General Terms and Conditions

Preliminary remark

We dedicate ourselves to fulfilling our brokerage orders with the utmost care and in the interests of our clients. Our activities are carried out in accordance with Sections 652 ff of the German Civil Code (BGB), generally accepted commercial principles and practices, and in compliance with the requirements of the ‘Initiative Corporate Governance der Deutschen Immobilienwirtschaft e.V.’ (‘ICG’) and the professional rules of our profession, to which we are committed as a member of the “IVD” (‘Immobilienverband Deutschland’ – German Real Estate Association). In our legal dealings with our clients, we also apply the ‘General Terms and Conditions’ (‘GTC’) printed here. They set out the most important rules for the brokerage contract.

§ 1 Confidentiality

Our offers and information are strictly confidential and intended only for the recipient addressed by us and our client. They may only be passed on to third parties with our written consent. In the event of unauthorised disclosure, we shall be entitled to a contractual penalty in the amount of the agreed commission, without prejudice to any further claims for damages.

§ 2 Prior knowledge

If our offer is already known, we must be notified of this within 8 days of receipt and the source must be documented.

§ 3 Amount of the brokerage commission

Unless otherwise stated in the exposé or individually agreed, the following brokerage commission is payable to us:

Purchase and sale:

a. for the purchase and sale of real estate (asset deal)

• for properties located in North Rhine-Westphalia and Rhineland-Palatinate: 3% each from the buyer and seller,
• in other parts of Germany and abroad: 5% from the buyer, calculated in each case from the total of all payments contractually owed by the buyer (in particular the purchase price, assumed encumbrances, ancillary services, etc.), unless the brokerage concerns purchase agreements for flats or single-family homes where the buyer is a consumer; in this case, the provisions in lit. b) below apply

b. for the purchase and sale of apartments and single-family homes where

the buyer is a consumer:

• 3% from the buyer, calculated on the basis of the total of all contractually owed payments (in particular the purchase price, assumed encumbrances, ancillary services, etc.)
• 3% from the seller, calculated from the total of all contractually owed services (in particular purchase price, assumed encumbrances, ancillary services, etc.)

c. for the acquisition of company shares, companies, etc. (share deal): 5% from the acquirer, calculated as in a.

d. for project, work/work delivery or general contractor/general transferee contracts or similar: 3% each from the client and contractor of all remuneration owed by the client of the project, work/work delivery or general contractor/general transferee contract. Calculation basis as in a.

e. for hereditary building rights:

3% each from the leaseholder and the lessor, calculated from the market value of the land and any existing structures

f. for the granting of pre-emptive rights, options and similar rights (if applicable, in addition to a commission in accordance with clauses a. – e.): 1% from the entitled party, calculated on the basis of the market value of the property Rental, leasing (payable to us by the tenant/lessee/lessee, unless otherwise stated in the exposé or agreed individually):

g. For contracts

• with a term of up to 5 years: 3 months' rent
• with a term of more than 5 years: 4 months' rent

If the tenant/lessee/lessee is granted option or similar rights to extend the term, the option or similar periods shall be deemed to be contract terms within the meaning of this clause g, regardless of whether they are actually exercised (e.g. 3-year term plus 3-year option = 6-year term).

The monthly rent within the meaning of clause g includes all contractually agreed monetary payments with the exception of consumption and ancillary costs as well as value added tax. The monthly rent for graduated rents is the average rent for the term. Rent-free periods and incentives of any kind are not deducted when calculating commissions. All commission rates quoted are subject to the applicable statutory value added tax. Should there be a change in the tax rate, the commission rate shall change accordingly.

§ 4 Entitlement to commission, due date

We are entitled to commission as soon as the main contract has been concluded through our mediation and/or on the basis of our evidence.

The commission is due and payable 8 days after the invoice is issued. If the invoice is issued before the commission claim arises, the commission shall only become due and payable when the commission claim arises.

Our commission claim shall not be affected by the fact that the main contract is concluded on other terms, provided that the economic success does not deviate significantly from our offer.

§ 5 Duty of disclosure on the part of the client

We are entitled to be present at the conclusion of the contract; the client(s) is/are obliged to inform us of the place and time in good time.

The client(s) is/are obliged to inform us immediately of the conclusion of a main contract and to send us a copy of the contract together with all related ancillary agreements without delay.

If the client withdraws from their contractual intentions, they are obliged to notify us of this in writing without delay.

If direct negotiations are initiated on the basis of our referral and/or brokerage activities, reference must be made to our activities. We must be informed of the content of the negotiations in writing, without being asked and without delay.

§ 6 Liability, compensation

Our offers and information are based on the information provided to us by third parties. Unless expressly agreed otherwise, we do not check this information and accept no liability whatsoever.

Claims for damages against us are excluded, except in cases of intentional or grossly negligent behaviour. This does not apply to damage to life, limb and health.

If the client violates its contractual obligations, we shall be entitled to compensation for any expenses, costs and time incurred as a result.

The limitation period for asserting claims for damages and reimbursement of expenses is 3 years and begins when the claim arises.

§ 7 Dual activity

a. We are entitled to act on behalf of the other party to the contract, including for remuneration.

b. If we are commissioned by both parties to the contract to prove an opportunity to conclude a purchase contract for an apartment or a single-family house or to broker such a purchase contract, and if the buyer is a consumer, we shall demand remuneration from both parties to the contract in equal shares. A waiver of the brokerage commission for one of the parties to the contract shall also apply to the other party to the contract.

§ 8 Dispute resolution procedure

Participation in out-of-court dispute resolution procedures in consumer matters is voluntary. Aengevelt Immobilien GmbH & Co. KG does not currently participate in dispute resolution procedures in consumer matters.

§ 9 Final provisions

The brokerage contract is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

Any cancellation, amendment or supplement to these General Terms and Conditions, the brokerage agreement or the written form requirement must be declared in writing.

Termination of the brokerage agreement must be declared in writing. The place of performance and jurisdiction for registered traders is Düsseldorf.

Should parts of our General Terms and Conditions or the brokerage agreement be invalid, this shall not affect the validity of the remaining provisions. Any invalid clause or loophole shall be replaced by a provision that comes as close as possible to the wishes of the parties.

Any deviating general terms and conditions of our client shall only apply if Aengevelt expressly acknowledges them in writing. They shall not apply even if Aengevelt does not expressly object to them.

As of: 29 July 2025