General Terms and Conditions (AGB)

1. Preliminary remarks

The managing director Mr. Marcin Adamek (hereinafter referred to as "broker") assures that he has the legally required prerequisites for exercising an activity as broker according to § 34c GewO. These terms and conditions are the subject of a verbal or written brokerage contract.

2. Scope

The following general terms and conditions apply to all contracts and legal transactions between the broker and the customer. Customer within the meaning of this contract can be the seller of a property as well as the buyer as well as the landlord as well as the tenant, who is named as a person looking for an apartment, an office space or a hall for production etc. in compliance with the provisions of the ordering principle. If a main contract is mentioned, then it means a purchase, rental or lease agreement. Insofar as there are individual contractual provisions that deviate from or contradict the provisions of these, the individual contractual provisions take precedence.

3. Realization of the brokerage contract

A written form is not required to conclude a brokerage agreement. A brokerage agreement can also be legally effective if the broker offers the property (e.g. by sending an e-mail exposure), can be considered an broker, determines his claim for commissions in case of success, and the interested party asks him for brokerage services (e.g. expose real estate). In this case, the brokerage agreement is concluded orally and by default. In the case of renting a property, if a commission claim must be made against an applicant for an apartment, a text search request is required from the person seeking an apartment to conclude a brokering agreement. It is not possible to conclude an agency agreement between the apartment seeker and the agent. An agency agreement between the landlord and the broker is concluded when the landlord places a search order and the broker accepts it. In the event of a written brokerage agreement or individual agreement being concluded, the aforementioned agreements shall take precedence over these General Terms.

4. Mutual commitment

The parties endeavor to the best of their knowledge and belief to support the other contractual partner in the fulfillment of his obligation by providing information, information or experience in the best possible way, in order to enable both parties a smooth and efficient workflow. The seller grants the broker power of attorney to inspect the land register, all official files and also to the WEG administrator to exercise rights as they are entitled to him as the owner of the apartment.

5. Power of attorney of the seller

The seller authorizes the broker to inspect the land register, in all official files as well as vis-à-vis the WEG administrator to exercise the rights that they are entitled to as apartment owners.

6. Previous knowledge

According to § 242 of the German Civil Code, “prior-knowledge” must be conclusively proven to us within 5 days with the name of the first person providing proof, otherwise the opportunity to conclude this offer is considered as previously unknown. Otherwise, our offer is considered as initial proof and therefore triggers a commission obligation in the event that the recipient or a natural, legal person connected with you acquires the object. This also applies if the offered object is acquired by hand or in a compulsory sale procedure or by means of an offer guarantee or by purchase of receivables of the land debt or purchase of shares in the company. Payment of the above commission is also due if this offer is passed on to third parties without our written consent.

7. Ban on disclosure of information

All information that the customer receives from the broker is intended solely and exclusively for him. It is therefore expressly prohibited for any information to be passed on to third parties without the broker's written consent. If the customer violates this obligation and a third party to whom he has passed on the information concludes a main contract with the broker's client, the customer is obliged to compensate the broker in the amount of the agreed commission plus VAT.

8. Double activity of the broker

In the event that it is a purchase contract to be brokered, the broker may work for both the seller and the buyer subject to commission. In the case of a rental contract to be brokered, the broker may only be commissioned either for the landlord or only for the tenant.

9. Replacement business, follow-up business

If, instead of the originally intended business, another main contract for another property between the client of the broker and the client of the broker or a knockdown by way of foreclosure comes into effect, the customer is nevertheless obliged to pay the commission to the broker . The same applies if, in the course of contact with the client of the broker and the broker client, further objects of the client become known within 24 months and the broker client acquires, rents or leases one or more of these items. If a commission has been agreed with the client, the client is also obliged to pay the commission to the broker. Furthermore, this regulation applies if a rental or lease agreement is concluded instead of the purchase contract or vice versa.

10. Brokerage commission

Our offers are subject to commission for the investor / buyer / tenant. The commission rate stated in the advertisement or synopsis applies. Our commissions are negotiable. Generally these are:

  • for sales contracts in Germany and abroad, the commission is 7.14% of the notarial purchase price including VAT and is due when the contract is concluded and paid by the buyer to Marcin Adamek. When purchasing a property or a property portfolio with a value of over € 10 million, the brokerage fee is reduced to 4.76%, over € 25 million to 3.57% including VAT. In the case of a rental, there is a flat rate Determination of the proof commission. Comes with the owner / owner of the above Real estate / property other than the originally intended business, the commissions mentioned are also payable.
  • for residential rental properties: 2.38 monthly rents incl. VAT, for graduated rental contracts, the monthly rent based on the total term is calculated as monthly rent
  • for commercial rental properties:
    • with a term of less than 5 years, the commission is 2 monthly rents including additional costs plus 19% VAT (= 2.38 monthly rents)
    • with a term of more than 5 years or unlimited, the commission is 3 monthly rents including additional costs plus VAT (= 3.57 monthly rents)
    • if extension options are agreed, the commission increases by a further monthly rent including additional costs plus VAT (= 1.19 monthly rent)

If other remuneration has been agreed in a written brokerage contract, this is deemed to have been agreed.

The commission claim arises as soon as a purchase, rental or lease is concluded based on the proof or the brokerage. The broker commission is due upon conclusion of the main contract (purchase, rental or lease agreement).

Payment of the commission

The payment of the agreed commission or the commission from the exposé (teaser) is due to the agent regardless of the legal form in which the ownership/ownership of the real estate or its shares is transferred, regardless of whether the agent represented the buying party, the selling party or both parties.

