Terms and conditions

General Terms and Conditions of Business of RICHERT & OERTEL IMMOBILIEN GmbH

The brokerage activities of RICHERT & OERTEL IMMOBILIEN GMBH are based on these terms and conditions unless agreed otherwise in the individual case concerned (in the absence of any provisions to the contrary: at least in writing) and are an integral part of every brokerage contract and shall apply to the exclusion of any terms and conditions of business the client may have.

I. Conclusion of contract, term of contract, activity for the other party to the contract too

A brokerage contract does not require any special form to become effective. It comes into force either by the express statement of the two parties (offer and acceptance) or implicitly as soon as the client uses our services that are subject to the payment of commission. Unless here or in other agreements or documents something else is obviously meant, the broker's commission or fee is also designated as the (broker's) remuneration. Unless otherwise provided, the brokerage contract is of unlimited duration and can be terminated by both parties at any time by way of notice being given. The duty to pay for brokerage services provided before the termination of the brokerage contract remains unaffected if remuneration is due for these services because a main contract has been concluded.

We are entitled to become active free of charge or in return for payment for the other party to the main contract too.

II. Offers

Our offers are based on information provided by the property owner, seller or landlord or any other informant. We do not guarantee its accuracy and completeness. Our offers are subject to confirmation and are non-binding. The right to modifications, errors and sale/lease to another client is herewith reserved. Any figures and drawings may possibly be only similar and/or not true to scale. Sales exposés are to serve exclusively as preliminary information. The offer does not go beyond the content of a purchase or tenancy/lease contract concluded at a later point in time.

III. Passing on of information and documents

Our offers are only intended for the specific recipient (client) in person and must be treated confidentially by him. They may only be passed on to third parties with our prior written approval. The client owes the remuneration even if he determines a third party, in particular a person who is legally or economically related to him, to be the main contracting party or if the client acts on behalf or in the interests of a third party who then concludes a main contract. If information and/or documents are passed on to a third party without permission, who in turn passes on information and/or documents for this purpose, the client is obliged to pay damages amounting to the remuneration we lose as a result of his failure to comply with his duties.

We are entitled to consult third-party brokers and make information required to execute a brokerage order placed with us available to them.

IV. Prior knowledge, abandonment of the intended transaction

Should the client already know of the transaction opportunity for concluding a main contract about which we inform him, he is obliged to advise us of this in writing without delay, revealing his information source. Should the client abandon the transaction intent he communicated to us, he has to inform us. In the event that a client culpably violates his obligation to furnish proof of prior knowledge that he may have or to inform us about the abandonment of his transaction intention, the client is obliged to pay damages amounting to the loss that we verifiably incur as a result of his failure to comply with his duties.

V. Arising of the entitlement to remuneration

Our entitlement to remuneration arises as soon as a main contract such as a purchase agreement or a tenancy/lease agreement is concluded for the property on the basis of information specified by us or brokerage activities provided by us. Contribution to the process is sufficient for this to apply.

If the contract is concluded on conditions other than those originally offered or if it is made for a different property of the contracting party specified or brokered by us, our entitlement to remuneration remains unaffected, subject to the resulting transaction being financially comparable with the intended transaction.

The same applies if a contract other than the one originally intended is agreed and concluded (purchase instead of renting, or acquisition of hereditary building rights (Erbbaurecht) instead of purchase of land). Our entitlement to remuneration also remains unaffected irrespective of the occurrence of a condition subsequent agreed in the main contract. The same applies if the main contract is voided by the exercise of a contractual right to withdraw from the contract subject to it being exercised for reasons for which one of the parties is responsible, or for other reasons which lie in the person of one of the parties (not the broker).

VI. Follow-on transactions

We are also entitled to remuneration if further contractual agreements arise in close chronological and financial connection to the first contract brokered by us and/or for which we provided the information, based on the brokerage contract we concluded with the client and the services provided by us as a result of this.

VII. Due date for payment of remuneration, exclusion of right of offset

Our entitlement to remuneration becomes due upon conclusion of the main contract and is payable without any deduction within 14 days of invoicing. Any resulting damage but at least the statutory default interest is payable in the event of arrears. We are entitled to be present when the contract is concluded. If, however, the contract is concluded in our absence, the client has to inform us about the main content of the contract without delay to allow us to calculate our remuneration entitlement and send us a complete copy of the main contract and all supplementary agreements to this on request. Offsetting against remuneration receivable by us is only permissible inasmuch as the claims concerned have been admitted or recognized by declaratory judgement.

VIII. Seller or landlord as client

If the client offers a property, he is obliged to furnish us with complete and correct information about all property aspects and circumstances that are essential for a purchaser or tenant/lessee as well as about the contractual terms and conditions.

We are entitled to make documents, data and information furnished to us available to interested parties within the scope of the brokerage order placed with us and to use these to advertise the property.

IX. Remuneration rates (broker's commission)

A broker's commission is always payable in connection with our offers unless otherwise expressly specified or agreed in writing.

