1.1. General terms and conditions of Neho GmbH, Hermann-Reichelt-Str. 3, 01109 Dresden, phone 032222001163, Fax ,e-mail [email protected] ("Neho" or "we") for prospective buyers ("GTC"), apply to the business relationship between Neho and the prospective buyer regarding the acquisition of a property marketed by Neho ("prospective buyer", or "you") in the version valid at the time of their acceptance.
1.2. Differing terms and conditions of the prospective buyer will not be recognized unless Neho expressly agrees to their validity in writing.
2.1. Neho operates an internet portal at the internet address www.Neho.de, on which Neho presents properties which Neho markets on the basis of corresponding brokerage contracts with the respective owners.
2.2. If a prospective buyer is interested in a specific property and then requests further information in relation to this property ("Contractual Property”) from Neho via the functions available on the Neho websites, he hereby concludes a commissionable brokerage contract with Neho. The prospective buyer will be explicitly informed of this in the course of his inquiry on the respective Neho website or in a corresponding e-mail.
2.3. Neho has fulfilled its obligation to perform under the brokerage contract if Neho has proven or brokered the contractual property and the corresponding seller to the prospective buyer.
3.1. Neho will present the prospective buyer with other properties that are suitable for him, provided that Neho is marketing properties that are comparable to the contractual property and these have the essential characteristics of the contractual property.
3.2. If Neho identifies one or more properties that Neho believes could be of interest to the prospective buyer, Neho will inform the prospective buyer of this using the contact details provided by the prospective buyer (e.g. email, telephone, etc.).
3.3. If the prospective buyer no longer wants information about other properties, he can inform Neho at any time. Neho will then immediately stop sending the information about other properties.
4.1. Neho is entitled to provide the brokerage services itself or through third parties. If Neho commissions third parties to provide the service, the prospective buyer will not incur any further costs or other onerous obligations.
4.2. Neho is entitled to work for both the seller and the prospective buyer for a fee.
4.3. Neho will immediately inform the prospective buyer to the best of its knowledge and belief of all circumstances that may be of importance to the prospective buyer in relation to the intended property purchase. Neho will inform the prospective buyer at regular intervals about the status of its efforts. In order to fulfill the aforementioned obligations, Neho will contact the prospective buyer itself or through a company affiliated with Neho (e.g. Strike) using the contact details provided by them (e.g. email, telephone, etc.).
4.4. Neho will carry out the brokerage contract with the diligence of a prudent businessman.
4.5. Neho will maintain secrecy with regard to the knowledge about the buyer obtained within the framework of this brokerage agreement.
4.6. Neho is entitled to be present when the contract is concluded and to receive a complete copy of the contract. If a contract is concluded without Neho being present, the contractual partner and the purchase price must be named and documented upon request. When selling a foreign property in accordance with the respective national legal provisions, the prospective buyer is only obliged to send Neho a complete copy of the contract.
4.7. Purchase price payments are not accepted by Neho. They are to be provided directly to the seller, including any additional services.
5.1. The prospective buyer must inform Neho immediately of all circumstances affecting the execution of the brokerage activity. This applies in particular with regard to the abandonment or change of intention to buy.
5.2. The prospective buyer is obliged to inform Neho immediately of the conclusion of a contract and to send Neho a complete copy of the contract upon first request.
5.3. The prospective buyer is obliged to include the commission agreement made with Neho in the purchase contract.
5.4. The prospective buyer is obliged to treat all information received as part of the brokerage contract confidentially. In particular, he may not pass this information on to third parties. If the prospective buyer violates this confidentiality obligation and the third party informed by him then concludes a contract for the object proven by Neho, the prospective buyer owes the commission as if he had concluded this contract himself.
6.1. The prospective buyer undertakes to pay Neho a commission of 1.75% (including VAT) of the purchase price when concluding a purchase contract for the contractual property. The commission is calculated from the purchase price plus any other services provided by the prospective buyer to the seller. The prerequisite is that the services go to the seller (e.g. assumption of land register encumbrances, payment for facilities, etc.). Neho's entitlement to commission is not affected by a subsequent reduction in the purchase price.
6.2. Neho's claim to commission is due upon conclusion of the fully effective purchase contract with the contractual partner verified or arranged by Neho. This also applies if the purchase contract is only concluded after the brokerage contract has ended, but as a result of Neho's activity.
6.3. The purchase of an immaterial or real share in the property or the granting of hereditary building rights and the like as well as the granting of company rights are also deemed to be commission-based main contracts if this corresponds to the economic purpose pursued by the prospective buyer with the acquisition of the property. The conclusion of a contract by a related person within the meaning of § 138 InsO.
6.4. The commission stated in the exposé includes VAT at the rate valid at the time the contract was concluded. In the event of changes in the statutory VAT rate, the commission increases or decreases accordingly.
