Terms and Conditions of Use

1. SCOPE

These General Terms and Conditions of Contract and Use govern the use of the online services provided by David Borck Immobiliengesellschaft mbH, Schlüterstr. 45, 10707 Berlin (hereinafter referred to as the “Broker”) at www.david-borck.de (hereinafter referred to as the “Website”) and the contractual relationship between the Broker and its customers.

2. CONTENT, COPYRIGHT

(1) The property listings on the Website and in the property brochures are based on information and data provided by the property owner or other third parties and are not verified by the Broker. All property listings are subject to change and are non-binding.

(2) Unless otherwise indicated, all rights to the content of the Website and the property brochures are held by the Broker. The Customer is prohibited from reproducing, distributing and/or publishing copyright-protected content except to the extent permitted by the statutory limitations set out in Sections 44a et seq. of the German Copyright Act (Urheberrechtsgesetz – UrhG). This prohibition applies irrespective of the form in which such reproduction, distribution and/or publication takes place and expressly includes the incorporation of copyright-protected content for direct retrieval (“embedded content”).

3. COMMISSION

(1) In consideration of the Broker introducing the opportunity to enter into a purchase or lease agreement or brokering such an agreement, the Customer undertakes to pay a commission to the Broker. In the case of purchase agreements, the commission amounts to 7.14% of the purchase price, including statutory VAT. In the case of lease agreements, the commission amounts to two times the monthly net rent exclusive of heating and other ancillary costs, plus statutory VAT, unless otherwise provided for in the following paragraphs or in the property brochure provided by the Broker.

(2) Where the Customer is a prospective residential tenant to whom the opportunity to enter into a residential lease agreement has been introduced or for whom such an agreement has been brokered, the Customer shall, by way of derogation from paragraph (1), not be obliged to pay a commission unless the Broker, solely on the basis of the brokerage agreement with the Customer, obtains an instruction from the landlord or another authorised party to offer the residential property.

(3) Where the Customer is a consumer and the brokerage agreement concerns the introduction of an opportunity to enter into a purchase agreement for an apartment or a single-family house, the commission shall, by way of derogation from paragraph (1), amount to only 3.57% of the purchase price, including statutory VAT, unless otherwise stated in the property brochure provided by the Broker.

(4) For the purposes of these Terms and Conditions, the purchase price shall mean the agreed purchase price plus the value of any encumbrances or obligations assumed by the purchaser which have the effect of reducing the purchase price, such as a registered right of residence.

(5) The commission shall become due upon conclusion of the purchase agreement or other principal agreement without the need for a separate invoice.

(6) Where a property is advertised by us as “commission-free for the buyer”, we have been instructed by the seller and no brokerage agreement within the meaning of Section 652 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) shall be concluded between us and the Customer. In such cases, the Customer shall have no obligation to pay a commission. Notwithstanding the foregoing, these General Terms and Conditions of Contract and Use shall also apply to the legal relationship between the Broker and the Customer in such cases.

4. PROHIBITION ON DISCLOSURE TO THIRD PARTIES

(1) The Customer undertakes not to use or disclose to third parties, or otherwise provide third parties with, any property listings, information or property brochures supplied to the Customer by the Broker without the Broker’s prior written consent.

(2) For each culpable breach of the obligation set out in Section 4(1) of these General Terms and Conditions of Contract and Use, the Customer shall, in the event that a purchase agreement or other principal agreement is concluded, pay the Broker a contractual penalty equal to the commission lost in accordance with Section 3(1) of these General Terms and Conditions of Contract and Use, provided that, as a result of such breach, a purchase agreement or other principal agreement is concluded between the third party and the property owner without the involvement of the Broker. Section 3(1) of these General Terms and Conditions of Contract and Use shall apply accordingly for the purpose of calculating the commission.

(3) The above prohibition on disclosure shall continue to apply after termination of the contractual relationship.

5. CUSTOMER DATA

The Customer warrants that all information provided by the Customer is accurate and complete.

6. ACTING FOR BOTH PARTIES

The Broker shall be entitled to act for both the property owner and the Customer.

7. LIABILITY

(1) The Broker shall not be liable for the accuracy or completeness of the property listings provided on the Website or in the property brochures. Where third-party content, including videos or images, is incorporated into the Website and/or the property brochures and identified as such, the Broker assumes no responsibility for the accuracy and/or legality of such content. Notwithstanding the foregoing, the Broker shall be liable for the due, diligent and professional performance of its contractual services and for such services being free from defects.

(2) Unlimited Liability: The Broker shall be liable for intent and gross negligence. In the event of slight negligence, the Broker shall be liable for damages arising from injury to life, body or health.

(3) Limitation of Liability: In all other cases of slight negligence, the Broker shall be liable only

– in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely (a “cardinal obligation”); and

– only up to the amount of damages that were foreseeable at the time the contract was concluded and are typical for this type of contract.

(4) This limitation of liability shall also apply for the benefit of the Broker’s vicarious agents.

8. FINAL PROVISIONS

(1) Should any provision of these General Terms and Conditions of Contract and Use be or become invalid, the validity of the remaining provisions shall remain unaffected.

(2) These Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) Where the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction for all disputes arising out of or in connection with these Terms and Conditions.

(4) [Updated version for use from 20 July 2025 onwards]
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer conciliation body.

Berlin, January 2021