General Terms and Conditions
General Terms and Conditions of Business of EVIM Real Estate GmbH for the procurement and identification of real estate. Our terms and conditions of business below will form part of the mutual agreements together with the exposé description.
§ 1 Offers / Liability
Our offers will be based on information provided by third parties, in particular clients/real estate owners and other persons who are authorized to provide information. Only in cases of intentional or grossly negligent conduct on our part will we therefore be liable for the accuracy and completeness of information which is merely passed on by us. Our offers are non-binding and without obligation. Interim agreements, interim sales or letting and errors remain reserved.
§ 2 § 2 Disclosure of information and documents
Our offers are only intended for the recipient/client himself and they are to be treated as confidential by the latter. Disclosure to third parties will require our written approval. In the event of the unauthorized disclosure of offers/information and documents to a third party, who will then for its part conclude a main contact, the recipient will be obliged to reimburse us for losses which correspond to the lost commission.
§ 3 Previous knowledge
If the real estate named in our offer is already known to the recipient or has been identified to his knowledge, he will be obligated to inform us of this immediately and to disclose the source of the information. If this does not take place, the recipient is to compensate us for expenditure which we have needlessly incurred in fulfilment of the order as a result of the recipient not informing us of his existing previous knowledge.
§ 4 Entitlement to commission
Our entitlement to commission arises once a main contract (e.g. a notarial purchase agreement or rental agreement) has come into existence with regard to the real estate named on the basis of our identification or the procurement of real estate and for real estate brokerage. Joint causality is sufficient. If the contract is concluded subject to other than the originally offered terms and conditions or if it comes into existence through another object of the contract partner who has been identified by us, this will not affect our entitlement to commission, provided that the concluded contract is similar. The same will apply if a contract other than the originally intended contract is concluded (e.g. purchase instead of rent or heritable building right purchase instead of real estate purchase). Our entitlement to commission will also continue to exist, regardless of the coming into effect of a triggering condition agreed in the main contact.
§ 5 Follow-up business
We will also be entitled to commission if additional contractual agreements which are based on the agency contract concluded between us come into existence in such a way that they are temporally or economically linked with the first contract procured or identified by us.
§ 6 Commission obligation /contract conclusion
The commission to which we are entitled will fall due at the conclusion of the main contract and it is to be paid at the rates mentioned in the exposé plus the statutory value added tax and without any deductions within 14 days of invoicing. In the event of arrears, interest of 5% points above the base rate of the European Central Bank will be payable per annum.
We will be entitled to be present when the contract is concluded. If the contract is in the meantime concluded without our participation, we are to be immediately provided with information by the client about the essential content of the contract to enable us to calculate the amount of commission to which we are entitled.
Furthermore, the client will be obliged to let us have a copy of the contract on request.
It will not be permissible to offset amounts against the commission to which we are entitled unless the amounts claimed for set-off are not undisputed or are legally valid.
a) Hereditary building right:
The rates of commission for purchases and sales which are mentioned in the exposé will apply accordingly in the event of the transfer or creation of a hereditary building right. The commission which is to be paid to us by the client will be calculated on the basis of the value of the real estate and the value of available structures and buildings.
b) Transfer of corporate rights:
Furthermore, the above rates of commission for purchases and sales will apply accordingly if corporate shares or other shareholders’ rights are transferred instead of real estate. The commission which is to be paid to us by the client will be calculated on the basis of the value of the contract/real estate.
c) Purchase right and right of first refusal:
When agreeing purchase rights and right of first refusal, the calculation will be based on the total purchase price and all related accessory charges. The commission will be one per cent (1%) of this and is to be paid to us by the client.
d) Letting and leasing:
- Commercial letting (rental, lease and leasing agreements):
- in case of contracts with a term of up to 10 years – 3 net months’ rent;
- in case of contracts with a term from 10 years –3.5 net months’ rent;
- in the case of the agreement of a rental option as well as preferential rights to a lease or rights to rent, the commission will increase by a net month’s rent.
Any rent-free periods granted will continue not to be taken into consideration when calculating the commission claim. If a graduated rent is agreed on, the average rent during the agreed term of the contract will be of decisive importance as a basis for calculating the commission. If the tenant receives other allowances in connection with the conclusion of the rental agreement, for example an allowance for the expansion or furnishing of rental spaces, the assumption of commitments from previous rental agreements, compensation payments or the like, an additional commission of three per cent (3%) of the total value of these allowances will be owed.
Information about rent only concerns the rent and not the ancillary costs or the deposit, which shall be paid in addition.
The above rates of commission will increase by the statutory rate of value added tax in each case.
§ 7 Acting for third parties
We will also be entitled to act for the other party to the main contract, whether in return for consideration or not.
§ 8 Limitation of liability
Our liability will be limited to intent and gross negligence, provided that the client does not suffer any damage with regard to life, body or health as a result of our conduct.
§ 9 Time limitation
The period of time limitation for all claims for compensation brought against us by the client will be three (3) years. It will start to run from the time at which the loss event occurs. If statutory provisions result in a shorter time limitation period for us in individual cases, these provisions apply.
§ 10 Place of fulfilment, place of jurisdiction, applicable law
The place of fulfilment and the place of jurisdiction for merchants who have been entered in the Commercial Register is Berlin. Only German law will apply to the legal relationship with the client.
§ 11 Partial invalidity
If individual provisions of our General Terms and Conditions of Business are or become invalid, the validity of the other provisions will remain unaffected by this. Statutory provisions will take the place of any invalid or void provisions.
I hereby certify that, to the best of my knowledge and belief, the above translation consisting of one (1) page is a true and accurate translation of the German text presented to me.
Sworn translator and interpreter for the English language for Berlin Courts and Notaries
July 26, 2017