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Based on this agreement, the real estate agent will take action supporting the client?s search of a property. Referring to the possibility of a concrete request and additional future requests, the following agreement is made covering the brokerage services of our company:
This agency agreement is concluded for an indefinite period and may be terminated by both parties with immediate effect and without stating the reason for termination. This termination does not affect those transactions for which the agent has been active prior to the termination, provided that the transaction does or will finally materialize (also after the termination).
In the event that the client buys or rents a property based on the agreed meritorious services of its agent, the client undertakes to pay to the agent a commission in the amount specified below. The obligation to pay the commission arises if a transaction materializes and the payment is due when the brokered transaction goes into effect.
Commission AmountMax. 4%a of the of the purchase price incl. debts and other liabilities (as agreed in the contract) plus 20 %
VAT up to a value of EUR 36.336,42 EUR 1.453,46 plus 20% VAT at a purchase Price between EUR 36.336,42 and EUR 48.448,00
3% of the of the purchase price incl. debts and other liabilities (as agreed in the contract) plus 20 % VAT starting at a value of EUR 48.448,00.
Max. 2BMM (= monthly rent (excluding tax)) plus 20% VAT for flats.
Max. 3 BMM (= monthly rent (excluding tax)) plus 20% VAT for business premises of all kinds.
In case a limited tenancy agreement is concluded an additional commission (supplementary commission) is hereby agreed upon in proportion to such renewal in case such tenancy agreement is renewed or converted into an unlimited tenancy agreement (see information overleaf) in an amount of monthly gross rent plus VAT, respectively. A supplementary commission in accordance with the respective maximum commission fees defined in the Real Estate Brokers Act (IMV) 1996 is agreed upon in the event that once a legal transaction has been concluded (e.g. initial lease) an additional transaction is agreed with regard to the same property (e.g. purchase following the lease).
Special commission agreements
Payment of the commission agreed upon above (or a commission in the amount of EURO plus 20% VAT) isv also agreed upon if1*the transaction described in the broker agreement is not entered into contrary to good faith (because the client fails to take any action that would be required for the conclusion of the deal without important reason), 2*the client (prospective client) discloses the business opportunity (identified by the agent) to a third person with whom the transaction is then concluded.
Right to withdraw from distance and off-premises contracts and client information of such rightThe prospective client is informed that pursuant to Sec. 11 FAGG, it has the right to withdraw from an agency agreement within 14 days, if such agreement was concluded outside the real estate agent?s premises (off-premises contract) or exclusively as a result of distance selling. The 14-day withdrawal period commences on the day the agreement is concluded. While the notice of withdrawal does not require any specific format, it may be made by means of the model form provided.
If the client wants the agent to take action (e.g. by providing detailed information, fixing an appointment for the viewing of a property) before the 14-day withdrawal period has expired, the client must explicitly instruct the agent. In such case the client loses its right to withdraw, provided the agreement has been ?completely fulfilled? during that period.
Based on common business practice, ?complete fulfillment? means the agent?s identification of a business opportunity, in particular if the client does not desire or enable any further action by the agent. In such situation the agency agreement can no longer be cancelled and is the basis for the agent?s entitlement to commission, provided the agent?s identification of a business opportunity ultimately leads to the conclusion of a business transaction.
In the event of withdrawal pursuant to Sec. 11 FAGG, the client undertakes to refrain from using the information received.