Preamble
Von Hohensee Immobilien GmbH (hereinafter Von Hohensee Immobilien) is dedicated to the fulfillment of its orders, be it a broker or consulting assignment, always with the necessary care and while safeguarding the interests of its clients. The activities of Von Hohensee GmbH are carried out on the basis of these terms and conditions, the legal regulations and the generally accepted commercial principles and customs, in compliance with the code of conduct of the brokerage profession to which Von Hohensee Immobilien is committed.
Scope of application
These terms and conditions apply to all business transactions between Von Hohensee Immobilien GmbH and the client, including all other transactions based on written, telephone, electronic or verbal inquiries by the client, unless individually negotiated agreements are made. Von Hohensee Immobilien explicitly objects to the validity of third-party general terms and conditions.
Type of activity
The activities of Von Hohensee Immobilien include the identification and/or brokerage of land, houses, leases and commercial space rentals.
Information and documents
Unless expressly indicated otherwise, all statements and documents relating to the respective property are based on information and disclosure provided by third parties (e.g. sellers, landlords, lessor, builders, property developers and authorities). Von Hohensee Immobilien endeavours, but is not obliged, to check these details and documents for accuracy and completeness. Von Hohensee Immobilien does not assume any liability for this or for the creditworthiness of a contractual partner of the client.
Bookerage claim
Von Hohensee Immobilien’s brokerage claim arises without prejudice to any brokerage payment by the principal’s contractual partner as soon as a contract has been concluded as a result of Von Hohensee Immobilien’s brokerage or on the basis of proof. It is sufficient if the activity of Von Hohensee Immobilien was not the cause for the conclusion of the contract or only to the extent that substantiation of a rental or purchase opportunity was provided. Von Hohensee Immobilien shall also be entitled to commission if the intended conclusion of the contract takes place through the brokerage or on the basis of substantiation provided by Von Hohensee Immobilien on terms that differ from the original offer or if the desired economic success is achieved through a different contractual arrangement, in particular also if this is achieved by the fact that a third party becomes a contracting party instead of the client.
Furthermore, the brokerage claim also arises if a contract is concluded for another object of the proven contractual partner. This also applies if further contractual agreements are concluded in a temporal and/ or economic context with the first contract brokered or substantiated by Von Hohensee Immobilien.
The client owes Von Hohensee Immobilien a commission in the following amount for the substantiation or the mediation of the acquisition of a property:
Upon conclusion of a notarized purchase contract for the acquisition of:
Real estate (land, buildings, condominiums, commercial and industrial properties, capital investments, etc.)
calculated from the total contract sum or purchase price:
for a purchase price of up to Euro 5 million 6.0 %.
for a purchase price starting from Euro 5 million 5.0 %
for a purchase price starting from 10 million 4.0 %
for a purchase price starting from 25 million 3.0 %
plus the respectively applicable value added tax.
For the substantiation or the brokerage of commercial renting or leasing contracts with a term of up to 5 years, the client owes Von Hohensee Immobilien a brokerage fee of 3 net monthly rents or 3 monthly net lease payments plus applicable sales tax.
For contracts with a term of more than 5 years, the client owes Von Hohensee Immobilien a brokerage fee of 4 net monthly rents or 4 monthly net lease payments plus applicable VAT.
If, with or in addition to the rental agreement, an option to extend the rental / lease agreement by up to 5 years in favour of the client is agreed, then the client owes Von Hohensee Immobilien additionally a brokerage fee of 1 net monthly rent or rather 1 monthly net lease payment plus applicable VAT.
If an option to acquire the property in favour of the client is agreed with or in addition to the tenancy/lease agreement, the client shall additionally owe a brokerage fee of 3% plus the applicable value added tax of the contract value of the purchase agreement, including all ancillary contractual agreements and replacement transactions, when the option is exercised.
The commission is due and payable within 14 days after invoicing.
The brokerage fee must be paid within 14 days of the entry date.
Discosure obligation
An opportunity to conclude a contract communicated to the client by Von Hohensee Immobilien shall be deemed unknown if the client of Von Hohensee Immobilien does not notify in writing within 5 days after the announcement of the opportunity that he already had prior knowledge of this opportunity and at the same time proves from where his knowledge comes from.
As soon as a contract has been concluded by means of substantiation or mediation of Von Hohensee Immobilien, the client is obliged to notify Von Hohensee Immobilien thereof immediately. The client is obliged to provide Von Hohensee Immobilien with information about the persons involved in the contract and the agreed purchase, rental or lease price, including all contractual ancillary agreements and replacement businesses.
Dual agency
Von Hohensee Immobilien is entitled to act also for the contracting party of the client in exchange for corresponding brokerage fees.
Confidentiality
All offers, substantiations and other information from Von Hohensee Immobilien to the client are to be treated confidentially and must not be made available to third parties either in their original form or in their contents. If a contract with a third party is established as a result of a breach by the client of the above confidentiality agreement, the customer is obliged to pay Von Hohensee Immobilien compensation in the amount of the brokerage fee.
Retention and offsetting
The customer is entitled to a right of retention or set-off only if the counterclaim is undisputed or legally binding.
Statute of limitations
Claims for damages against Von Hohensee Immobilien become statute-barred after one year. This does not apply in the case of culpable breach of duty leading to injury to life, body or health or grossly negligent breach of duty.
Liability
Von Hohensee Immobilien GmbH is not liable for damages due to an insignificant breach of duty – on whatever legal grounds – for distant – i.e. not typically arising – material damage and damage to property for which Von Hohensee Immobilien GmBH is only slightly negligent.
Applicable law/place of performance/place of jurisdiction
German law applies. Place of performance for the mutual obligations arising from this contract is the registered office of Von Hohensee Immobilien. The place of jurisdiction for all disputes arising from or in connection with this contract is, as far as permissible, the registered office of Von Hohensee Immobilien.