Translation of the General terms and conditions of Realkon Immobilien GmbH and Realkon Immobilien Investment GmbH, (both hereinafter referred to as Realkon)
– In case of doubt, the German GTC’s apply –
1.
These General Terms and Conditions of Business govern all business relations with Realkon, and in particular the mutual rights and obligations that arise therefrom.
2.
The following commissions are to be paid by the customer (purchaser, tenant, assignee, etc.) to Realkon, unless otherwise stated in the offer or expressly agreed:
2a.
A commission of 3.6 months’ rent is payable to Realkon for letting and leasing. Monthly rent refers to the net monthly rent (excluding service charges and statutory VAT), based on the average net monthly rent (excluding service charges) during the fixed term of the agreement. In addition, 1.6 months’ rent is payable as a commission if an extension option is granted, even if it is uncertain whether the option will be exercised, as well as 3% of the indemnities agreed upon concluding the agreement.
2b.
The following commission rates are payable to Realkon for the purchase and sale of properties, participations and businesses and similar transactions: For a purchase price of up to €5 million, 5% of the purchase price; for a purchase price of between €5 million and €25 million, 4% of the purchase price, and if the purchase price exceeds €25 million, 3% of the purchase price.
The purchase price is the sum of all considerations paid by the purchaser plus any encumbrances and liabilities assumed in respect of the property, business or participation. If the purchase price is paid as an annuity, the purchase price is the present value of the annuity benefits determined using a market rate settlement. The same commission rates as for a purchase apply to the supply of information and/or brokerage of transactions similar to a purchase (e.g. acquisition of a leasehold, contribution of a property to a company, etc.).
All commissions quoted are exclusive of statutory VAT, which is currently 19%.
3.
If our client is already aware of the possibility demonstrated by us of concluding a main agreement (contract), they are obliged to inform us of this in writing no later than seven (7) days of receiving the first property information, stating the source. If, as a result of a breach of this obligation, we perform an activity which does not give rise to a commission claim, the client is obliged to compensate us for our loss.
4.
The claim for commission arises when the agreement is concluded as a result of our supplying information or acting as a broker. In this case, contributory causation is sufficient. Commission is due and payable upon conclusion of the agreement, unless agreed otherwise.
5.
Our commission claim is not affected by the fact that the agreement is concluded at a later date or under different conditions, provided that the same success is achieved.
6.
The client is obliged to inform us immediately of the conclusion of the agreement. The client is obliged to provide information on all contractual main and ancillary agreements (e.g. name and address of the partner to the agreement, property, price and conditions) and to send a copy of the agreement. If the client hinders the assertion of a commission claim by refusing or delaying information, they are obliged to pay interest on the commission claim at a rate of 9% above the base rate set by the European Central Bank, beginning four weeks after the agreement is concluded.
The client is at liberty to prove that no damage has been caused or that the damage has not been caused to this extent.
7.
We are entitled to act for the other party to the agreement – also on a commission basis – not just as a broker supplying information, but also as an intermediary broker.
8.
All offers and contractual details are intended for the client only. If they are passed on to third parties without our written consent and an agreement is concluded as a result, the client is obliged to pay us a contractual penalty in the amount of the commission stated in Sec. 2. The right to assert further claims for damages remains reserved.
9.
In any direct negotiations, the client is obliged to refer to our brokerage activities and inform us immediately of the content of the negotiations. We are entitled to be present when the agreement is concluded; we are to be notified in writing of the time and place in a timely manner.
10.
In the event that the client abandons their contractual intentions, thereby rendering the order placed with us null and void, they are obliged to notify us immediately in writing. Failure to do so entitles us to compensation for our futile expenses and wasted time.
11.
The details in the exposé and other information are based solely on information provided to us by third parties. We assume no liability for this information. The client is obliged to check all the information themselves before concluding the agreement.
12.
Claims for damages by the client are excluded if the damage was caused by simple negligence. However, liability limitation does not apply in the event of a breach of obligations that are of particular importance for achieving the purpose of the contract (cardinal obligations); in such cases, liability is limited to the foreseeable damage typical for the agreement, provided that the damage was caused by simple negligence. The limitation of liability does not apply in the event of intent or gross negligence, or to any damage resulting from loss of life, limb or health of a person.
12a.
The limitation period for claims for damages by the client is one year, notwithstanding Sec. 195 German Civil Code (BGB) insofar as the damage was caused by simple negligence. Curtailment of the limitation period does not apply in the case of intent or gross negligence, or in the event of damage arising from loss of life, limb or health of a person.
13.
The legal relationship with the client is governed exclusively by the laws of the Federal Republic of Germany.
14.
We enter into all agreements solely on the basis of our General Terms and Conditions of Business, even if no objection is raised to terms and conditions of business stating the contrary. Deviating terms and conditions are ineffective and do not form part of the agreement unless expressly accepted in writing.
15.
Place of performance and jurisdiction for merchants, legal entities under public law or special funds under public law is Munich, Germany.
16.
If one or more of the foregoing provisions is or becomes invalid, it does not affect the validity of the remaining provisions. The parties agree to replace the invalid provision with a provision that comes closest to the commercial interests of the parties to the agreement and does not otherwise conflict with the contractual agreement.
© REALKON 2024
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