Terms and conditions for identification and brokerage services

1. Activity and entitlement to commission

Our activity is aimed at identifying the opportunity to conclude contracts (Nachweis) and/or at brokering contracts (Vermittlung).

The entitlement to commission arises as soon as the main contract (Hauptvertrag) has been concluded as a result of our identification and/or brokerage activity. It is sufficient that our activity was a contributory cause.

The entitlement to commission is not affected by the main contract being concluded on terms other than those originally envisaged, provided that the economic result actually achieved essentially corresponds to the transaction identified or brokered.

If, as a result of our activity, a main contract other than the one originally envisaged or a main contract concerning a different contractual object is concluded, an entitlement to commission may likewise arise, provided that the transaction concluded is economically essentially identical to the transaction identified or brokered.

Insofar as no commission has been expressly agreed, the statutory provisions apply.

2. Offers and information

Our offers are subject to change and without obligation. Prior sale, prior letting and prior leasing (Zwischenverkauf, Zwischenvermietung und Zwischenverpachtung) remain reserved.

The property and contract information we provide is generally based on information from the owner, the client or other third parties. Unless expressly agreed otherwise, we do not verify this information for accuracy and completeness.

3. Confidentiality and disclosure

Our offers and information are strictly confidential and intended exclusively for the respective recipient and our client.

Disclosure to third parties is only permitted with our prior consent.

In the event of unauthorised disclosure, we are entitled – without prejudice to any further claim for damages – to a contractual penalty (Vertragsstrafe) in the amount of the agreed commission.

4. Broker’s commission

Unless a different commission has been agreed in the respective offer, exposé or brokerage agreement, the following commission rates apply:

I. For purchases of real property (Grundstückskäufe), calculated on the total purchase price achieved and all associated ancillary services agreed:

• up to EUR 5 million: 5.95%
• over EUR 5 million up to EUR 25 million: 4.76%
• over EUR 25 million: 3.57%

in each case including the current statutory value added tax (VAT) of 19.00%.

For brokerage agreements concerning the purchase of a flat or a single-family house, the special provisions of Sections 656a to 656d of the German Civil Code (Bürgerliches Gesetzbuch – BGB) apply, insofar as their statutory requirements are met. The statutory requirements regarding text form (Textform) and the allocation of brokerage costs remain unaffected.

II. In the case of acquisition in foreclosure auction proceedings (Zwangsversteigerungsverfahren): 4.76% including statutory VAT on the hammer price (Zuschlagspreis), payable by the acquirer.

III. In the case of the granting of a right of pre-emption (Vorkaufsrecht): 1.785% including statutory VAT, calculated on the market value (Verkehrswert) or the agreed purchase price.

IV. In the case of the purchase and sale of companies and shareholdings in companies: 3.57% each for the buyer and the seller, including statutory VAT, calculated on the purchase price.

V. In the case of brokerage of lease agreements for residential premises, the statutory provisions apply, in particular the German Housing Brokerage Act (Wohnungsvermittlungsgesetz). The specific obligation to pay commission and the amount of the commission are determined in the respective brokerage agreement or offer.

VI. In the case of letting or leasing of commercial premises: 2.38 monthly rents excluding ancillary costs (Nebenkosten), including statutory VAT, each for the tenant/lessee and the landlord/lessor, for a contract term of less than five years.

VII. In the case of letting or leasing of commercial premises: 3.57 monthly rents excluding ancillary costs (Nebenkosten), including statutory VAT, each for the tenant/lessee and the landlord/lessor, for a contract term of five years or more.

5. Due date and duty to provide information

The entitlement to commission arises in accordance with Section 652 BGB upon conclusion of the main contract, provided that the main contract is based on our identification and/or brokerage activity in accordance with the contract.

The commission is due upon invoicing, unless otherwise agreed.

The client is obliged to inform us without undue delay (unverzüglich) of the conclusion of the main contract and, upon request, to provide us with the information about the contract that is required to determine the entitlement to commission.

6. Acting for both parties (Doppeltätigkeit)

We are entitled to also act for the other party to the main contract against remuneration, insofar as this is legally permissible and there is no inadmissible conflict of interest.

If we act for both parties to a purchase agreement concerning a flat or a single-family house and the buyer is a consumer, the statutory provisions of Sections 656b to 656d BGB apply in particular.

We may engage further brokers. Without a separate agreement, this does not give rise to any additional costs for the client.

7. Money Laundering Act

As real estate brokers, we are subject to the obligations of the German Money Laundering Act (Geldwäschegesetz – GwG).

Where the statutory requirements are met, we are in particular obliged to identify the contracting parties, any persons acting on their behalf and the beneficial owners, and to collect or verify the information and documents required for this purpose.

The persons concerned are obliged to cooperate in the identification to the extent provided for by law and to provide the necessary information and documents.

8. Place of performance and place of jurisdiction

The place of performance is Düsseldorf, insofar as legally permissible.

If the contracting party is a merchant (Kaufmann), a legal entity under public law or a special fund under public law (öffentlich-rechtliches Sondervermögen), Düsseldorf is the place of jurisdiction. Otherwise, the statutory places of jurisdiction apply.

9. Incorporation and deviating agreements

These terms and conditions apply if they have been effectively incorporated into the respective brokerage agreement.

Individual agreements take precedence.

10. Governing law

Our contractual relationships are governed by German law.

Consumers retain the statutory protection afforded to them by the law of their country of habitual residence under Article 6(2) of the Rome I Regulation.