Terms of Service
General terms and conditions of the company Ehrenberg Immobilien GmbH
Our general terms and conditions are the basis for successful business relationships with our customers. They offer security and predictability for both sides. They supplement the respective agreements with our contractual partners, which proceed in terms of content. In the following, the customer is referred to as the “client” and the company Ehrenberg Immobilien GmbH as the “broker”.
1. Treatment of offers
Our offers and communications, which give the opportunity to conclude a purchase or rental contract, are intended exclusively for our addressees or clients and may only be passed on to third parties with our written consent. Violations oblige the transferring party to pay damages. As a rule, this consists of the amount of the commission that the broker would have received from both parties to the main contract if evidence or brokerage had been successful. The client always reserves the right to prove that the broker did not suffer any damage or that the damage was not incurred to this extent.
2. Conclusion of the contract
a) With the conclusion of a notarized purchase contract or a commercial rental contract through our verification or brokerage activity, a commission is earned and due in our favor. If the contract is concluded on terms other than those originally offered, or if it comes into being through another object of the proven contractual partner, this does not affect the commission claim, provided that the business that has come about is economically identical to the business being offered or only insignificantly in terms of its economic success deviates from the deal being offered. 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).
b) The broker is entitled to be present when the contract is concluded. If a contract is concluded without our presence, the client must immediately provide us with information about the contractual partner and the terms of the contract. The client is obliged to provide us with a copy of the contract upon request.
c) If the client refrains from his contractual intentions, he is obliged to inform the broker immediately in writing.
3. Commission
The following commission rates are to be paid in the event of success, unless another commission rate is expressly stated in the contractual agreements:
Purchase and sale, calculated from the total purchase price of the property (including any separately listed accessories, insofar as these are also sold) by the buyer 4.76% including VAT and the seller 4.76% including VAT.
Renting and leasing of commercial properties, from tenants and landlords for contracts with a term of less than 10 years 3.57 monthly net rents, for contracts with a term of 10 years or more 4.76 monthly net rents, each incl. VAT. If a graduated rent has been agreed, the average rent for the agreed contract period is decisive as the basis for calculating the commission. In the case of rent-free periods, the rent that is agreed after the rent-free period is applied.
If contractual ancillary services are agreed with regard to a sold property, which concern the economic utilization of the property, such as construction and architectural services, general contractor or general contractor contract (project planning), the economic value of the project planning is added to the total purchase price. The aforementioned commission rates for purchase and sale apply accordingly in the event of the transfer or ordering of a heritable building right. The commission is calculated in the case of the transfer of the heritable building right from the total purchase price and in the case of the order of the heritable building right from the ground rent accruing over the entire term of the contract. The aforementioned commission rates for purchase and sale apply accordingly in the event that individual or all shares in a company are sold instead of the property. The commission is calculated from the total purchase price, which also includes corporate debts assumed by the buyer. The commission rates are increased by the statutory value added tax.
The brokerage of living space for rent is free of commission for those looking for accommodation, unless the rental is based on a separate search request concluded in text form with the broker. The landlord owes a commission of 2.38 monthly net rents including statutory VAT for the successful proof or the brokerage of a residential rental contract. Prior knowledge: If the client wishes to assert prior knowledge (and thus an exclusion of commission for the verification activity) with regard to an object proven by the broker, he is obliged to inform the broker immediately in writing and to provide evidence on request.
4. Follow-up business
The broker is also entitled to commission if, in the temporal and economic context of the first brokered or proven contract, further contractual agreements come about, for which the broker's evidence or brokerage activities are at least one of the causes.
5. Activity for the other contractual partner
The broker is entitled to act on behalf of the other contracting party on a commission basis. The broker is entitled to use other brokers in the context of a joint transaction to fulfill the order.
6. Disclaimer of Liability
The information provided by the broker about the property is based on the information provided by third parties, namely the seller / landlord. Liability for the correctness or completeness of the information, in particular with regard to area information, equipment, age, legal situation, etc., is excluded. The broker's offers are non-binding. Subject to prior sale or subletting. The broker is fully liable for damage resulting from injury to life, limb or health that is based on a negligent breach of duty by the broker or an intentional or negligent breach of duty by a legal representative or vicarious agent of the broker. Otherwise, the broker is only liable in the event of willful intent, gross negligence, the lack of guaranteed properties or in the event of culpable breach of a cardinal obligation. Liability towards entrepreneurs is limited to typical, foreseeable damage.
7. Claims for compensation
Any behavior on the part of the client contrary to contract, which prevents the possible creation of a commission claim, obliges the client to reimburse the broker's expenses against individual evidence. The broker is entitled to claim additional damages. The client reserves the right to prove that the broker did not suffer any damage or that the damage was not incurred to the extent claimed.
8. Data protection
According to the GDPR, the client is informed that the broker collects, stores and processes personal data in accordance with the legal regulations.
9. Place of jurisdiction
The place of jurisdiction for merchants is Vaihingen an der Enz. German law applies.
Vaihingen an der Enz, January 1st, 2021
Management Horst Ehrenberg