Hanseatisches Oberlandesgericht Hamburg

Terms and Conditions

Terms and Conditions

1.            Deals

Our offers are based on information provided by third parties (clients / property owners and other persons authorized to provide information). We are therefore only liable for the correctness and completeness of the information given by us only in the event of wilful or grossly negligent behaviour on our part. Our offers are non-committal and non-binding. Interim conclusion, intermediate sale or rental and errors are reserved.

2.            Passing on information and documents

Our offers are only intended for the recipient / client and are to be treated confidentially by them. A transfer to third parties requires our written consent. If offers / information and documents are passed on to a third party who then concludes a main contract, the recipient is obliged to compensate us for the loss in the amount of the lost commission.

3.            Prior knowledge

If the recipient of our offer already knows or has proven the object named by us, he is obliged to notify us of this immediately, disclosing the source of the information.

4.            Entitlement to commission arises

Our claim to commission arises as soon as a main contract (e.g., notarial purchase contract or rental contract) about the property named by us has been concluded based on our evidence or our mediation. Co-causation is sufficient. If the contract is concluded on terms other than those originally offered, or if it is concluded for another property belonging to the contractual partner we can prove, this does not affect our claim to commission, provided that the business concluded is economically comparable with the intended business. The same applies if a contract other than the one originally planned is concluded (e.g., purchase instead of rent or purchase of leasehold instead of purchase of land). Our entitlement to commission remains independent of the occurrence of a subsequent condition agreed in the main contract. The same applies if the main contract expires due to the exercise of a contractual right of withdrawal, provided this is exercised for reasons for which one party is responsible or for other reasons relating to the person of one party (not the broker).

5.            Repeat business

We are also entitled to commission if in time and

economic connection with the first contract brokered or proven by us, further contractual agreements come about, which are based on the brokerage contract concluded between us.

6.            Due date of the commission claim

Our claim to commission is due upon conclusion of the main contract and is payable within 14 days of invoicing without any deductions. In the event of default, default interest of 8% points above the base rate pa is due.

We are entitled to be present when the contract is concluded. If, however, this takes place without our participation, the client must immediately provide us with information on the essential content of the contract for calculating the commission claim. In addition, the client is obliged to provide us with a copy of the contract upon request.

 

Offsetting against our commission claim is excluded, provided that the offsetting claims are not undisputed or have been legally established.

7.            Commission rates

The commission rates listed below are agreed between you and us when the brokerage contract is concluded and, if successful, are to be paid by you.

a)            Purchase (purchase and sale):

In the case of property purchases, the calculation is based on the agreed.

Total purchase price and all related ancillary services from the value up to 50,000.00 CHF / EUR 8.00%, from the value over 50,000.00 CHF / EUR to 100,000.00 CHF / EUR

7.00 % of the value over 100,000.00 EUR up to 5 million CHF / EUR 6.00%, of the value over 5 million CHF / EUR up to 25 million CHF / EUR 5.00% and of the value over 25 million CHF / EUR 4.00% and is to be paid to us by the customer.

The above-mentioned commission rates are plus the statutory Value added tax.

b)           Leasehold:

The commission rates for purchase and sale apply accordingly in the event of the transfer or order of a building right. The commission to be paid to us by the customer is calculated based on the value of the property and the value of existing structures and buildings.

c)            Transfer of company rights:

The commission rates for purchase and sale also apply accordingly if company shares, or other company rights are transferred instead of the property. The commission to be paid to us by the customer is calculated based on the value of the contract / property.

d)           Purchase and pre-emption rights:

If purchase and pre-emption rights are agreed, the calculation is based on the total purchase price and all related ancillary services - the commission is 1% of this and is to be paid to us by the customer.

e)           Renting and leasing:

  • Commercial rental (rental, leasing, leasing contracts):

  • for contracts with a term of up to 10 years -

  • 3 net monthly rents,

  • for contracts with a term of 10 years or more - 3.5 net monthly rent

  • If a rental option and pre-lease or rental rights are agreed, the commission increases by a net monthly rent.

Any rent-free periods granted are not considered when calculating the commission claim. If a graduated rent has been agreed, the average rent during the agreed term of the contract is decisive as the basis for the commission. If the tenant receives additional benefits in connection with the conclusion of the rental agreement, such as subsidies for the expansion or furnishing of the rental.

 

space, assumption of liabilities from old rental agreements, compensation payments or the like, an additional commission of 3% of the total value of these benefits is owed.

Information on rent only concerns the rent and not additional costs and deposit, which are to be paid additionally.

The commission rates are increased by the statutory value added tax.

8.            Acting on behalf of third parties

We are entitled to also act for the other part of the main contract against payment or free of charge.

9.            Limitation of Liability

Our liability is limited to intent and gross negligence, if the customer does not suffer any harm to life, body, or health because of our behaviour.

10.          Statute of limitations

The limitation period for all claims for damages by the customer against us is 3 years. It begins at the point in time at which the damaging event occurred. However, should statutory statute of limitations lead to a shorter statute of limitations for us in individual cases, these shall apply.

11.          Place of fulfilment and place of jurisdiction

Place of fulfilment, place of jurisdiction, applicable law Place of fulfilment and place of jurisdiction is Zug.

Swiss law applies exclusively to the legal relationship with the customer.

12.          Partial ineffectiveness

Should individual regulations of our general terms and conditions be or become ineffective, the effectiveness of the remaining regulations remains unaffected. The statutory provisions take the place of any ineffective or void provisions.