General terms and conditions of Wald-Consult Ltd.
(Dated January 2013)
1. Content of the offers
Wald-Consult offers are non-binding and subject to alteration. The information about our offers is received from owners of this real estate and from people and organizations which have been hired to assist them. Changes, additions, mistakes and enhancements can be made at any time. We cannot be made responsible for the correctness of their content.
2. Acceptance of a bid
Our contractual task is the authenticating and/or the setting up of the conditions for the signing of a contract. A real estate contract with the Wald-Consult Ltd. is made either in written agreement or by requesting the particulars of an offer. If our offer is already known to the receiver, it is necessary that he or she notifies us within three days of receipt of the offer. If an offer is bought, the purchaser/ lessee/ renter pays a fee to Wald-Consult according to paragraph 4 of the general terms and conditions.
3. Passing on of our offers
Wald-Consult´s offers are exclusively meant for those who request them. Passing one of these offers or information contained in them such a maps etc. to third parties directly or by way of agents and employees without the express permission of Wald-Consult is not permitted and makes the receiver of these offers liable to pay the full fee referred to in paragraph 4. This will be in addition to a penalty for damages.
If the information is passed on and a contract is signed by someone else, the purchaser /lessee/ renter is also obliged to pay the fee mentioned in paragraph 4.
4. Fees and commissions
After the successful completion of a business transaction, we will bill the purchaser/lessee/renter for our fee. That means that when a contract is signed for a purchase, lease or rental contract for real estate or the purchase of part of a business which owns real estate, then a one time fee based on the purchase price or based on a comparable service will be charged plus purchase price equal payments. For example acceptance of liabilities or the value of a lease that one takes on cession or in the case of leasing out of something or renting out of something the fee would be 5 to 10 times the annual lease price including VAT:
- Real estate within the Federal Republic of Germany: 3.75% plus 19% turnover tax, consequently gross 4.4625 %
- Real estate in a state of the European Union: 4.75% plus turnover tax of 19%, consequently 5.6525%
- Real estate in a country not in the EU: 5.25% plus 19% turnover tax, consequently 6.2475 %
- Leases or rentals: 3.25% turnover tax consequently 3.8675%, of 10 times of the annual leasing fee
- Deviations from the above are possible but require a written agreement.
5. When ar fees due?
The fee can be considered earned and due with the signing of a contract for sale, lease, or rent. In the case of a lease with a provision for sale the fee schedule for the sale of real estate applies.
6. Substitute or follow-up transactions
The client is also required to pay the commission according to the schedule above in the case of a substitute transaction. Such a case would take place if the client should learn of another transaction with the broker respectively the potential owner other than the main original transaction or signs a contract to buy an object for which he had sought to lease or rent. It is not necessary that the transaction which would require a commission be of equal value or have the same conditions with the original transaction in order to require a commission.
7. Fees, commissions, various costs, and travel expenses
A lump sum fee of 1000 euro plus 19% transaction tax is due for the first inspection of an object undertaken by Wald-Consult in Germany, 3000 euros plus 19% transaction tax in the EU and 7500 euros plus transaction tax outside the EU, earned and due on the day it is visited if no other agreement has been made in writing. If a transaction comes to fruition which is subject to the commission fee, then these fees which have been paid can be subtracted from the commission.
This contract is subject to the laws of the Federal Republic of Germany. The jurisdiction is Muenster, NRW. The Landgericht Muenster has complete jurisdiction in any litigation connected with this contract or of the validity of the contract itself.
9. Severability clause
If any provisos of this contract are invalid, ineffective or impracticable, the rest of the contract is not affected. The parties to this contract will have to come to an agreement about the parts affected, trying to substitute something that is legal and as close to the original as possible in the true spirit of the original contract.