General Terms and Conditions (AGB) Haus Kentrop GmbH
Our offers are based on the information provided to us; this information is provided to the best of our knowledge and belief. They are subject to change and non-binding. Errors, prior sale or prior rental are reserved.
2 Passing on of information and documents
Our offers and communications are intended only for the customer, are to be treated confidentially by the customer and may not be made accessible to third parties. If the customer passes these on to third parties and if the third party concludes a main contract on the basis of this, which would be subject to commission according to these conditions, the customer undertakes to pay the commission on the basis of these conditions. Any further claim for damages due to unauthorised disclosure of information remains unaffected.
3 Intermediary Brokers and Joint Businesses
We are entitled to commission further persons and to transfer a part of the commission to them. Upon request, we will disclose whether, to whom and in what amount such payments are or were made.
4 Origin of the commission claim
Our claim for commission arises as soon as a main contract concerning the property or customer named by us has been concluded on the basis of our proof or our mediation. In this case, contributory causation of our activity is sufficient. If the main contract is concluded under conditions other than those originally offered or if it is concluded via another property of the contractual partner named by us, this does not affect our claim to commission, provided that the transaction that has come about is economically identical to the transaction offered by us or deviates only insignificantly from the transaction offered in terms of its economic success. The occurrence of a resolutory condition agreed in the main contract shall not affect our claim for commission. The same shall apply if the main contract expires through the exercise of a contractual right of withdrawal, provided that this right is exercised for reasons for which one party is responsible or for reasons which lie within its area of responsibility. The claim for commission remains unaffected in the event of subsequent invalidity of the main contract for reasons that are not within the broker's area of responsibility. The claim to commission arises in particular in the case of purchase instead of rent, acquisition of business shares instead of property and vice versa, heritable building right instead of purchase as well as exchange instead of purchase or rent.
5 Due date of the commission claim
Our commission claim is due upon conclusion of the main contract. The commission is payable within 10 days after invoicing without any deduction. If the main contract is concluded without our participation, the customer is obliged to inform us immediately about the essential content of the main contract. Furthermore, the customer is obliged to provide us with a simple copy of the main contract.
6 Commission rates
The following commission rates apply for our activities between the customer and us and are to be paid to us by the customer upon the accrual of the commission claim in accordance with Section 4. The commission rates are understood to be exclusive of VAT.
In the case of land purchases, the calculation is based on the agreed total purchase price and all associated ancillary services of up to €5 million 5%, of between €5 million and €25 million 4% and of over €25 million 3%.
6.2 Heritable building right
In the case of the creation or transfer of hereditary building rights, the calculation is based on the value of the land and the value of existing superstructures and buildings of a value of up to €5 million 5%, of a value of between €5 million and €25 million 4% and of a value of over €25 million 3%.
6.3 Transfer of corporate rights
In the case of transfer of shares or other corporate rights, the calculation is based on the contract value of up to €5 million 5%, of the value of between €5 million and €25 million 4% and of the value of over €25 million 3%. Contract value within the meaning of this provision is the respective cumulative value of unencumbered land and buildings.
6.4 If, with regard to the land sold in the cases mentioned under 6.1 to 6.3 above, contractual agreements or other arrangements exist which relate to the economic exploitation of the land - i.e. in particular, but not conclusively, general contractor agreements, general contractor contracts, all construction and architectural services - (project planning), the economic value of this project planning is added to the agreed land purchase price, the value of the heritable building right or the contractual value in the case of the transfer of company rights when calculating the commission.
6.5 Right of purchase and right of first refusal
If purchase and pre-emption rights are agreed, the commission shall amount to 1% of the determined value. The value is calculated on the basis of the total purchase price and a
6.6 Letting and leasing of office / industrial space
The net monthly rent is the net rent without advance payment of service charges, without VAT.
For contracts with a term of less than 5 years, the commission is 3 net monthly rents.
For contracts with a term of 5 years and more, the commission is 3.5 net monthly rents.
If options are agreed - even if their exercise is still uncertain - with regard to area or term or in the case of pre-letting agreements, irrespective of the agreed fixed term and of the above commission rates, the commission shall be increased by a further gross monthly rent.
