Our Terms and Conditions
1. Business object
Business objects are the proof of the opportunity to conclude a contract or the brokerage of a contract (e.g. acquisition or sale of real estate, renting or leasing of rental or leasing space) for developed and undeveloped real estate, in particular commercial premises such as office buildings, office floors, practice areas, shops, industrial buildings such as production halls and warehouses as well as investment properties and residential buildings or undeveloped land.
2. Disclosure of information and documents
Our offers and communications are only intended for the client himself, to be treated confidentially by him and may not be made accessible to third parties. If the client forwards our offer or our information to third parties and if the third party concludes a main contract because of this, which would be commissionable under these conditions, the client or recipient undertakes to settle the payment in the amount of the commission on the basis of these conditions. Third parties include spouses, family members and legal persons who are represented by the offeree or have a similarly close, particularly economic, relationship with our client. A further claim for damages due to unauthorised disclosure of information against the client remains unaffected.
3. Emergence of the commission claim
Our claim to commission arises as soon as a main contract regarding the object named by us has come into existence due to the business objects (proof or brokerage) mentioned under section 1. The co-causation of our activity suffices. If the main contract deviates from the conditions originally offered or if it is concluded via another object of the contracting party proved by us, this does not affect our claim to commission, if the business concluded is economically identical to the business we offer or with respect to its economic success only slightly different from the business offered. This also applies to the occurrence of a suspensive or dissuasive condition agreed in the main contract if the main contract expires by exercising a contractual right of withdrawal, provided that this is exercised for reasons for which the party is responsible or within the scope of their responsibility. The commission claim remains unaffected in case of subsequent ineffectiveness of the main contract for reasons that are not within our area of responsibility. If another main contract, such as a purchase contract, is concluded instead of or in addition to the rental or lease contract, a commission is also due due to the proof and/or brokerage service.
4. Maturity of the commission claim
Our claim to commission becomes due upon conclusion of the main contract and is payable immediately, regardless of the fact that the start of the main contract occurs later in time. The client is obliged to inform us when the conclusion of the main contract takes place. If the main contract is concluded without our participation, the client is obliged to inform us immediately about the essential content of the main contract for the calculation of the commission claim. This can also be done by sending a simple copy of the main contract.
5. Commission rates
The following commission rates apply to our activity. These shall be payable to us by our client upon the origin of our commission claim according to section 3. In each case, the following commission rates are each plus VAT at the statutory rate. The commission is calculated according to 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 more than 5 years and less than 10 years, the commission is 3.5 net monthly rents payable by our client
- For contracts with a term of more than 10 years 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 is agreed in the main contract
- If an option right (e.g. space option, extension option or a pre-lease right) and/or a special termination right in favour of our client regarding area or term is agreed in the main contract—even if their exercise is still uncertain—the commission to be paid by our client will be increased by a further net monthly rent, irrespective of the number of agreed options/special termination rights additionally to the above mentioned commission rates. This regulation also applies to pre-lease agreements, as soon as a main contract for the rental space is concluded on the basis of the pre-lease agreement
- If a graduated rent has been agreed, the average monthly rental/lease payment during the entire fixed term of the main contract is calculated as the basis for calculation and is used as the basis for calculating the commission. The calculation of the average net monthly rent does not take into account periods in which no rent or a reduced rent is payable
- If a follow-up rental of space that has been proven/mediated by us, takes place within 12 months after the conclusion of the main contract, the aforementioned commission rates under § 5.1 apply accordingly
- The above provisions apply accordingly upon conclusion of a lease or other usage agreement
If the result of our activity is the purchase or sale of a property, the commission is calculated on the basis of the agreed notarised total purchase price including all ancillary services in the amount of 4% plus VAT at the applicable statutory rate and has to be paid to us by the client. If a property or land is sold indirectly through the transfer of shares (“share deal”), the calculation basis for the commission is not the notarised total purchase price, but the market value of the property on the land. If there is no agreement between the two parties regarding the market value, the determination of the market value will be made by an expert. The costs of the expert must be borne equally by us and by our client.
5.3 Purchase options and pre-emption rights
When agreeing purchase options and pre-emption rights, the commission amounts to 1% of the determined value and has to be paid by the customer to us. The calculation of the value is based on the total purchase price and all related ancillary services.
6. Activities for third parties
We are also entitled to act for the other contracting party of the main contract against payment or free of charge.
All offers are non-binding and without obligation. The correctness and completeness of our statements and information are not guaranteed, because they are based on the information provided by our clients. For all offers and communications, errors and interim use are expressly reserved. Liability for the correctness and/or completeness of this information is only assumed for cases of deliberate or grossly negligent behaviour.
Otherwise, the broker is only liable in the event of wilful intent or gross negligence and in the event of a negligent breach of essential contractual obligations. Essential contractual obligations are those, the fulfilment of which enables the proper execution of the brokerage contract and on whose compliance the client has and could trust. In addition, liability is also excluded in this respect.
The liability of the broker or his vicarious agents remains limited in the case of negligence to the foreseeable and typical damage. Such claims for damages shall become statute-barred within 3 years from the occurrence of the claim and knowledge of all the circumstances giving rise to the claim, but no later than 5 years from the time of the damaging event, regardless of this knowledge.
The above provisions on restriction of liability and limitation of liability do not apply in the event of culpable injury to life, limb or health or in the event of malicious behaviour by the broker.
8. Data protection
The client agrees that the broker collects, processes and uses personal and/or property-related data resulting from the brokerage contract and/or its implementation and transmits this to any interested party to the extent necessary, with the obligation to confidential treatment. The client and the broker undertake to use the personal or company-related data entrusted to them only for the fulfilment of their own business purposes and to observe the provisions of the Federal Data Protection Act—even after the contractual relationship has ended. The client is obliged to delete personal or company-related data immediately after the conclusion of the main contract and after fulfilment of the brokerage contract and to surrender any data carriers left to the broker without being asked. The legal retention requirements for documents remain unaffected.
9. Dispute settlement
We are neither obliged nor willing to participate in a dispute settlement procedure according to the Consumer Dispute Settlement Act.
10. Fulfilment and jurisdiction
Place of fulfilment and jurisdiction is, as far as legally permissible, Cologne.
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. In place of any ineffective or invalid provisions, the statutory provisions prevail.
Effective from: 01.07.2020