Code, the place of performance and legal venue for all obligations and claims ensuing from the contractual relationship shall be the registered office of the contractor. German law shall apply.