6.5. Several prospective buyers are jointly and severally liable.
6.6. Neho is entitled to assign all claims from the brokerage contract concluded with the seller to third parties (e.g. factoring companies).
6.7. In any case, payments are to be offset according to Section 366 (2) BGB.
7.1. Unless the parties expressly agree otherwise, brokerage contracts are concluded for a period of six (6) months ("initial contract term"). During the initial contract period, the brokerage contract cannot be terminated ordinarily. After the initial contract term has expired, the term is extended by a further three (3) months, unless one of the parties terminates the contract by giving one (1) month's notice.
7.2. The notice of termination must be given in text form.
8.1. The prospective buyer will send Neho a copy of his identity card or passport (front and back).
8.2. The prospective buyer agrees that Neho stores data for the identification and verification of the identity of the prospective buyer for 5 years in accordance with the obligation under Section 2 (1) No. 14 of the Money Laundering Act. Neho assures that this data will not be used for any other purpose apart from identity verification.
8.3. The prospective buyer is obliged to inform Neho immediately of the existence of any co-buyers, so that Neho can also determine their identity.
9.1. When collecting and processing data from the client, Neho must observe the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BSDG).
9.2. For details, reference is made to Neho's data protection declaration, which can be accessed in printable form on the Neho website at any time in the footer via the "Data protection declaration" link.
10.1. All information provided to the prospective buyer by Neho regarding the respective property, in particular the seller data, is confidential and intended only for the prospective buyer. A transfer to third parties, in particular to companies that are economically or legally affiliated with the recipient, requires the consent of Neho.
10.2. If a main contract (purchase contract) is concluded as a result of unauthorized disclosure between the third party and the customer of Neho, the prospective buyer is obliged to pay a contractual penalty to Neho in the amount of the commission shown in the exposé.
11.1. Claims of the prospective buyer for damages are excluded - unless otherwise agreed at a later date. Excluded from this are claims for damages by the prospective buyer from injury to life, limb, health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Neho, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the prospective buyer may regularly rely, remains unaffected. In the case of a slightly negligent breach of these contractual obligations, Neho is only liable for the contractually typical, foreseeable damage, unless the prospective buyer is concerned with claims for damages resulting from injury to life, limb or health.
11.2. The liability regulations contained in Section 12.1 also apply in favor of the legal representatives and vicarious agents of Neho if claims are asserted directly against them.
11.3. The provisions of the Product Liability Act and the Federal Data Protection Act remain unaffected.
For out-of-court dispute resolution, arbitration proceedings can be initiated via the EU OS platform. The arbitration board can be reached via the link https://ec.europa.eu/consumers/odr/.
Neho takes part in an arbitration procedure under the Consumer Dispute Settlement Act. Responsible for the arbitration procedure: Ombudsman Real Estate IVD/VPB – Land Acquisition and Management, Littenstrasse 10, 10179 Berlin. Further information on the arbitration board (e.g. further communication data, rules of procedure) is available at https://www.ombudsmann-immobilien.net.
13.1. In business transactions with merchants or legal entities under public law, the place of jurisdiction for all disputes arising from contractual relationships between Neho and the prospective buyer is agreed to be Neho's registered office (Dresden). The same applies if the prospective buyer does not have a general place of jurisdiction in Germany or if he moves his domicile or usual place of residence abroad after the conclusion of this agreement or his domicile or usual place of residence is not known at the time the action is filed.
13.2. The brokerage contract and these terms and conditions are subject to the law of the Federal Republic of Germany. The application of the UN Sales Convention (CISG) is excluded.
13.3. This contract reflects all points and replaces all previous agreements. There are no verbal agreements. Changes, additions and termination must be in writing. Likewise, the cancellation or modification of the written form requirement must be in writing.
13.4. Should one or more clauses in these GTC be wholly or partially invalid, this does not affect the validity of the brokerage contract and the rest of the GTC. In this case, the ineffective clause is replaced by a clause that comes as close as possible to the economic intention of the parties. The parties are obliged to participate in a corresponding clarification of the contract text. The same applies to any gaps in these GTC.
You have the right to revoke this brokerage contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the brokerage contract was concluded.
In order to exercise your right of withdrawal, you must send us Neho GmbH, Hermann-Reichelt-Str. 3, 01109 Dresden, phone 032222001163, fax ,email: [email protected], by means of a clear statement (e.g. a letter sent by post , fax or email) about your decision to revoke this brokerage contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
If you revoke this brokerage contract, we have to pay you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this brokerage contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this brokerage contract compared to the total scope of services provided for in the brokerage agreement.
If you want to revoke the contract, please fill out this form and send it back to:
I/we* hereby revoke the brokerage contract concluded by me/us* with Neho GmbH for the brokerage of the following property: