These terms do not apply to tenancy brokerage within the meaning of the German Housing Agency Act (Wohnungsvermittlungsgesetz), but otherwise apply to every agency instruction you give us, unless we have expressly agreed otherwise.
1. Amount of commission
a. The commission rates stated in the particulars, introductions or on our website apply. Unless otherwise noted or agreed there, we usually charge for introducing and/or brokering:
i. on conclusion of a purchase contract for land or buildings, the buyer a commission of 7.14% of the notarised purchase price including statutory VAT (equivalent to 6% plus VAT).
ii. on conclusion of a commercial lease, the tenant 3.57 months’ net cold rent including statutory VAT (equivalent to 3 months’ rent plus VAT).
iii. Otherwise the locally customary commission under section 653 of the German Civil Code (BGB) applies. In Berlin the rates above are currently customary.
2. When commission is due
The commission becomes due when the purchase or tenancy contract we have introduced and/or brokered is legally concluded. Unless otherwise agreed, it is payable within 14 days of invoice. After those 14 days you are in default without a reminder being required.
3. Acting for both parties
Our work may also include acting for the other party as well – for example if we market several properties for an owner, introduce buyers to them, and then broker a purchase of one of those properties for you as one of those buyers.
4. Exclusive information
a. The particulars we send and all other data our client receives from us are protected. Our offers and communications are intended solely for the client personally and must be treated as confidential. Passing them on to third parties is not permitted unless we have given express consent at least in text form (section 126b BGB).
b. If our information is passed on without authorisation to a third party and that third party concludes the main contract, we are entitled to the locally and commercially customary commission from you. The same applies if the information is passed on by a company legally or economically connected with the client, by close family members of the client, or if a company connected with the third party concludes the contract.
5. Particular duties of the client and damages
a. Our client must tell us without delay if they have given up the intention to sell, let, buy or rent.
b. We may claim reimbursement of wasted expenses incurred in the course of our work if the client could have avoided them by giving us timely notice. This includes in particular viewings or notary appointments that were arranged but not attended and not cancelled in time, and cases where expenses were wasted because the client did not tell us they had given up the intention to conclude a main contract.
c. When calculating such wasted expenses we usually apply an hourly rate of €150 per member of staff and, where applicable, a call-out fee of €20 up to 15 km, and €1.30/km beyond that. Proof that a lower cost or none at all was incurred remains open.
d. The statutory rules on consumer cancellation in the event of a withdrawal under sections 312b or 312c BGB remain unaffected. Cancellation and any compensation for value are governed by sections 312 ff. and 355 ff. BGB.
6. Liability
a. Our particulars are based on information given to us by the owner, seller or landlord; we cannot accept liability for its accuracy or completeness.
b. Our particulars contain no warranties or guarantees on which liability could be based; they merely reproduce the features and circumstances described to us by the seller or landlord. Making further enquiries of our own about the property is not a cardinal duty of the agent.
c. Our liability for loss suffered by the client is limited to intent and gross negligence. Liability for loss of profit is excluded. These limitations do not apply where the client’s claim is based on a culpable breach of a cardinal duty – meaning an essential contractual duty whose fulfilment makes proper performance of the agency contract possible at all and on which one may therefore regularly rely. Also excluded from the limitation in sentence 1 is loss arising from injury to life, body or health caused by a negligent breach of duty or by an intentional or negligent breach of duty by our representatives or vicarious agents.
d. For tax and legal advice we recommend consulting a tax or legal specialist. Any comments our staff or agents may make in this regard are non-binding and intended only as a starting point for further discussions with the relevant specialists.
7. General and place of jurisdiction
Conflicting terms and conditions are hereby rejected. The place of jurisdiction between merchants is Berlin. German law applies.