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General Terms and Conditions of Realogis Immobilien Deutschland GmbH, Realogis Immobilien München GmbH, Realogis Immobilien Düsseldorf GmbH, Realogis Immobilien Stuttgart GmbH and Realogis Immobilien Frankfurt GmbH

 

1. Validity of these GTAC

1.1 These GTAC apply for brokerage agreements with Realogis Immobilien Deutschland GmbH, Realogis Immobilien München GmbH, Realogis Immobilien Düsseldorf GmbH. Realogis Immobilien Stuttgart GmbH and Realogis Immobilien Frankfurt GmbH. If "Realogis" is referred to hereinafter, this shall apply to the respective GmbH with which the brokerage agreement has actually been entered into.

1.2 Realogis only concludes brokerage agreements in accordance with these GTAC.

 

2. Applicable law; signing; place of performance

2.1 German law shall apply to all legal transactions. 

2.2 No agreements have been reached between the parties upon signing the Agreement other than those specified in writing. 

2.3 The place of performance for the contractual services to be rendered by Realogis is the seat of the GmbH with which the brokerage agreement has been reached – unless otherwise agreed. 

2.4 Realogis has the right to commission third parties with the fulfilment of its contractual obligations.

 

3. Object of the Agreement

3.1 Realogis shall establish possible contractual agreements and/or act as broker based on third-party information. Although Realogis endeavours to obtain information on properties and contractual partners that is as complete and accurate as possible, it can only accept any liability for the completeness or correctness of the information made available to the customer in the event of intent or gross negligence on its part. In the event of damage due to injury to life, body or health, it shall also be liable in the case of negligence. 

3.2 Offers made by Realogis are non-binding and subject to change, prior sale, leasing or rental. 

3.3 In addition to agency services, Realogis also renders other services on the basis of these GTAC. These services are to be regulated in separate agreements and invoiced separately.

 

4. Right to and due date for payment of a brokerage fee

4.1 Realogis has a right to a commission as soon as an agreement has been signed as a result of Realogis establishing and/or acting as broker for the agreement. It is not a prerequisite for a right to claim the commission that Realogis' work was the only reason for the conclusion of the agreement; a partial involvement suffices.

4.2 Realogis' right to claim a commission remains even if the signed agreement is subsequently nullified amicably by the parties to the agreement.

4.3 The right to a commission also arises if an agreement that deviates from the original transaction established or brokered by Realogis, but that is commercially equivalent to it, is concluded. 

 

5. Commission

The following commission rates for establishing transactions and/or acting as broker are agreed to between the customer and Realogis:

5.1 Purchase

In the case of a property sale, the commission to be paid is based on the certificated total price paid for the property and all additional related services rendered. The variables for the calculation of the commission due from the purchaser are as follows: Up to a purchase price of € 5.0 m 4%, from € 5.0 m to € 20.0 m 3% and for property values above € 20.0 m 2.5%. When exercising an agreed option to purchase more space, the purchaser pays the commission for the additional space in the corresponding amounts at the time of exercising the option.

5.2 Leasing and renting commercial space

  • In the case of agreements for up to five years for office, industrial and outdoor space, the commission amounts to 3.0 monthly rents plus ancillary and operating costs.
  • In the case of agreements for up to five years for retail space, the commission amounts to 3.5 monthly rents plus ancillary and operating costs.
  • The commission rates increase by 0.5 of a monthly rent plus the applicable ancillary and operating costs for agreements of longer than five years duration.
  • The commission rates increase by 1.0 of a monthly rent plus the applicable ancillary and operating costs for agreements of longer than ten years duration.
  • If the lease or rental agreements contain options for the extension of the lease or rental period and/or pre-emptive rights, the commission increases by 0.5 of a monthly rent 
  • plus the applicable ancillary and operating costs for each option or pre-emptive right.
  • If the lease or rental agreement contains an option to lease 
  • or rent additional space, the commission for the additional space becomes due and payable in accordance with 5.2.1 to 5.2.4 upon the option being exercised.
  • Rent-free periods agreed on or other incentives offered by the lessor are not taken into account when calculating the commission. In the case of a staggered rental fee agreement, the average monthly rent over the entire fixed term of the agreement, also plus ancillary and operating costs, is the basis for calculation of the commission.
  • Compensation/Transfer payments for rights, claims, fittings, goods, clientele, etc. increase the basis for calculation of the commission in accordance with no. 5. 

5.3 Heritable building rights

When reserving or transferring heritable building rights, the commission is 5 % of the contract value, payable by the party acquiring the heritable building rights. If none is agreed, Realogis can chose between either 25 times the annual ground rent or the capital cash value of the heritable building right to be calculated. When calculating the capital cash value, the customary effective market interest rate for mortgages with a fixed interest rate for 10 years at 100 % payment is to be used.

5.4 VAT

All commissions are subject to German VAT.

 

6. Expenses

If an agreement is not reached between the customer and a third party, the customer must reimburse Realogis for expenses incurred (in particular travel costs, postage, publishing fees). This applies, however, only to expenses that Realogis can prove to the customer to have incurred, and only up to a maximum of 15 % of the commission that would have been due if an agreement had been concluded, and not more than EUR 1,000.00.

 

7. Customer obligations

7.1 If the customer passes on the information given to it by Realogis about a possible agreement to a third party, and if an agreement is reached with this third party, the customer is obliged to pay commission to Realogis. The customer must treat all information, offers, etc., that it receives from Realogis confidentially. 

7.2 If the customer already knows of the opportunity for conclusion of an agreement before we inform it thereof, it is obliged to inform Realogis of this immediately. 

 

8. Commissioning by a third party

Realogis has the right to also work for the other contractual party to the agreement, either for a fee or free of charge. In such case, Realogis will carry out its duties in an unbiased and conscientious fashion.

 

9. Note on data protection

Realogis herewith informs the customer that it gathers, processes and uses personal data within the bounds of statutory regulations on data protection, in as much as this is necessary for fulfilling the agreement in question. It only passes on personal data to third parties (e.g. operators of real estate portals) if this is required to fulfil the agreement in question and only under observation of the statutory regulations on data protection.

 

10. Validity of the GTAC

If any provisions of these GTAC should be invalid or void, this shall not affect the validity of the remaining provisions.

 

11. Legal venue

The legal venue for business transactions is that of the seat of the GmbH with which the brokerage agreement has been concluded.