1. Any request for our (also oral) offers constitutes a firm order / brokerage contract. Any use of our offers or use of or acquiescence to the provision of our services expressly includes the acknowledgement of the following terms and conditions and commission rates.
2. Our information on objects or prospects (proven opportunities) and procured information is exclusively addressed to the recipient / principal and must be treated confidential. Disclosure to third parties – including advisors – is only permitted with our prior consent. The full commission – based on our general rates – is also payable to us in the event our information on objects or prospects (proven opportunities) and our procured information is passed on to third parties and these third parties conclude the main contract without our involvement and also in the event if our client concludes the main contract not as the sole contracting party but jointly with other contracting parties.
3. Known offers / business opportunities must be rejected. Our information on objects or prospects (proven opportunities) is considered to be unknown, if the recipient does not promptly (within three (3) days) notify us of its prior knowledge and objects to the information provided by us. Source and date of this prior knowledge must be provided.
4. Our broker commission is earned and due with the conclusion of a contract concerning the subject matter of the brokerage contract (conclusion of a contract). The subject matter of the brokerage contract may be: a rent, lease, leasing, purchase, option, hereditary building right or annuity agreement or contract, or conclusion of a contract by way of auction and other agreement types. The contract or agreement type is irrelevant. Our claim to broker commission is exclusively based on the opportunity to conclude a contract. Conclusion and terms of the contract must be provided to us.
5. Information provided by us is based on information we receive from third parties. We are not liable for the accuracy and completeness of information we pass on to you. Information provided by us is without any obligation. We reserve the right to Interim conclusion of a contract, interim sale, lease or rent. Information is subject to omissions and errors.
6. Side agreements require the written form to be effective. Amendments to this written form clause require the written form.
7. Place of performance and place of jurisdiction, including for disputes concerning reminders, is Frankfurt to the extent permitted by law.
8. Applicable statutory VAT is payable in addition to our contingency commissions below that are to be paid by lessees / purchasers / leaseholders / users / beneficiaries. Our contingency commission for information on objects or prospects (proven opportunities) or the successful negotiation of a contract with a third party applies as follows:
Sale of real estate according to the following schedule:
(real property, buildings / premises, condominiums, commercial or industrial objects, capital investments etc.) the purchaser is obligated to pay the following commission percentages of the contracted total purchase price, including all services:
- Purchase price total up to € 5,000,000:
5 % plus statutory VAT
- Purchase price total of € 5,000,000 and up to € 10,000,000:
4 % plus statutory VAT
- Purchase price total exceeding € 10,000,000:
3 % plus statutory VAT
At a minimum, however, € 3,000 net.
- Sale of businesses and enterprises:
In the case of purchases and sales of enterprises, participations, goods, expertise or objects, the purchaser is obligated to pay 5 % plus statutory VAT of the total purchase price.
- In the case of compulsory auctions:
Of the total expenses, including existing rights of the auction buyer, 5 % plus statutory VAT.
- In the case of renting of housing space:
Twice the lessee’s monthly net rent.
- Commercial letting (rent, lease, leasing contracts and similar contracts for office space, stores, halls and similar)
three monthly rental payments of the party occupying the rented space.
9. In the case of default, we reserve the right to charge interest at a rate of 8 %.