Our terms and conditions

1. Business object

The object of the business is to provide evidence of the opportunity to conclude a contract or to broker a contract (e.g., purchase or sale of real estate, Renting or leasing rental or leasehold space) involving developed and undeveloped real estate, in particular commercial premises such as office buildings, Office floors, practice premises, retail premises, industrial properties such as production and storage halls, as well as investment properties and residential buildings or undeveloped land.

2. Disclosure of information and documents

Our offers and communications are intended exclusively for our client, are to be treated confidentially by the client, and may not be made accessible to third parties. If the client passes on our offer or information to third parties and the third party concludes a main contract on the basis of this, which would be subject to commission in accordance with these terms and conditions, the client or recipient undertakes to pay the commission on the basis of these terms and conditions. Third parties also include spouses, family members, and legal entities represented by the recipient of the offer or who have a similarly close relationship, in particular an economic relationship, with our client. Any further claims for damages against the client due to the unauthorized disclosure of information remain unaffected by this.

3. A claim to commission shall arise

Our commission claim arises as soon as a main contract has been concluded with regard to the object named by us on the basis of the subject matter of the contract specified in clause 1 (proof or brokerage). In this case, the contributory causality of our activity is sufficient. If the main contract deviates from the conditions originally offered or if it is concluded for another property of the contractual partner identified by us, this shall not affect our commission claim, provided that the transaction concluded is economically identical to the transaction offered by us or differs only insignificantly from the transaction offered in terms of its economic success. This shall also apply to the occurrence of a condition precedent or condition subsequent agreed in the main contract if the main contract expires due to the exercise of a contractual right of withdrawal, provided that this is exercised for reasons for which one party is responsible or for reasons within its sphere of responsibilitythe commission claim shall remain unaffected in the event of subsequent invalidity of the main contract for reasons beyond our control. If, on the basis of the referral and/or brokerage service, another main contract, such as a purchase contract, is concluded instead of or in addition to the rental or lease agreement, a commission shall also be payable.

4. Due date of the commission claim

Our commission claim shall become due upon conclusion of the main contract and shall be payable immediately, regardless of whether the main contract commences at a later date. The client is obliged to inform us when the main contract is concluded. If the main contract is concluded without our participation, the client is obliged to provide us with information about the essential content of the main contract without delay so that we can calculate the commission claim. This can also be done by sending us a simple copy of the main contract.

5. Commission rates

The following commission rates apply to our services. These are payable by our client to us upon our commission claim arising in accordance with Section 3. The following commission rates are exclusive of sales tax at the applicable statutory rate. The commission is calculated in accordance with the following provisions:

5.1 Rental and leasing

• For contracts with a term of less than 5 years, the commission is 3.0 net monthly rents payable by our client
• For contracts with a term of 5 years or more and less than 10 years, the commission is 3.5 net monthly rents payable by our client
• For contracts with a term of 10 years or more and less than 15 years, the commission is 4.0 net monthly rents payable by our client
• For contracts with a term of 15 years or more, the commission is 5.0 net monthly rents payable by our client, provided that no option right has been agreed in the main contract
• If the main contract includes an Option right (e.g., space option, extension option, or a right of first refusal) and/or a special right of termination in favor of our client with regard to space or term—even if their exercise is still uncertain - , the commission payable by our client shall be increased by a further net monthly rent, regardless of the number of agreed options/special termination rights, in addition to the above commission rates. This provision shall also apply to pre-letting agreements as soon as a main contract for the rental space is concluded on the basis of the pre-letting agreement
• If a graduated rent has been agreed, the average monthly net rent/lease payment based on the total fixed term of the main contract shall be used as the basis for calculation and for determining the commission. When calculating the average net monthly rent, periods during which no rent or a reduced rent is payable shall not be taken into account
• If, within 12 months of the conclusion of the main contract, a follow-up lease is concluded for space proven/brokered by us, the commission rates specified in § 5.1 shall apply accordingly
• The above provisions shall apply mutatis mutandis upon conclusion of a lease or other usage agreement

5.2 Purchase

If our activities result in the purchase or sale of a property, the commission shall be calculated on the basis of the agreed total purchase price certified by a notary, including all related ancillary services, at a rate of 4% plus VAT at the applicable rate and shall be payable to us by the client. If a property or land is sold indirectly through the transfer of company shares ("share deal"), the basis for calculating the commission is not the notarized total purchase price, but the market value of the property or land. If the two parties cannot agree on the market value, the market value shall be determined by an expert. The costs of the expert shall be borne equally by us and our client.

5.3 Right of first refusal and preemption

If rights of first refusal and preemption are agreed, the commission shall amount to 1% of the determined value and shall be paid to us by the client. The value shall be calculated on the basis of the total purchase price and all related ancillary services.

6. Activities for third parties

We are entitled to act for the other party to the main contract, either for a fee or free of charge.

7. Disclaimer

All offers are non-binding and subject to change. No liability is assumed for the accuracy and completeness of our details and information, as these are based on the information provided by our clients. All offers and communications are subject to errors and prior use. Liability for the accuracy and/or completeness of this information is only accepted in cases of intentional or grossly negligent conduct.

Otherwise, the broker shall only be liable in cases of intent or gross negligence, as well as in the event of negligent breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the brokerage contract and on whose fulfillment the client has relied and was entitled to rely. Otherwise, liability is also excluded in this respect.

In the event of negligence, the liability of the broker or its vicarious agents shall be limited to the foreseeable and typical damage. Such claims for damages shall become statute-barred within 3 years of the claim arising and of all circumstances giving rise to the claim becoming known, but at the latest without regard to this knowledge within 5 years of the date of the damaging event.

The above provisions on limitation of liability and exclusion of liability shall not apply in the event of culpable injury to life, limb, or health or in the event of fraudulent conduct on the part of the broker.

8. Data protection

Information on the handling of personal data and the rights of data subjects in accordance with the GDPR and the contact details of our data protection officer can be found in our privacy policy at https://www.larbig-mortag.de/datenschutz

9. Dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act.

10. Place of performance and jurisdiction

The place of performance and jurisdiction is, to the extent permitted by law, the city of Cologne for Larbig & Mortag Immobilien GmbH and the city of Bonn for Larbig & Mortag Immobilien Bonn GmbH.

11. Consent to electronic and other invoicing

The invoice recipient expressly agrees to receive and issue invoices in electronic form and in any other legally permissible form until December 31, 2026. This consent serves to avoid any ambiguities or IT-related disruptions and ensures the smooth processing of invoices.
This provision offers security to all parties involved and enables an orderly transition phase for the further implementation of electronic invoicing.

12. Miscellaneous

Should any of the above provisions of our General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Any invalid or void provisions shall be replaced by the statutory provisions.