General terms and conditions of the “asset immobilienhandlung gmbh & Co. KG and immobilienhandlung verwaltungs gmbh“
dated 21 March 2016
Contract By utilization of the verification or mediation work, or rather upon request for information, or an exposé, visit of the property, or upon admission of negotiations with the purchaser or landlord of a property offered by us the brokerage contract shall be achieved with the interested tenant or seller under the following conditions, whereas we shall be also granted commissionable activities for the other party of the intended contract.
Our offers and information shall be given in all conscience based on data provided by third parties. There shall be no liability on accuracy or completeness; misconception, prior sale or letting shall Benthaus reserved.
3. Prior Knowledge of the Offeree
The offeree, who already knows the offered sale or renting object, is obliged to notify us in writing immediately. In case he/she refrains from fulfilling this obligation and he/she uses further services by us out of this offer , he/she is liable for damages by means of a general reimbursement of the proven expenses.
4. Information Sharing with Third Parties
Our offers are strictly confidential and intended solely for the recipient. They shall not be forwarded to third parties without our prior written consent. In case of transfer – even by excerpts – to third parties without our consent, the forwarding party is liable for the full brokerage if a contract is being formed.
Our entitlement to commission shall arise and will be due as soon as a contract has been concluded or certified due to our verification or our mediation. Any causation of our activity is sufficient. Our entitlement to commission shall be due at conclusion of the main contract and shall be paid within 14 days after reporting without any deduction. Several clients shall be liable as joint and several debtor for the agreed commission. Upon entry of the state of arrears, there shall be due a default interest of 5% p.a. above the base rate. In case the contract shall be concluded under different conditions other than originally offered by us or if it will be formed for another property than verified by us to the contracting party, this shall not affect our entitlement to commission, provided that the transaction which into being is commercially identical to the transaction offered by us or its commercial success differs only negligibly from the offered transaction. The same also applies if another type of contract in succession to our broker activity shall be concluded than the originally intended one.
6. Commission Rate
Provided that no other commission rate had been agreed and/or that no other obliged person for commission payment had been named, the following regulations shall apply:
When purchasing or selling house ownership or real estate as well as condominium/part-ownership, it shall be calculated from the total purchase price and all connected ancillary services: by the purchaser 6.25%;
When purchasing or selling companies, house ownership or real estate as well as part-ownership in terms of business/partnership shares or similar shares (sharedeal), it shall be calculated from the total purchase price and all connected ancillary services: by the purchaser 6.25%;
6.3 Purchase Options and Pre-Emptive Rights
When agreeing to purchase options and pre-emptive rights, it shall be calculated from the sale or market value of the property or the real estate: by the beneficiary 1.78%;
When appointing or transferring leaseholds, it shall be calculated from the ground rent dropped from the entire contractual period: by the persons holding heritable building rights and by the landowners each 3.57%;
6.5 Renting, Letting, and Leasing of Commercial Properties
When renting, letting, and leasing, independent from the contractual period: by the tenant/leaseholder, lessee 3.57 of the monthly gross rent (net rent plus monthly heating and operation pre-payments). When agreeing to a stepped rent the rental payment of the total term of the lease contract shall be used as gross rent whereas any subsidies (e.g. rent-free periods, building and/or moving cost subsidies, etc.) shall be unconsidered at determining the monthly rental payment.
6.6 Residential Properties
When renting, independent from contractual term: by the customer 2.38 monthly net rents (net rent).
The afore-mentioned commission rates include the current legally prescribed value added tax.
7. Contractual Negotiations and Conclusion
We are entitled to attend the conclusion of the contract, therefore we shall be informed about an appointment punctually. Furthermore, we are eligible to receive a copy of the contract and all related collateral agreements. If there shall be any contractual negotiations and/or conclusion of the contract without our attendance, the client shall be obliged to inform us about the contract status as well as about the contractual conditions.
8. Reimbursement of Expenses
Any contractual fault by the client shall especially entitle us to reimbursement of our material expenditure against itemization. A contractual fault shall be provided, inter alia, if the client does not inform us immediately about the fact that the order issued by him/her became inapplicable.
9. Severability Clause
In case individual terms of this contract should become invalid or impracticable or shall become invalid or impracticable after conclusion of the contract, this shall not affect the effectiveness of the remaining contract. The parties shall replace the invalid term by another regulation which comes closest to the parties‘ interests and which is not contrary to the residual contractual agreements.
10. Place of Performance and Legal Venue
Place of performance and legal venue shall be Hamburg, insofar as are legally permitted.served.