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General Terms and Conditions

Terms and conditions for our services

The following General Terms and Conditions govern the cooperation between WEKEYS IMMOBILIEN and their clients in the context of brokerage services.

1. Forewords

WEKEYS IMMOBILIEN GmbH (hereinafter referred to as the „Agent“) operates as an entrepreneur within the meaning of Section 14 of the German Civil Code (hereinafter referred to as „BGB“) in its capacity as a real estate agent within the meaning of Sections 652 et seq. BGB for remuneration (commission). The company assures that it possesses the legally required qualifications to operate an agency. These T&Cs are the subject of an oral or written agency agreement.

2. Scope

The following General Terms and Conditions apply to all contracts and legal transactions between the estate agent and the client. For the purposes of this contract, the customer may be the seller of a property, the buyer, the landlord or the tenant, who is referred to as the person seeking accommodation in accordance with the provisions of the ordering principle. Where reference is made to a main contract, this refers to a purchase, rental or lease agreement. Insofar as individual contractual provisions exist that deviate from or contradict the provisions of this agreement, the individual contractual provisions shall take precedence.

3. Formation of the Brokerage Contract

The written form is not required for the conclusion of the brokerage agreement. The brokerage agreement can also be concluded in a legally effective manner by the broker offering a property for sale (e.g. Internet, newspaper, notice board), being recognisable as a broker, quantifying his commission claim in the event of success and an interested party contacting him to request services from him (e.g. exposé). In this case, the brokerage contract is concluded verbally and implicitly. In the case of a rental property, if a commission claim is to arise against the person looking for a flat, a search request from the person looking for a flat is required in text form for the conclusion of a brokerage contract. The implied conclusion of a brokerage agreement between a flat seeker and a broker is not possible. The brokerage agreement between a landlord and a broker is concluded when the landlord places the order and the broker accepts it. If a written brokerage agreement has been concluded or if individual agreements have been made, the agreements stated therein shall take precedence over these GTC.

1. Forewords

4. Mutual Obligation

The parties shall endeavour, to the best of their knowledge and belief, to support the other party in the performance of its obligations by providing information, advice or experience in order to enable both parties to work smoothly and efficiently.

5. Seller's Authority

The seller authorises the estate agent to inspect the land register, all official files and the condominium administrator to exercise the rights to which he is entitled as a condominium owner.

6. Previous knowledge

The customer recognises the broker's offer as the cause for the conclusion of the main contract. If the property offered is already known, the customer is obliged to object immediately, at the latest within three working days, stating the source. A letter, e-mail or fax to the estate agent is sufficient for this purpose. If the customer does not object, he/she is then barred from claiming prior knowledge. In the event that a main contract is concluded, the customer shall be obliged to pay the respective broker's commission plus VAT.

7. Prohibition of disclosure of information

All information that the client receives from the broker is intended solely and exclusively for the client. He is therefore expressly prohibited from passing on any information to third parties without the broker's written consent. If the customer breaches this obligation and a third party to whom he has passed on the information concludes a main contract with the broker's client, the customer shall be obliged to pay the broker compensation in the amount of the agreed commission plus VAT.

8. Dual agency of the broker

In the case of a purchase agreement to be brokered, the broker may act on behalf of both the seller and the buyer subject to commission. In the case of a rental agreement to be brokered, the broker may only work for either the landlord or the tenant and is only liable to pay commission.

9. Substitute transaction, follow-up transaction

If, instead of the originally intended transaction, another main contract for another property is concluded between the broker's client and the broker's customer or a bid is accepted by way of forced sale, the customer shall nevertheless be obliged to pay the commission to the broker. The same applies if, in the course of contact with the broker's client and the broker's customer, further properties of the client become known within 12 months and the broker's customer acquires, rents or leases one or more of these properties. If a commission has been agreed with the client, the client is also obliged to pay the commission to the estate agent in this case. This regulation also applies if a rental or lease agreement is concluded instead of a purchase agreement or vice versa.

