GTC

1. The objects of the business are to provide evidence of the opportunity to conclude a contract or to broker a contract for developed and undeveloped real estate, in particular industrial and commercial properties, investment properties, residential buildings, agricultural and forestry real estate as well as residential and commercial premises, in particular office buildings, office floors, stores, production halls and warehouses, as well as companies and investments in companies and their acquisition, management, sale, leasing and other utilization, as well as the brokerage of financing of all kinds, capital investments and tax-privileged investment holdings.
2. All offers are non-binding and subject to change. We assume no liability for their correctness and completeness. All offers and communications are expressly subject to errors and interim utilization. Our offers are intended exclusively for the recipient, to be treated confidentially by him and to be kept secret from third parties, unless we have given our written permission to pass them on.
3. Additional agreements to our written offers require our written confirmation to be effective.
4. If an order is to be placed to verify or broker a purchase contract, the client is obliged to provide the identity data required under the Money Laundering Act (for natural persons: name, place of birth, date of birth, nationality, address; for corporate clients/legal entities: name, place of birth, date of birth, address) before signing the brokerage contract: Name, place of birth, date of birth, nationality, address; for corporate clients/legal entities: Company name, name, legal form, registration number (if any), address of registered office, names of members of the representative body or legal representatives) and to provide a copy of the identity card or extract from the commercial register.
5. A commission of 3.57% (see item 19) of the total purchase price, including all ancillary agreements or substitute transactions associated with the purchase, such as purchase instead of rent or similar, shall be paid by the seller and the buyer for both the brokerage and the verification of a purchase or other acquisition agreement and for the acquisition of undeveloped or developed properties and rights equivalent to real property from a forced sale. In the case of sale on an annuity basis, the purchase price is the cash price plus the capitalized annuity interest (net present value of the annuity). When heritable building rights are created and transferred, the commission is 3.57% including VAT (see section 19) of the purchase price. If such a rate has not been agreed, it shall be replaced, at our discretion, by either 25 times the annual ground rent or the net present value of the leasehold to be calculated. When calculating the net present value, the standard market effective interest rate for mortgage loans with a fixed interest rate of 10 years at 100% payout is to be applied.
6. If, in the case of an offered real estate purchase agreement, business or company shares of the owner company are sold or acquired, or, conversely, in the case of an offer to acquire business and company shares, only the real estate belonging to the company is sold or acquired, the client shall nevertheless owe the broker the commission agreed in accordance with the original order, provided that the company shares/real estate are largely congruent.
7. A commission of 3.57% (see Clause 19) of the loan amount is payable for the brokerage and verification of financing, and a commission of 5.95% (see Clause 18) of the investment amount is payable for the brokerage and verification of capital investments and investment participations.
8. Both the landlord or lessor and the tenant, lessee or authorized user shall each pay a commission of 3 months' rent plus VAT (see Section 19) for the brokerage of commercial rental, lease and comparable usage contracts and for the proof of the opportunity to conclude such contracts for contracts with a term of up to 5 years. For contracts with a term of more than 5 years, a commission of 4 months' rent plus VAT (see Section 19) is payable in each case.
9. If an option right is granted in addition to a rental or lease agreement, the total amount of commission from the rental agreement and option right may not exceed 5 months' rent plus VAT (see Section 19). If an option right is otherwise agreed, we shall receive 2 months' rent plus VAT from both the option provider and the option beneficiary (see Section 19).
10. If a graduated rent is agreed in the cases of Clauses 8 and 9 of these Terms and Conditions, the commission shall be calculated on the basis of the average monthly rent for the entire term.
11. Upon successful letting of residential space, we receive a commission of 2.38 monthly rents incl. VAT from the landlord (see Section 18); we receive a commission of 2.38 monthly rents incl. VAT from the tenant, but only if the proven apartment was not yet in the portfolio.
12. For brokering a right of first refusal, we receive 1.19% (see item 19) of the market value of the entire property from the entitled party, and a further 2.38% (see item 19) of the purchase price if the right of first refusal is exercised.
13. We shall also be entitled to the commission if an economically identical or similar transaction is concluded.
14. We are also entitled to commission if the offeree passes on our offer to a third party and this third party concludes the purchase, acquisition or rental agreement or if the offeree, as the legal or legal representative of a third party, acquires, purchases, rents or leases in his own name. Third parties include spouses, family members and legal entities represented by the offeree.
15. All commissions are earned and due at the time of the legally effective conclusion of the brokered or verified transaction.
16. The Contractor shall also be entitled to work for the other contracting party in return for payment if this activity is limited to the provision of evidence and the Client has been informed of this.
17. Our client is obliged to provide us with all information that we require for the execution of the order, completely and correctly. If we have been awarded a sole mandate, our client undertakes not to engage any other brokers in addition to us during the term of the contract.
18. The client undertakes to submit a copy of the valid energy certificate in accordance with EnEV when placing the order with us. Should the client fail to submit the energy certificate contrary to this express reference to the legal obligation, the client shall indemnify the contractor against any claims by third parties, in particular due to warnings and claims for damages by third parties.
19. VAT is generally charged and calculated according to the applicable VAT rate. In the event of changes to the VAT rate, the rate valid on the due date shall apply.
20. The contractor is obliged by law to participate in a dispute resolution procedure before a consumer arbitration board. The address of the arbitration board is: Ombudsmann Immobilien IVD/VPB - Grunderwerb und -verwaltung, Littenstraße 10, 10179 Berlin. Further information on the arbitration board can be found at www.ombudsmannimmobilien.net. We do not participate in arbitration proceedings at other arbitration boards. In accordance with Directive 2013/11/EU, the European Commission has set up a Europe-wide online dispute resolution platform ("ODR platform") at ec.europa.eu/consumers/odr/. A consumer can use the ODR platform for out-of-court participation in a dispute arising from online contracts with a company established in the EU.
21. To the extent permitted by law, Cologne is agreed as the place of performance and jurisdiction.
22. Should a provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to agree on a valid provision to replace the invalid provision which comes closest to the purpose of the invalid provision.

As at 19.04.2023