For the determination of the commission amount according to the above provisions, the average monthly rent payment calculated from the total fixed term of the rental agreement is taken as the basis for the gross monthly rent if a graduated rent is agreed upon.
Periods during which no rent or a reduced rent is payable are not taken into account.
The above provisions shall apply accordingly upon conclusion of a lease agreement.
6.7 Letting and leasing of shop space / retail trade
The net monthly rent is the net rent without additional costs, without VAT.
Regardless of the term, the commission is 3 net monthly rents.
In the case of agreements on options and prior rental rights, even if their exercise is still uncertain, the commission shall increase by one further net monthly rent in each case, irrespective of the above commission rate.
For the determination of the commission amount according to the above provisions, the net monthly rent is based on the average rent over the entire term of the rental agreement or the option period. Periods during which no rent or a reduced rent is payable are not taken into account.
In the case of compensation or redemption payments to the Landlord or other third parties (e.g. redemption for rights and claims, furnishings, goods), the commission shall increase by a further 5% from the agreed compensation or redemption amount, irrespective of the above commission rates.
The brokerage fee is calculated on the basis of the purchase price or the net rent as well as all services that can be attributed to a change in the purchase price or the net rent. These include, among other things, renovation, refurbishment, inventory services, taking over employees and objects, and so on.
Section 7 Proof
If the addressee is aware of a proven opportunity to conclude a contract, he must inform the information centre immediately and disclose this. The addressee of an offer, who already knows the offered sale or rental object or a customer, is obliged to inform us immediately - at the latest within 3 days - in writing. If he/she fails to do so, he/she is obliged to pay the agreed commission in the event of a contract being concluded for the property or customer shown in the offer.
8 Activities for third parties
We are also entitled to act for the other contractual party of the main contract, either against payment or free of charge.
Section 9 Liability
Our liability for any damages is limited to the amount of the commission due and accrued in accordance with the above clause 6. The upper limit of liability does not apply to damages caused by gross negligence or intent or to damages resulting from injury to life, body or health. We are not liable for the correctness and completeness of the information and documents provided to us by the customer and/or his advisors. Within the scope of our contractual obligations, however, we shall draw the customer's attention to any inaccuracies that we discover in this information and / or documents. Furthermore, we shall not be liable for damages caused by cyber attacks (e.g. virus, Trojan horse, etc.) if the implementation of appropriate technical and organizational measures was available at the time of the event. Our liability for loss of profit is excluded. The customer will only pass on reports, other deliverables or work results from us to third parties with our prior written consent. Any claims for damages shall become statute-barred within 3 years after the claim has arisen.
10 Publication and advertising
Should the customer make a press release and/or other publication in connection with the transaction, we will be named there as transaction advisor. If the publication is made by the customer's main contractual partner, the customer will work towards the naming. Otherwise we are entitled to issue our own press release or other publication.
The customer agrees to the use of e-mails within the scope of the business relationship and, revocable at any time, to the transmission of advertising.
The customer agrees that we may use the business relationship with the customer and / or the subject matter of the contract as a reference.
11 Data Protection
Information on the handling of your personal data, in particular the purposes for which we process your data, as well as your rights of data subjects and contact persons, can be found in our data protection notice at www.hauskentrop.de
12 Customer identification
The customer is aware that we are obliged to identify our customers under the Money Laundering Act (AMLA). In addition, the AMLA obliges clients to provide us with the necessary information and documents for this purpose and to notify us immediately of any changes that arise in the course of the business relationship. In the event that the customer does not comply with his obligations to cooperate in the identification process as required by the AMLA, we are entitled to terminate the contract without notice. A possible claim for commission remains unaffected by this.
13 Energy certificate according to EnEV
The customer shall provide us with a copy of a valid energy pass at the latest when marketing begins. Should we be warned or claimed against due to missing or incorrect information regarding the energy pass, the customer assures us of indemnification.
14 Tax advice
We do not provide tax advice and do not assume any liability for tax consequences after a real estate transaction.
15 Applicable law / Place of jurisdiction
The law of the Federal Republic of Germany applies exclusively. The place of jurisdiction for registered traders is Hamm.
16 Partial invalidity
Should individual provisions of our general terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. Any invalid or void provisions shall be replaced by the statutory provisions.