Unless otherwise specified in the sales exposé or agreed in writing, the remuneration rates listed below are considered as having been agreed upon conclusion of the brokerage contract and are payable by the client in case of a successful outcome as soon as the main contract becomes effective. Any modification of the assessment basis (such as a reduction of the purchase price) occurring after conclusion of the main contract does not affect the amount of the remuneration.

1. Purchase and sale:
For all purchase and sale transactions, the calculation is to be based on the agreed total purchase/selling price plus all other considerations and ancillary services (value). The following purchase and sale remuneration rates include sales tax (VAT).

a) Remuneration from the purchaser of a property: the remuneration to be paid by the purchaser is 9.52% for a value up to EUR 50,000.00, 8.33% for a value of more than EUR 50,000.00 up to EUR 100,000.00, 6.96% for a value of more than EUR 100,000.00 up to EUR five million, 5.95% for a value of more than EUR five million up to EUR 25 million and 4.76% for a value of more than EUR 25 million.

b) Remuneration from the seller of a property: the remuneration is based on the individual brokerage contract; it is 3.57 % in the absence of a contract.

2. Hereditary building rights (Erbbaurecht):
The aforementioned remuneration rates for purchase and sale transactions apply mutatis mutandis to the transfer or acquisition of hereditary building rights. The remuneration to be paid to us by the purchaser is calculated on the basis of the value of the plot and the value of existing structures and buildings.

3. Transfer of company rights:
The aforementioned remuneration rates for purchase and sale transactions apply mutatis mutandis to the transfer of company shares or other company rights. The remuneration to be paid by the purchaser is calculated on the basis of the assets of the company (section 266 subsection 2 HGB) under due consideration of the acquired interest in the company, however, at least on the basis of the unencumbered market value of the real estate included, each relating to the time at which the main contract is concluded.

4. Optional purchase rights and pre-emption rights:
If optional purchase and pre-emption rights are agreed, the remuneration is calculated on the basis of the total purchase price foreseeable at the time of conclusion plus all ancillary services connected therewith and amounts to 1.19 % of this inclusive of sales tax (VAT) and is to be paid to us by the purchaser of the rights.

5. Renting out and leasing:
General provisions: the rent that is relevant for calculating the remuneration is the average net cold rent agreed for the term of contract under due consideration of a sliding scale but without consideration of any indexation. The term of contract is the minimum term without taking any option rights and special rights to give notice into account. The value of the contract is the rent that is payable over the term of the contract.

a) Residential rentals:

The remuneration payable by the landlord is 2.38 net monthly rental payments inclusive of sales tax (VAT). Only in the event that the tenant/lessee has placed an effective order pursuant to section 2 subsection 1a of the act on brokering residential rentals, the tenant/lessee may also owe remuneration on the basis of this brokerage contract.

b) Commercial rentals (tenancy, lease agreements):

All remunerations listed below are plus sales tax (VAT).

(1) Remuneration to be paid by the landlord of commercial space: the remuneration is 3.5 % of the value of the contract for contracts with a term of ten or more years. The remuneration is three monthly rental payments if the term of contract is shorter.

(2) Remuneration to be paid by the tenant/lessee of commercial space: the remuneration rates for tenants/lessees are the same as those for landlords. If the tenant/lessee is granted an additional rental option in the case of a term of contract of less than ten years that results in a total term of ten or more years for him, the remuneration payable is the same as for a ten-year term. In the event that a rental option allowing a total term of less than ten years or pre-emptive rental rights or rights of first refusal on renting are agreed, additional remuneration amounting to one monthly rental payment becomes due. Other services of the landlord (such as subsidies, assumption of accounts payable, compensation), evenly distributed over the term, increase the respective assessment basis for the broker's remuneration.

X. Liability

We are liable without limitation for damage caused intentionally and for damage to life, limb or health attributable to a negligent breach of duty, also on the part of a statutory representative or a vicarious agent. In the case of damage to property and assets caused by negligence, we, our statutory representatives and vicarious agents are only liable for the breach of a cardinal contractual obligation, however for an amount limited to that payable for damage of a contractually typical nature foreseeable at the time of contract conclusion. All other liability is excluded.

XI. Period of limitation

Claims against us for breach of duty or contract fulfilment are subject to the statutory limitation period. The period of limitation for all other claims against us is one year from the beginning of the statutory limitation period.

XII. Place of performance, place of jurisdiction, applicable law, legal succession

The place of performance and jurisdiction for registered traders is Dresden. These general terms and conditions of business are to be governed exclusively by German law. All our contractual agreements are also effective for or against any successors of one of the parties.

XIII. Partial invalidity

Should individual provisions in our general terms and conditions of business or other contractual agreements be or become invalid, the validity of the other provisions remains unaffected by this.

Information for consumers:

Link pursuant to article 14 section 1 directive (EU) 524/2013 to the platform of the EU commission for the online dispute resolution of consumer disputes: ec.europa.eu/consumers/odr
Information pursuant to section 36 subsection 2 no. 2 of the German Consumer Dispute Resolution Act: we do not participate in arbitration proceedings before a consumer arbitration body or a universal arbitration body, nor are we obliged to participate in such.

(rev.2016-II)

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