General Term and Conditions of the Langer Immobilien GmbH & Co. KG
GENERAL TERM AND CONDITIONS of the Langer Immobilien GmbH & Co. KG, Weydingerstraße 14-16, 10178 Berlin-Mitte
§ 1 Referral activity/ Entitlement to commission
The conclusion of the agreement or preliminary agreements by our direct or indirect activity justify the entitlement to the commission for the real estate agent.
Should the agreements or prior agreements conclude on a later occasion or under other conditions, this means, shall a rented property be sold or a property for sale rent or as a result of judicial enforcement, the entitlement to commission will be equally valid.
After submitting an offer and/or during negotiations we are ready to act as intermediary for our client and offeree.
The claim to commission remains valid even if the concluded agreement is effectively appealed against, is rescinded, null or one party decides to rescind the agreement and in case the agreement shall not be carried out as a whole or in parts.
§2 Commission clause
The commission of the real estate agent complies with the common rates in Thuringia and is due when the contract is concluded and immediately payable.
- Buy and sale of real estates, based on the total purchase price comprising all the services the seller committed itself to: from buyer 7,14% including VAT.
Notwithstanding this, in exceptional cases as being abroad for business and the therefore existing effort a clause of excess proceeds could be arranged.
For the mediations or the evidence of an interested buyer the real estate agent shall be entitled to a surplus proceeds on the agreed purchase price, if the real estate agent achieves to sell the property for a higher price as the seller and real estate agent agreed.
The commission shall be paid by the seller as soon as the buyer finally has paid the surplus proceeds or deposited it by the notary.
- Buy and sale of companies or actions in companies, calculated on the basis of the property value and existing buildings: 7.14% from property tenant, including VAT.
- Leasehold, calculated on the basis of the property value and existing buildings: 7.14% including VAT from leaseholder.
- Preemption right, calculated on the market value of the estate or object: from the authorized person 1.19%, including VAT.
- Renting or leasing to be paid by the tenant or leaseholders and landlord or lessor:
- By residential tenancy agreements: 1.785 monthly rents each, included VAT as minimum fee.
- By commercial lease agreements under 5 years: at least 2.38 monthly rents, including VAT as minimum fee.
- By commercial lease agreements over 5 years shall be paid the 3.57% of the rental payments succeeded during the total duration of the agreement, not exceeding the tenfold year hiring sum but at least 2.38 basic monthly rents including VAT.
- Right of first refusal or right of choice, independent from the agreed duration: 1.785 monthly rent, including VAT. All previous clauses are subject to the current VAT.
- By a withdrawal from a signed rental or purchase commitment, the lessor shall be entitled to demand an expense allowance in the amount of a half basic rent including VAT or in case of a purchase commitment as defined below:
Purchase price under 10.000€ corresponding to a 4,76 %, including VAT
Purchase price over 10.000€ corresponding to 2,38 % , including VAT.
The term „ monthly rent“ refers to the rent per month itself, excluding the additional costs (electricity, water, heating).
- Intermediations of constructions contracts or services to be paid by the contractor: calculated on the basis of the contract value of the total volume of the mediation, 7.14%, including VAT.
- Delay of payments and payments defaults will be charged as default interests at a rate of 8% above the respective discount rate of the German National Bank or European Central Bank.
§ 3 Offers
Our offers are prepared according to the specifications received from our client. All details are provided according to the best of our knowledge, however there’s no guarantee for its correctness. We cannot accept any liability for the achievement of economic objectives. All offers are non-binding and subject to confirmation.
§ 4 Unauthorized disclosure
The offer is only for the receiver. If the offer is passed on to a third party without our written consent, the addressee of the offer will be held liable for all damages we incur.
§ 5 Direct negotiation/ Disclosure obligation
We shall be immediate informed of every negotiation between both parties taken place during the mediations procedure. In this case we remain ready to mediate for the vendor and offeree. After the conclusion of the agreement the vendor and offeree shall notify on demand the contracting party or the third party,if any, or submit a copy of the agreement.
§ 6 Commission to the opposing party
We expressly reserve the right to act subject to commissions on behalf of the other contractual party.
§ 7 Foreclosure
Supporting actions by foreclosure sales shall be offered without commission to the bidder and they shall be agreed between the bidder and real estate agent. Claims or demands of the bidder shall hereby be excluded.
§ 8 Cancellation policy
You are entitled to conclude the agreement in the first 14 days without giving any reason. The withdrawal period is two weeks from the day of conclusion of the agreement.
In order to exercise the right of withdrawal, you shall contact us (Langer Immobilien GmbH & Co. KG, Edith + Günther Langer, Weydingerstraße 14-16 / 10178 Berlin, Tel.: 030 24009830, Email: berlin@langerimmobilien) by fax, post or email to inform us about the decision of withdrawing this agreement.
The timely despatch of the revocation shall be deemed sufficient for compliance with the revocation period.
Consequences of withdrawal
After having withdrawn the agreement, any payment received shall be refunded immediately in the next fourteen days after having received and processed your withdrawal. Any refund will be automatically issued to the payment method you chose, unless a different method was explicit agreed. The withdrawal will not be charged with any fee. If the client required our service to start during the withdrawal period, he shall pay the amount corresponding to the service we offered until the withdrawal of the agreement.
§ 9 Final clauses
Should these terms as a whole or in parts be or become ineffective, this will not affect the effectiveness of the regulations as a whole or of individual parts, rather should the ineffective clause be completed by one that best replaces its intended economic purpose.
Place of fulfilment and court of jurisdiction is Berlin, May 2015.