General Terms and Conditions of Lima Immobilien e.K.
These general terms and conditions are - unless otherwise agreed in individual cases - the basis for the provision of the brokerage of real estate Lima Immobilien e.K. and are to the exclusion of any general terms and conditions of the client part of every brokerage contract.
Conclusion of contract, duration, activity also for the other party
The effective conclusion of a brokerage contract does not require any form. It is concluded either with the express declaration of both parties (offer and acceptance) or implied with the use of our services subject to commission. If here or in other agreements or documents something else is not noticeably meant, the broker's commission or broker's fee is also referred to as (broker's) fee. You shall only pay the commission stated in each case if a contract for the property is concluded, even if we do not participate in the conclusion of the contract. You agree that we are also active for your contractual partner. The brokerage contract is for an unlimited period and may be terminated by either party at any time by termination, unless otherwise agreed. The obligation to pay remuneration for broker services rendered up to the termination of the brokerage contract remains unaffected by this if a fee claim arises on the basis of these services because a main contract is concluded. We shall also be entitled to work for the other contractual part of the main contract against payment or free of charge.
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 are not responsible for the correctness and completeness. Our offers are subject to change and non-binding. We reserve the right to make changes and errors or dispose otherwise. Any illustrations and drawings may only be similar and/or not true to scale. Exposés serve exclusively as preliminary information. The offer does not extend beyond the content of a subsequent purchase or rental contract.
Disclosure of information and documents
Our offers are only intended for the recipient of the offer (customer) himself and are to be treated confidentially by him, unless we have given our prior written consent. Any disclosure to third parties requires our prior written consent. The client shall also owe the fee if he appoints a third party, in particular a person legally or economically associated with him, as the principal contractual partner or if the client acts on behalf of or in the interest of a third party and the latter concludes a principal contract. In the event of unauthorised disclosure of information and/or documents to a third party who then for his part or for this purpose passes on information and/or documents, the client shall be obliged to compensate us for the loss in the amount of the lost fee.
We are entitled to call in other brokers to fulfil our brokerage contract and to provide them with the necessary information.
Should you no longer agree with the storage of your personal data or should these have become incorrect, we will, on your instructions, delete or block your data or make the necessary corrections. At your express request, you will of course receive information free of charge on all personal data that we have stored about you.
Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. 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 fulfilment of our information duties. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). The revocation is to be addressed to: Lima real estates e.K. Am Kaiserkai 69, 20457 Hamburg. For a revocation you can use the following text: "I hereby revoke the distribution agreement of ...". In order 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 revoke this contract, we shall repay you all payments which we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of Services provided in the Agreement.
If proof of the opportunity to conclude a contract or to broker a contract has been furnished, this corresponds to the total scope of the service. You are aware that your right of revocation expires when we have completely rendered the service and have only begun to perform the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation if we have completely fulfilled the premium.