10. Estate agent's commission

The commission rate stated in the advertisement or exposé applies. Our commissions are negotiable. Generally, these are…
* For residential rental properties: 2.38 monthly rents including VAT; for instalment rent agreements, the average monthly rent over the total term will be calculated.
* for commercial rental properties:
– for a lease term of less than 5 years, the commission is 2 months’ rent including service charges plus 19% VAT (= 2.38 months’ rent)
With a term of more than 5 years or indefinite, the commission is 3 monthly rents including ancillary costs plus VAT (= 3.57 monthly rents).
– if extension option rights are agreed, the commission is increased by a further monthly rent including ancillary costs plus VAT (= 1.19 monthly rents).
* For properties for sale: a minimum of 4.76% of the notarial sale price (including VAT) payable by the buyer.
* where rights of first refusal and pre-emption have been agreed: 1.19% of the value determined by the party entitled to pre-emption, inclusive of VAT. This value is calculated on the basis of the total purchase price plus any associated ancillary costs
* For the registration and transfer of leasehold rights: 3.57% (including VAT) payable by the transferee. The basis for calculation is the value of the leasehold. This value is calculated from the ground rent due during the term of the leasehold agreement, using a discount rate equal to the respective ECB base rate.
* In the case of the transfer of company shares or other corporate rights: 3.57% of the value of the share or shares to be transferred, payable by both the transferor and the transferee, inclusive of VAT. The value of the company share shall form the basis for calculating the share value. Should a different fee be agreed in a written brokerage contract, that fee shall be deemed to have been agreed.

The commission claim arises as soon as a purchase, rental or lease agreement is concluded on the basis of the broker's evidence or mediation. The broker's commission is due upon conclusion of the main contract (purchase, rental or lease agreement).

11. Reimbursement of proven expenses

If the desired contract is not concluded, the customer is obliged to reimburse the broker for the proven expenses incurred in the fulfilment of the order placed (e.g. insertion costs, telephone costs, travel expenses, etc.). However, the reimbursement may not exceed 25 % of the expected commission. This does not apply to the commission of a person seeking accommodation. In this case, the flat-rate reimbursement of expenses is limited to €25.

12. Flat-rate expense reimbursement

The estate agent is entitled to a lump-sum reimbursement of expenses amounting to 10 % of the intended total commission plus VAT if the client continues to violate the contract so seriously that the estate agent can no longer be objectively expected to co-operate despite a previous request to cease and desist. This does not apply in the case of an order from a person looking for a flat. In this case, the flat-rate reimbursement of expenses is limited to €25.

13. Penalty clause on failure to conclude the main contract

If the estate agent demonstrably arranges for a prospective buyer who is willing to enter into a contract and the client does not conclude a main contract with this buyer, the client shall pay the estate agent a lump sum of 10 % of the agreed commission. This does not apply in the case of an order from a person looking for a flat.

14. Right to Reimbursement upon Subsequent Rescission of the Principal Contract

The broker's commission claim shall not lapse if the proven or brokered main contract is subsequently cancelled or rescinded or cancelled by mutual agreement.

15. Query Clause

Before concluding a main contract, the client undertakes to inform the broker of the name and address of the intended contractual partner. This is intended to give the broker the opportunity to check whether the main contract has been concluded as a result of his brokerage activities. Furthermore, the seller authorises the estate agent to inspect the land register for a period of 12 months after conclusion of the main contract.

16. Liability, Limitation of Liability

The estate agent has not checked the information passed on to the client for completeness and accuracy. He has passed on the information that he has received from the seller or landlord/lessor or an authorised third party. It is therefore the customer's responsibility to check the information. The estate agent accepts no liability for the accuracy of the information. The agent's liability is limited to grossly negligent or wilful behaviour.

17. Statute of limitations

The customer's claims against the broker shall lapse after three years. Should the statutory limitation period be shorter in individual cases, this shall apply.

18. Ancillary agreements, additional agreements

Each of the contracting parties may request changes to the agreed scope of services from the other contracting party in writing. Upon receipt of a change request, the recipient shall check whether and under what conditions the change is feasible and shall immediately notify the applicant in writing of the approval or rejection and, if necessary, give reasons.

19. Severability Clause

Should one or more provisions of these GTC or the brokerage agreement be void or ineffective, this shall not affect the validity of the remaining provisions. This shall also apply if one part of a provision is void or ineffective, while another part is valid or effective. The invalid or ineffective provision shall be replaced by a provision that comes closest to the original intention and the economic interests of the contracting parties without running counter to the other agreements.

20. Jurisdiction

If the customer is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction shall be Sömmerda. Otherwise, the statutory provisions of the Federal Republic of Germany shall apply.

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