General terms and conditions
§ 1 Mediation activity / Commission
Should a contract be signed through our direct or indirect mediation activity, the commission becomes due. In case the contract is concluded at a later date and/or is subject to different conditions, i. e. a leased property is bought later or a property offered for purchase is leased or acquired in a foreclosure sale the commission has still been earned.

After submitting an offer and/or during negotiations we are ready to mediate for our client and offeree. The claim to commission remains valid even if the contract concluded is effectively appealed against, is null and void, one party withdraws from the contract or cancels it, or the contract is not carried out as a whole or in parts.

§ 2 Commission rates
The commission complies with the common rates in North Rhine-Westphalia and is due when the contract is concluded and immediately payable.

1. Purchase and sale of property,
calculated on the basis of the actual selling price, i. e. on any kind of performance or services the seller has been promised to receive: 3 % by both, buyer and seller.

2. Purchase and sale of companies or shares in a company,
calculated on the basis of the contract value: 3 % from both, buyer and seller.

3. Ground lease,
calculated on the basis of the property value and existing buildings: 3 % from both, property owner and tenant.

4. Preemptive rights,
calculated on the basis of the fair market value of a property or object: 1 % from beneficiary.

5. Renting and leasing,
payable by tenant or leaseholder

a) in case of a contract term of up to 5 years: 2 monthly rents as a minimum fee.
b) in case of a contract term of more than 5 years: 3 % of the overall rent for the entire contractual period, however not for more than 10 years, minimum 2 monthly rents.
c) right of first refusal and right of choice, regardless of actual period agreed upon - 1.5 monthly rents.

The above commission rates are exclusive of VAT.

§ 3 Notification of prior knowledge
In case an offered property is already known, this has to be disclosed in writing within 10 days after dispatch of offer, or verbal information / notification by phone about the property. If this disclosure of prior knowledge is not made in due form and time, it is not admissible to refer to prior knowledge. The commission will still be due despite prior knowledge.

§ 4 Offers
Our offers are prepared according to the specifications received from our client. All details are given to the best of our knowledge, however, without any guarantee as to their correctness. We cannot assume any responsibility for the achievement of economic and tax-related objectives. Each offer is subject to change and made without obligation.

§ 5 Prohibition of transfer
The offer is intended for the recipient only. If the offer is passed on to a third party without our written consent, the addressee of the offer will be held liable for all damages we incur.

§ 6 Direct negotiation /Duty of disclosure
If the negotiating parties enter into direct negotiations with each other owing to our mediation and broker activity, we need to be referred to and the content of negotiations be passed on to us without further notice and without delay. For this event as well we reserve the right to disclose the name of the contractual partner at our request and on behalf of the client and recipient of the offer and, if required, provide a copy of the contract.

§ 7 Place of jurisdiction
Place of performance and jurisdiction is Lippstadt within the bounds of what is permissible.

§ 8 Final provisions
Should these terms as a whole or in parts be or become ineffective, this will not affect the effectiveness of the regulations as a whole or of individual parts, rather should the ineffective clause be completed by one that best replaces its intended economic purpose.