1. The following offers are nonbinding and subject to alteration. Errors, omissions, as well as prior sales remain reserved. The offers are made on the assumption that the receiver wants to acquire or use the property. These are strictly confidential and may not be shared with a third party, parties with power of attorney, or principal agent without written consent from Allgemeiner Grund & Boden Fundus. Offenders will be liable for the commission fee.
2. Commission is due if the business that precipitated the brokerage was successfully concluded. The contract must have come through our agency as a result of our presentation. Commission is also due if a contract expires due to outstanding subjects or on the grounds of revocation of the title. The commission is not affected by the fact that the conclusion of the carried out contract is at a later date than what is stated in the contract or other conditions that still lead to a successful transaction.
3. The commission is due following the end of the brokering or verified business. We are entitled to the commission even when the business is concluded with an alternate solution that can still be interpreted as a business success in the frame of the original handlings (such as a rental or lease agreement instead of a sale agreement or reversed, by extending the offer to anyone who has first right of sale).
4. The commission for the purchase or other acquisition contract concerning undeveloped or developed real estate or rights equivalent to real estate is 7.14 % of the total purchase price including 19 % VAT. If we are commissioned by both the seller and the buyer, the brokerage commission for both parties to the purchase contract is 3.57 % of the total price including 19 % statutory VAT. In the case of commercial letting or leasing, 3 cold rents or lease rents plus statutory VAT of 19 %. In the case of a pre-emptive right secured in the land register, calculated from the value of the property, in addition to the normal commission 3.57 % incl. statutory VAT of 19 %.
5. There is no warranty for the validity and integrity of the financial offer.
6. Finding any of the condition(s) invalid does not invalidate the remaining terms and conditions. The invalid condition(s) will be replaced with valid ones providing they take into consideration the purpose of the condition(s) that were deemed invalid respectively.
7. The law of the Federal Republic of Germany, excluding the provisions on the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as part of German law, shall apply.
8. The legal venue for all disputes arising from and in connection with this contract shall be Berlin (Germany), insofar as the customer is a businessperson, a public law entity or a special fund under public law, or treated as equivalent to such, or if its registered office or branch office is outside Germany.