General Terms of Business of NRW Immobilien GmbH
1. Confidentiality
Our information and offers are strictly confidential and only intended for the addressed recipient and our client. On disclosure to third parties without our prior permission in writing, the recipient of our referral or brokerage services is obligated to pay the customary or stipulated commission in the case of the third party concluding a transaction without concluding a brokerage contract with us. Furthermore, additional claims for compensation on our behalf will remain unaffected.
2. Brokerage fees
The following brokerages, unless otherwise agreed upon in the exposé or individually, are to be paid:
Buying and selling:
2.1 On buying and selling properties and land in North Rhine-Westphalia, the buyer and seller are each to pay 3% net plus 19 % VAT, in other federal states and abroad 5% net plus 19 % VAT of the attested amount of all contractual performances (purchasing price, assumed financial burdens, supplements, etc.).
2.2 In the case of projects and assumed general contracts or similar, 3% net plus 19 % VAT of all contractual performances (purchasing price, assumed financial burdens, supplements, etc.) are to be borne by each contractual party.
2.3 In the case of building leases, the buyer and seller are each to pay 3% net plus 19 % VAT, in other federal states and abroad 5% net plus 19 % VAT of the market value of the land and possible existing superstructures.
2.4 The granting of the right of refusal, the right to opt and similar rights (in addition to the brokerage fee according to numbers 2.1-2.3 where applicable), 1% net plus 19 % VAT is to be paid by the beneficiary, calculated on the market value of the object. Renting, leasing, - each to be paid by the tenant or leaseholder, unless otherwise agreed upon in the exposé or individually:
2.5 In the case of contracts with an initial defined period of contract (total period) up to 5 years: 3 monthly rents.
2.6 In the case of contracts with a total period of more than 5 years: 4 monthly rents. If the leaseholder is granted the right to opt - or similar rights to extend the period, the option periods are to be understood as the periods independent of your actual exercising of this, (e.g. 4 years initial period plus 5 years option = 9 years period). Is the leaseholder granted the right to first refusal or the right to lease - or similar rights regarding further areas, these rights are additionally liable to brokerage fees using the brokerage fees stated in this section.
2.7 In the case of living space within the Federal Republic of Germany, a brokerage fee of 2 monthly net rents is due. Included in a monthly rent are, in the sense of numbers 2.5. to 2.7, all contractual and agreed monetary valued contributions excluding consumption costs and additional costs as well as VAT. A monthly rent is, in the case of scaled rent, apart from in the case of living space rent, an average rent during the period. Rent-free periods are not taken into consideration in the calculation.
The brokerage fees stated are to be understood excluding valid VAT. Should an amendment to the law be undertaken, the brokerage fee is correspondingly amended.
3. Entitlement to brokerage fees, date due
Our brokerage fee has been earned as soon as the contract has been concluded due to our mediation and/or proof of this. The brokerage fee is due and payable within 4 days of invoice. Our entitlement to brokerages will remain unaffected by a contract other than the originally planned contract (e.g. renting instead of purchasing or vice versa) insofar as the economic success does not essentially deviate from our offer.
4. Information obligations of the client
We have the right to presence on conclusion of contract; the client is obliged to inform us of time and place in time. The client is obliged to inform us immediately about the conclusion of a main contract that has already taken place and to send us a copy of the contract. Should the client distance himself from his contractual intentions, he is obliged to inform us immediately in writing. In the case of direct negotiations taking place due to our mediation, reference is to be made to our activities. We are to be informed about the content of the negotiations immediately in writing.
5. Previous knowledge of offers
Is the property presented by us known to the recipient, he/she is obliged to inform us within 4 days after receipt of our presentation/exposé including proof of the same.
6. Liability, compensation
Our information and offers are on the basis of information provided by third parties. Unless otherwise agreed upon, we do not examine these and accept no liability. Claims to compensation towards us are excepted apart from in the case of deliberate or gross negligence. This does not apply to damage to life, body or health. Should the client impinge his contractual obligations, we can claim for replacement of the outlays, costs and time efforts arising. The period of limitation raising claims to damage and expenditure replacement is 3 years and commences as of the arising of the claim.
7. Activities on behalf of both parties
We are permitted to also act on behalf of the other contractual party in return for payment. This also applies in the case of our being under sole contract of one party.
8. Fianl provisions
The law of the Federal Republic of Germany is the only law that applies to the brokerage contract. Repeal, amendment to or supplements to these Terms, the brokerage contract or this requirement of written form must be in writing. Cancellations of the brokerage contract are to be explained in writing. Place of fulfillment and court of jurisdiction for fully-qualified traders is Düsseldorf.
If a parts of our Terms or the brokerage contract are or become illegal, the validity of the other provisions will remain unaffected. The ineffective provision or lacking provision is to be replaced by a provision coming closest to the economical interests of the contractual parties not contradicting the remaining provisions. Deviating General Conditions of our client only apply, if NRW Immobilien GmbH has expressly recognized these in writing. They also do not apply, in the case of NRW Immobilien GmbH not expressly contracting them.
Date: 1 March 2008
