1. Offers
Our offers are based on the information provided to us. The offers are made to the best of our knowledge and belief. They are subject to change and are noncommittal. Errors and interim leases or sales remain reserved. We do not assume any liability for the correctness of the information regarding buildings, plots, dwellings, etc., or for their true or legal nature. Liability for wilful actions and gross negligence are excluded from this disclaimer.
2. Passing on of information and documents
Our offers and communications are intended only for the recipient him or herself, are to be treated confidentially, and may not be made accessible to third parties. If, as a result of unauthorised or authorised disclosure, a contract is concluded with such third parties, this shall also result in us having a claim to a commission, in the full amount.
3. Prior knowledge
If the recipient is already aware of an opportunity to conclude a contract for the contracts with graduated rent referred by us, he or she is obliged to inform us of this immediately.
4. Entitlement to commission
Our entitlement to a commission arises as soon as a contract for the property identified by us is concluded on the basis of referrals and brokerage services provided by us. Co-causality is also sufficient here. In the event that the contract is concluded on different terms than the ones agreed upon originally, or if the contract is made for a different property of the contracting party we made the referral for, this shall not affect our entitlement to a commission as long as the transacted deal is economically identical to the transaction offered by us, or only departs insignificantly from the deal offered in terms of its economic result. The same holds true in the event that a contract other than the one originally intended is concluded (e.g. a purchase instead of rental, heritable building right instead of a purchase).
Our claim to commission remains intact if the client initially shows no interest but later concludes the principal contract after all. Our claim to commission also remains intact if the principal contract that is concluded is later cancelled, contested by the client’s contractual partner, or turns out to be legally ineffective for reasons for which we are not responsible.
5. Follow-up business
We shall also be entitled to a commission claim if further contractual agreements come about within the same time frame and economic context of the first contract brokered or referred by us.
6. Due date of the commission
Our commission shall be due upon conclusion of the principal contract and is payable immediately after invoicing, without any deductions.
7. Commission rates
The commission rates listed below are agreed between you and us when the brokerage contract is concluded.
a) Purchase
When property is bought or sold, calculated at 5% of the total purchase price achieved and of all related ancillary services, from the buyer.
b) Heritable building right
In the event that heritable building rights are provided or transferred, calculated at 5% of the ground rent due for the entire duration of the contract, payable by the purchaser of the heritable building right.
c) Purchase option and pre-emptive right
If purchase and pre-emptive rights are agreed, calculated at 1% of the sales or market value of the property, from the beneficiary.
d) Renting and leasing
– For rental contracts, 3 x the net monthly rent from the tenant.
– For leases with graduated rent, the basis for the calculation is the average monthly rent for the duration of the contract. Periods that are agreed as exempt from rent are generally not taken into account.
e) Sales of businesses and companies
For purchases and sales of companies, shares, goods, expertise and objects, the commission is 5% of the total price.
The above-mentioned commission rates are all subject to additional VAT at the statutory rate.
8. Acting on behalf of third parties
We are entitled to also act on behalf of the other party to the contract, either against payment or free of charge.
9. Negotiation and conclusion of contracts
If, as a result of our referral and/or brokerage activities, direct negotiations are commenced with the party named by us, reference must be made to our activities. We shall be entitled to be present when the contract is concluded. The date must be communicated to us in good time. The client must provide us with a copy of the principal contract and all associated attachments no later than 14 days after conclusion of the principal contract.
10. Ancillary agreements & power of attorney
All ancillary agreements must be made in writing. This applies in particular to the commission rates mentioned under point 7. Employees of our company are not authorised to negotiate/agree brokerage fees.
11. Place of jurisdiction and place of fulfilment
The place of fulfilment for the obligations of both parties is the registered office of our company. The place of jurisdiction for all disputes arising in relation to the brokerage contract is the registered office of our company if the client is a registered trader or does not have a general place of jurisdiction in Germany.