The selling party or (and) the purchaser undertakes to notify the broker at least ten (10) working days before the intended conclusion of the purchase agreement, including the place of the transaction, the amount of the price to be paid for the real estate or its shares.

The broker will submit a sample invoice for approval ten (10) business days prior to the transaction.  The Selling Party or (and) the Buyer undertakes to accept the invoice on the date of receipt or to present its objections also on the date of receipt.  If the Selling Party or (and) the Buyer does not object to the draft invoice on the date of receipt of the invoice, the invoice shall be deemed valid and accepted by the Selling Party or (and) the Buyer.   The invoice can be sent electronically by e-mail and the original by post or handed over personally on the day of the transaction.   An invoice sent electronically has the same validity as the original.

The full amount of the commission is deposited with the notary 8 (eight) working days before the transaction as a security deposit by the seller or (and) buyer.   The confirmation of the deposit of the commission is sent to the broker by the notary 8 (eight) days before the transaction in which the deposit is made.  The broker has the right to choose with which notary the commission is deposited.  Payment of the deposited commission is made if one of the following conditions is met:

  • The transaction amount (sale price) is credited to the seller’s bank account. The seller is obliged to inform the broker and the notary holding the commission in writing about the booking of the transaction amount on the day of booking.
  • The buyer, i.e. the new owner of the property or its shares, provides a confirmation of the transfer or release of the transaction amount from the notarial deposit to the account of the seller. The Buyer is obliged to notify the broker and the notary who keeps the commission on the day of the transfer. The buyer or (and) seller does not inform the broker or notary within 5 working days that a transaction between them has not been completed.
  • The purchaser or (and) seller shall not inform the broker or notary within 5 working days from the day of the transaction that a transaction between them has failed. The amount of the notarial deposit cannot be returned to the buyer or (and) seller until both parties have declared in writing that the transaction has not been concluded.

VAT shall be added to the guaranteed commission payable to the broker at a rate and in a manner that corresponds to the laws in force at the time of issue of a VAT invoice. Set the transaction parties If payments are made in tranches, the broker also receives the remuneration in proportionate tranches on the basis of correctly issued VAT invoices.

In the event that the seller or (and) the buyer, with the seller or (and) the buyer appointed by the broker, directly or indirectly, enters into another type of contract for the transfer of ownership of the property or its shares, a brokerage contract is automatically concluded, and the broker is automatically entitled to a commission. The commission amounts are specified in point 10 of these General Terms and Conditions.

In the event of the sale of a real estate or its shares to the seller or (i) the buyer to whom the broker has made an offer to sell the real estate or its shares, and in the event of the acquisition of such rights by his spouse, temporary, transferred, sibling or first-class to the person designated by the broker and by a legal person, organizational unit or partnership whose partner is the person appointed by the broker, a shareholder or in which he acts as a management or supervisory body or, in the case of a legal person, in the case of acquisition by a member, a member of the body and his or her spouses, provisional, transferring, siblings or related persons of the first degree. 

The parties agree that the broker is entitled to a commission, even in the event of a transaction within 36 (thirty-six) months of the failure of the transaction, termination or expiration of a brokerage contract.

11. Reimbursement of proven expenses

If the desired conclusion of the contract does not come about, the customer is obliged to reimburse the broker for the expenses incurred and proven in the fulfillment of the placed order (e.g. insertion costs, telephone costs, travel expenses, etc.). However, the reimbursement must not exceed 50% of the expected commission.

12. Flat-rate reimbursement of expenses

The broker is entitled to a lump-sum reimbursement of expenses in the amount of 100% of the planned total commission plus VAT if the client continues to violate the contract so severely despite the previous injunction that the broker can no longer be objectively expected to work together.

13. Contractual penalty if the main contract is not concluded

If the broker verifiably arranges a prospective customer and the client does not conclude a main contract with the client, the client must pay the broker a flat rate of 100% of the agreed commission.

14. Commission claim for subsequent cancellation of the main contract

The broker's claim to commission does not lapse if the proven or brokered main contract is subsequently canceled or reversed or canceled by mutual agreement.

15. Consultation clause

Before concluding a main contract, the client undertakes to inform the broker stating the name and address of the intended contract partner. This is to give the broker the opportunity to check whether the main contract has been concluded as a result of his evidence or brokering. Furthermore, the seller grants the broker the right to inspect the land register for a period of 12 months after the main contract has been concluded.

16. Liability, limitation of liability

The broker has not checked the information given to the customer for completeness and accuracy. He has passed on the information he has received from the seller or landlord / lessor or a commissioned third party. It is therefore up to the customer to check the information. The broker assumes no liability for the accuracy of the information.

Liability for negligent behavior of brokers, their legal representatives or vicarious agents is excluded.

17. Limitation

The customer's claims against the broker expire after three years. If the statutory limitation period is shorter in individual cases, this applies.

18. Subsidiary agreements, additional agreements

Each of the contractual partners can request changes to the agreed scope of services from the other contractual partner in writing. Upon receipt of a change request, the recipient will check whether and under what conditions the change can be carried out and immediately notify the applicant in writing of the consent or rejection and give reasons if necessary

19. Severability clause

Should one or more provisions of these terms and conditions or the brokerage contract be invalid or ineffective, the effectiveness of the remaining provisions will not be affected. This also applies if part of a regulation is void or ineffective, but another part is valid or effective. The respectively void or ineffective provision is to be replaced by the one that comes closest to the originally intended and the economic interests of the contracting parties, without contradicting the other agreements.

20. Multilingualism

The legally binding text is the German version.

21. Place of jurisdiction

If the client is a merchant within the meaning of the HGB, the place of jurisdiction is the broker's company headquarters. Otherwise, the legal provisions of the Federal Republic of Germany apply.

AGB

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