Terms and Conditions

1. Our broker activity covers the documentation and/or the brokerage of property deals including associated consultancy services.
   We consider business relations with our clients to be a matter of trust.
   In particular, we always endeavour to carry out all contracts to a high quality, i.e. prompty, conscientiously and with the care of a prudent businessman. If we transact business for several contractual partners at the same time, we avoid a conflict of interests and endeavour to find a satisfactory for everyone concerned. The following terms and conditions of business lay the foundations for a trustworthy working partnership.
2. Bosseler & Abeking GmbH is engaged in the documentation and/or the brokerage of real estate and real estate companies especially in prime locations. Our activities are carried out within the scope of  §§ 652 ff. BGB. (German Civil Code)
3. Unless it has been otherwise noted in the offer or otherwise expressly agreed,  the customer (buyer, tenant acquirer of rights etc.) is to pay the following commission to us:

   a)Purchase- and selling of real estate, shareholdings and companies, similar business transactions
   5 % of the purchase sum in the case of properties up to EUR 5 million,
   4 % of the purchase sum in the case of properties over EUR 5 million up to EUR  15 million,
   3 % of the purchase sum in the case of properties over EUR 15 million,
   1 % of the market value in the case of documentation and/or the brokerage of preemption rights

   The purchase price is the total of all considerations of the buyer plus assumed charges and liabilities of the property, the company or the shareholding. If the buyer pays a rent, the cash value of the rent payments schall be regarded as the purchase price. In the case of documentation and/or the brokerage of business transactions similar to purchase (e.g. acquisition of leaseholds, transfer of a property to a company or similar), the rates of commission as in the case of purchase shall apply.

   b)Renting and letting:
   3,6 monthly rents plus 1,6 monthly rents in the case of the granting of option rights and rights of first refusal, even it it is uncertain that the will be exercised.
   3 % of the key money agreed on the basis of the signed lease or purchase price for fixtures, furniture accessories etc.
   The monthly rent is the average monthly consideration of the tenant for the transfer for use determined from the agreed fixed term of the lease (without value added tax) with the exception of the operating overheads.
   c) All the commissions mentioned are subject to the current statutory value added tax.

4. If the broker´s client is already aware o the opportunity to conclude a main contract (contract) documented by us, he must notify this to us in writing stating the source no later than 8 days after receipt of the first property information. If the broker´s client culpably breaches this obligation, he shall reimburse us for the expense which would not have arisen if his previous knowledge had been notified in good time. In the case of direct negotiations, the broker´s client must refer to our brokerage activity and immediately inform us about the content of the negotiations. We have a right to be present at the conclusion of the contract; the date and location are to be notified to us in good time.
5. All offers and contract data are intended solely for the client. The latter ist prohibited from passing them on to third parties without our consent which must be given in writing beforehand. If the client breaches this obligation and a third party or other persons to whom the third party for his part has disclosed the information conclude the main contract, our client ist obliged to pay to us the commission in accordance with clause 3.
6. We are entitled to transact business for the other contractual partner – also subject to commission.
7. If the broker´s client refrains from his contractual intentions and the contract awarded to us lapses as a result, he is obliged to inform us immediately in writing. Otherwise we are entitled to compensation of wasted expenditures and time spent.
8. The commission falls due with the formation of the contract. It is payable within 8 days following receipt of the invoice. In case of default, we are entitled to claim interest to the extent of 8% or 5% in the case of consumers above the respective base rate of the European Central Bank as damage caused by default. The assertion of further damages remains unaffected, as well as the opportunity of the broker´s client to produce evidenc the the damage caused to us by default has only arisen to a limited extent.
9. Our claim for commission shall not be affected by the fact that the contract is concluded at a later date or a deviating conditions, insofar as the same success is achieved.
10. We prepare our offers and give information to the best of our knowledge. As we have to rely at the same time on the information of third parties, the offers and information are nevertheless subject to alteration and without obligation, in particular errors and the subsequent loss of the completion opportunity due to other interim transactions cannot be excluded. We are therefore not liable for negligent conduct. Naturally any compensation claims for damages ar not excluded due to these provisions, provided these can be based on wilful and grossly negligent conduct.
11. With the above set of rules, we have endeavoured to create an  appropriate reconciliation of interests.  Should one or several of our terms and conditions of business nevertheless be or become invalid, the validity of the remaining terms and conditions of business shall not be affected.
12. The place of performance and jurisdiction for registered traders is our place of corporate domicile.