6. Due Date of the Commission ClaimOur commission claim becomes due upon the conclusion of the main contract and is payable immediately upon invoicing, without any deductions.
7. Commission Rates
The commission rates listed below are agreed upon upon the execution of the brokerage agreement between you and us.
a) Purchase
: For the purchase and sale of real estate, 5% of the total purchase price paid by the buyer.
b) Leasehold rights
Upon the granting or transfer of leasehold rights, 5% of the ground rent attributable to the entire term of the contract, payable by the purchaser of the leasehold rights, shall be charged.
c) Right of First Refusal and Right of First Purchase
If rights of first refusal and first purchase are agreed upon, the beneficiary shall be charged 1% of the property’s sales value or market value.
d) Rental and Leasing
Contract Term
to 36 months 2 net monthly rents
37 to 60 months 3.0 net monthly rents
61 to 119 months 3,5 net monthly rents
120 or more net monthly rents 4.0 net monthly rents
For graduated rent agreements, the calculation is based on the average monthly rent over the term of the agreement.
Agreed rent-free periods are generally not taken into account.
e) Business and Company Sales
For the purchase and sale of companies, equity interests, goods, know-how, and other items, the commission is 5% of the total price.
f) Value-Added Tax
The commission rates listed above are exclusive of value-added tax at the rate prescribed by law.
8. Acting on Behalf of Third Parties
We are entitled to act on behalf of the other party to the contract, whether for a fee or free of charge.
9. Contract Negotiations and Conclusion
If direct negotiations are initiated with the party we have designated as a result of our referral and/or brokerage activities, reference must be made to our services. We are entitled to be present at the time the contract is concluded. We must be notified of the date in a timely manner. No later than 14 days after the conclusion of the main contract, the client must provide us with a copy of the main contract as well as all associated attachments.
10. Side Agreements & Power of Attorney
Any side agreements must be in writing. This applies in particular to the commission rates specified in Section 7. Employees of Jolas Consult GmbH & Co. KG are not authorized to negotiate or enter into agreements regarding commission.
11. Jurisdiction and Place of Performance
The place of performance for the mutual obligations is our company’s registered office. The place of jurisdiction for all disputes arising in connection with the brokerage agreement is our company’s registered office if the client is a registered merchant or does not have a general place of jurisdiction within Germany.