Terms and conditions for real estate offers
For customers/business partner by sending, taking us negotiations or signature acknowledged and binding.
The client instructs the agent to verify the opportunity to conclude a contract or to negotiate with a willing contracting party.
(1) The agent commission
If no deviating regulation applies, the recipient/buyer with the first proof in the case of success is to be paid the following agent commission in addition of the valued-added tax:
5,0% on a purchase price of up to 8 Million €
4,0% for the proportionally higher purchase price of up to 12 million €
3,0% for the proportionally higher purchase price of up to 15 million €
2,5% for the proportionally higher purchase price of up to 30 million €
2,0% for the proportionally higher purchase price over 30 million €.
If there is an additional paying after successful renting for inventory, customer base or similar, there is also a commission obligation for sales on the mediated sum.
(2) An agent commission arises only upon conclusion of a contract.
The conclusion of a contract in the case of the acquisition of property or real estate is the certification of the purchase contract. If the payment deadlines are not adhered to, reminder- and arrears fees to the amount of 15,00 EUR levied.
§3 Prohibition of the transfer of data
(1) The agent has to deal confidentially with knowledge, in particular about the mandate objects and clients, as far as he receives knowledge in connection with this mandate. The transfer to other parties – including consultants – is only permitted with the written consent of the agent.
(2) If the customer passes on offer data, in particular about objects which were offered to him or potential buyer, to third parties, he violates his contractual obligations. If it comes to a conclusion of the contract on the basis of the transfer, the client is liable for damages in amount of the agreed commission, unless he can’t bring the evidence that nor or only a minor damage has occurred.
§4 Disclaimer for transmitted data for correct content
The agent points out that the liability for the correctness of the content of the transmitted data of the object is limited to gross negligence or willful item.
§5 Information requirements
(1) The client commits to refuse him previously known information about a mandate object within 5 days and to inform the agent how and when he has obtained the knowledge in advance.
(2) After successful evidence or successful agency, the client shall refer to the agent activity in direct negotiations with the seller or renter. After concluding the contract, the client needs to provide the agent with an uncertified copy of the concluded contract.
(3) The agent shall provide the client with information that may be relevant to his decision for concluding the contract, but is under no obligation to make any specific investigations to obtain information.
§6 Commission liability for replacement and follow-up transactions
(1) The commission liability also exists in so-called replacement transactions. For example, a replacement business is when a client hear about other opportunities form the renter/seller in connection with our activity or concludes a contract with the successor of the renter/seller for the assured opportunity, or rents or buys rather than rents instead of buying.
(2) The commission liability also exist in so-called follow-up transactions. A follow-up transaction is on hand, if there is an expansion/modification in the concluded contract opportunity occurs in not too distant time, for example first rented and then purchase, or a trade contract is supplemented by further areas. There is also a full fee for acquisitions by compulsory auction, acquisition of shares in holding companies and other, economically equivalent transactions.
§7 Immediate enforceability
In the case of the conclusion of a purchase contract, the client undertakes to include in the purchase contract a clause of content that the client undertakes to the amount of the commission in the notarized deed of sale of the immediate foreclosure in its entire assets in favor of the agent in the same amount.
§8 Final clause
(1) All ancillary agreements need to be in writing.
(2) The invalidity of a provision shall not affect the validity of the remaining provisions of this agreement.
(3) Jurisdiction is Bonn.
§9 Declaration of agreement
The client agrees to receive phone calls for further offers from our company. This declaration of agreement also applies to offers by fax, SMS or e-mail. The client can revoke the declaration of agreement at any time without special costs by telephone or e-mail.