Terms and Conditions

1. Scope

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

2. Content, Copyright

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

(2) Unless otherwise indicated, all rights to the content of the Website and the exposés are held by the Broker. The client is prohibited from reproducing, distributing and/or publishing copyrighted content beyond the limits permitted by Sections 44a et seq. of the German Copyright Act (UrhG). This prohibition applies regardless of the form of reproduction, distribution and/or publication and explicitly includes the integration of copyrighted content for direct access (so-called embedded content).

3. Commission

(1) For providing evidence of an opportunity to conclude a purchase or lease agreement or for brokering such an agreement, the client undertakes to pay a commission to the Broker. For purchase agreements, the commission amounts to 7.14% of the purchase price including statutory VAT; for lease agreements, it amounts to twice the net cold rent (each plus statutory VAT), unless otherwise stated in the following provisions or in the exposé provided by the Broker.

(2) If the client is a prospective tenant to whom an opportunity to conclude a residential lease has been provided or brokered, the client shall not be obliged to pay a commission in deviation from paragraph 1, unless the Broker has obtained the mandate to offer the apartment exclusively on the basis of the brokerage agreement with the client.

(3) If the client is a consumer and the brokerage agreement concerns the provision of evidence of an opportunity to conclude a purchase agreement for an apartment or a single-family house, the commission shall, in deviation from paragraph 1, amount to 3.57% of the purchase price including statutory VAT, unless otherwise stated in the exposé provided by the Broker.

(4) The purchase price shall be understood as the agreed purchase price plus the value of any encumbrances assumed by the buyer that reduce the purchase price (e.g. a registered right of residence).

(5) The commission becomes due upon conclusion of the purchase agreement or main contract, without the need for a separate invoice.

(6) If a property is advertised by us as “commission-free” for the buyer, we have been commissioned by the seller and no brokerage agreement within the meaning of Section 652 of the German Civil Code (BGB) is concluded between us and the client. In this case, the client is not obliged to pay a commission. Notwithstanding this, these Terms and Conditions shall also apply to the legal relationship between the Broker and the client.

4. Non-Disclosure / Non-Disclosure Obligation

(1) The client undertakes not to use or disclose to third parties any offers, information or exposés provided by the Broker without the Broker’s prior written consent.

(2) For each culpable breach of the obligation pursuant to Section 4 (1), the client shall pay a contractual penalty to the Broker in the amount of the lost commission in accordance with Section 3 (1) of these Terms and Conditions, provided that a purchase or main contract is concluded between the third party and the owner without the involvement of the Broker. Section 3 (1) shall apply accordingly for calculating the commission.

(3) The above non-disclosure obligation shall continue to apply even after termination of the contractual relationship.

5. Client Data

The client warrants that the information provided is accurate and complete.

6. Dual Agency

The Broker is entitled to act on behalf of both the owner and the client.

7. Liability

(1) The Broker assumes no liability for the accuracy or completeness of the offers presented on the Website or in the exposés. Where third-party content (such as videos or images) is integrated and marked as such, the Broker assumes no responsibility for the accuracy and/or legality of such content. Notwithstanding the above, the Broker shall be liable for the careful and professional performance of its contractual services and their freedom from defects.

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

(3) Limitation of liability: In all other cases of slight negligence, the Broker shall only be liable
– for the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the client may regularly rely (cardinal obligation), and
– limited in amount to the foreseeable, typical damage at the time of conclusion of the contract.

(4) This limitation of liability shall also apply in favour of the Broker’s agents and vicarious agents.

8. Final Provisions

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

(2) These Terms and Conditions shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

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

(4) The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Berlin, April 2026