Unless otherwise specified in the exposé or by an individual agreement in text form, the following regulations apply to our activities.
The Company is entitled to a commission in the amount stipulated in Section 3 upon conclusion of the main contract for the proof or brokerage of a rental, purchase, lease, company share or heritable building right contract as well as economically equivalent contracts (hereinafter also referred to as the "main contract") relating to the property or area described in the exposé. The claim shall also arise if the initially intended but comparable contract is not concluded by the Company's verification or brokerage activities with which the intended economic success is achieved.
The following commission rates apply including the value added tax valid at the time of the contract.
a) When acquiring a property/land or parts thereof that has been verified or brokered by the Company, the Company shall charge the usual verification or brokerage commission of 3.57% of the purchase price plus any liabilities of the seller or the acquired company assumed by the buyer. In addition to the acquisition of the property (asset deal), the acquisition of rights to the property or the acquisition of shares in the company holding the property (share deal) is also considered a purchase.
b) If a purchase agreement is concluded with a buyer who has been verified or brokered by the Company, the Company shall charge the usual verification or brokerage commission of 3.57% of the sales price plus any liabilities of the seller or the acquired company assumed by the buyer. In addition to the acquisition of the property (asset deal), the acquisition of rights to the property or the acquisition of shares in the company holding the property (share deal) is also considered a purchase.
a) If space or parts thereof are rented in a property that the Company has verified or brokered, it shall charge the tenant/leaseholder the usual verification or brokerage commission. This amounts to 3.57% of the contract value, but at least two net monthly rents (average during the minimum term), plus - if applicable - 1.785 % of the contract value of an agreed extension option.
The contract value is calculated from the net rent (basic rent excluding ancillary costs and VAT) for the entire agreed term for all rented components (rented space, storage space, fixtures, parking spaces, etc.). For any rent-free periods agreed, the agreed monthly net rent (average during the minimum term) shall also apply for the calculation of commission for the period agreed as rent-free.
In the case of agreements on payments of distance, redemption or purchase price to the lessor or other third parties (e.g. for rights and claims, fixtures, inventory, goods), an additional commission of 3.57% shall be payable from the agreed payment amounts.
b) In the event of the Company proving or procuring a tenant in this property, it shall invoice the usual proof or procurement commission in the amount of two net monthly rents (average during the minimum term).
In the case of agreements on compensation, redemption or purchase price payments to the landlord or other third parties (e.g. for rights and claims, fixtures, inventory, goods), an additional commission of 3.57% of the agreed payment amounts is due.
In the course of implementing a special solution (e.g. a project development, investor model, sale-and-lease-back model, real estate leasing model or any other business model) with or on the offered properties/real estate, the amount of the commission for each party is 3.57% from the contract value. The contract value is calculated from the net usage fee for the entire term, but is at least two net monthly rents (average during the minimum term).
The Company may act on behalf of both the buyer or tenant and the seller or lessor and charge each party to the contract the commission due in each case.
The Company is also expressly permitted to commission further brokers with the sub-brokerage or to agree on a joint transaction and in this connection to pay a part of the commission to the brokers involved.
The claim for commission is due upon conclusion of the main contract and payable within 14 days of invoicing, unless otherwise agreed.
If the offer evidenced by the Company is already known, the Company shall be informed immediately, but at the latest within 7 calendar days, and the source shall be named.
a) The client undertakes to inform the company immediately after conclusion of the main contract (e.g. purchase, rental, lease contract) and to send a copy of the contract to the company.
b) If the intention to enter into a contract is waived, the client is obliged to inform the company immediately and in writing.
The information contained in exposés, property documents or the like is based on information provided to the company by the owner or a third party commissioned by the owner. Therefore, the company cannot assume any liability for the correctness, completeness and topicality. Unless expressly designated as such, the exposé contains no assurance or guarantee. This also applies to other information that is communicated to the recipient orally or in text form.
With the exception of the breach of its material contractual obligations, the Company shall only be liable for intent and gross negligence. In the event of a breach of a material contractual obligation caused by slight negligence, its liability is limited to such typical damages that it could reasonably have expected to occur under the circumstances known to it at the time the contract was concluded. Liability for loss of profit is excluded.
In the event of culpable injury to life, body or health, as well as for the absence of guaranteed properties, the Company shall be liable in accordance with the statutory provisions.
Insofar as liability claims against the Company are excluded or limited, this also applies with regard to the personal liability of the Company's legal representatives, employees and vicarious agents.
a) The submitted exposé and all information provided by the Company are confidential and exclusively intended for the use of the specific addressee and may not be disclosed to third parties. If a contract is concluded with a third party as a result of a, even partial, disclosure, a lump-sum claim for damages against the addressee of the Exposé shall arise in the amount of the agreed commission. The addressee is free to prove that no or only minor damage has been caused.
b) Conduct of the customer in breach of contract, which prevents the possible emergence of a commission claim, entitles us to reimbursement of the material expenditure against individual proof.
The company participates in the dispute resolution procedure of the consumer arbitration board "Ombudsmann Immobilien im Immobilienverband Deutschland IVD" (www.ombudsmann-immobilien.net). There, consumers have the opportunity to call on the ombudsman to resolve a dispute with the Company. Closer regulates the "Rules of procedure for the arbitration of consumer complaints against members of the real estate federation Germany IVD Federal association of the real estate consultants, brokers, managers and experts registered association", which is made available when desired or in the Internet under www.ombudsmann-immobilien.net callably is. The complaint is to be addressed in text form (e.g. by letter, fax or e-mail) to
Ombudsmann Immobilien im Immobilienverband Deutschland IVD
Bundesverband der Immobilienberater, Makler, Verwalter und Sachverständigen e.V.
- Ombudsstelle -
Littenstraße 10, 10179 Berlin
Fax: 030 / 27 57 26 78
e-mail: info@ombudsmann-immobilien.net
a) Changes, additions, cancellation and termination of the GTC or the contract must be in text form to be valid.
b) Place of performance and jurisdiction for registered traders is Stuttgart, if the Stuttgart location is mentioned in the exposé as contact address, or Munich, if the Munich location is mentioned in the exposé as contact address.
c) German law shall apply to the business relationship between the customer and us.
d) In cases of doubt, only the German version of the agreements shall be binding, also for questions of interpretation of the contract.
