General Terms and Conditions

  1. We are offering the property/properties listed here for sale. This real estate sales offer is made based on the information provided by the seller. While we exercise all due care, we cannot guarantee that all information regarding this real estate is correct and complete nor can we guarantee that the property is still available at the time of this offering.

  2. With this offer of real estate, we are offering our services as broker to you. As soon as you accept the real estate offer -either with or without our participation, a brokerage contract is deemed to exist between us. We wish to point out that we may act as dual agent - while promising to remain impartial - with regard to both parties to the (potential) primary contract.

  3. Since the content of this offer is confidential, neither the offer nor any details may be relayed to a third party without our written consent.

  4. Our services are provided based on the proof and/or referral of contracts. We shall claim a broker’s fee from you in the event that our detection or brokerage activities result in a primary contract. We shall also be entitled to claim a broker’s fee in the event that a family member or other third party with whom you maintain a business relationship enters into an offer for real estate and/or you have transferred the evidence received to some other third party and this individual enters into a primary contract. Moreover, we shall also be entitled to claim a broker’s fee if an initial contract which was facilitated or evidenced by us results in the conclusion of other contractual agreements.

  5. The retroactive reduction of the purchase price shall not affect our claim for a broker’s fee. The claim for broker’s fee shall remain in effect if the executed agreement becomes invalid due to the existence of a condition subsequent or if for some other reason the agreement becomes invalid or unfulfilled.

  6. If you are already aware of the opportunity for the execution of a contract which has been evidenced by us, then you are obligated to advise us of this in writing within 5 days. Otherwise, once a contract has been executed regarding the evidenced property, a broker’s fee shall be payable to us.

  7. The broker’s fee to be paid to us by the buyer or tenant amounts to

    - in the event of a sale: [5,25%] the purchase price (in consideration of services rendered including all related side agreements and replacement market transactions),
    - in the event of the rental of commercial space: [3] months’ gross rent /net rent plus ancillary costs; this quote applies with and without optional agreements and
    - in the event of the rental of residential space: [2] [sic: months’] net rent.

    All aforementioned terms are quoted exclusive of the [valid value-added taxes]. This fee rate shall apply in the event that no other fee amount is expressly agreed upon in the offer. In the case of graduated rents, the average rent shall be used as the basis for calculating the broker’s fee. Upon execution of the agreements, all fee amounts offered and listed shall be payable to us.

  8. The indicated living space and floor space shall be the real floor space as measured along the skirting boards of each room. They are not measured with reductions for pitched roofs as in calculations made according to DIN 283 or other such measuring standards, but rather, using the floor space actually available (Sylt measurement). All measurements are subject to minor construction-specific tolerances. The rooms in the basement (cellar) and attic are not considered to be suitable for long term habitation per § 46 (1) LBO SH (Regional Building Law-SH).

  9. The court of jurisdiction shall be Hamburg, insofar as it is permissible.
FPC First Properties Company GmbH
Last revised: 1 February 2010
© FPC First Properties Company GmbH  |  Palmaille 67  |  22767 Hamburg  |  Germany  |  Tel. +49 (0) 40. 54 80 698-0  |  Fax +49 (0) 40. 54 80 698-29  |