TERMS AND CONDITIONS

1. General Provisions


1.1 The following general terms and conditions – abbreviated as GTC – of Tectum Real Property GmbH apply to contracts for providing evidence of the opportunity to conclude a contract or for brokering a contract regarding developed and undeveloped real estate. The GTC also apply to future contracts between Tectum Real Property GmbH – hereinafter referred to as TECTUM – and its principals or customers – hereinafter referred to as Principal. They apply even if no explicit reference is made to their validity.

1.2 Other general terms and conditions that contradict or deviate from those of TECTUM are not recognized.

1.3 TECTUM reserves the right to act on a fee basis for both contracting parties. Such dual representation will be disclosed to both parties.

2. Offer – Exposé


2.1 Upon request by the Principal, TECTUM will provide an exposé containing information about the specific property.

2.2 The exposé specifies in detail whether it concerns a contract, evidence of the potential conclusion of a contract, or the brokering of a contract.

3. Obligations of the Principal


The Principal undertakes to provide all information and documents necessary for the execution of the assignment completely and correctly or to make them available.

4. Broker’s Commission


4.1 Upon conclusion of a purchase or other acquisition contract for a property, the following commission agreement applies to TECTUM’s brokerage activities: The Principal undertakes to pay a brokerage commission of 3.57% (including statutory value-added tax) of the total purchase price for the brokering or evidence of a contract, as well as for the acquisition of undeveloped or developed real estate and equivalent property rights from a foreclosure auction, including all ancillary agreements or substitute transactions related to the acquisition. In the case of a sale on an annuity basis, the purchase price shall be the annuity present value determined according to general methods. For the establishment and transfer of leasehold rights, the commission is 3.57% (including statutory value-added tax) of the total purchase price. If no such price is agreed, it shall be replaced, at TECTUM’s discretion, by either the 25-fold leasehold rent or the corresponding capital value of the leasehold right. In contracts for the acquisition of residential properties (single-family homes, condominiums), the buyer bears at most half of the commission, provided that the seller has also agreed to a commission claim.

4.2 For the brokering of commercial lease, tenancy, and comparable usage contracts, the following commission agreement applies to TECTUM’s brokerage activities: The Principal undertakes to pay a brokerage commission of 3.57% (including statutory value-added tax) of the contract value for the brokering of commercial lease, tenancy, and comparable usage contracts or for evidence of such contracts. For leases with a contract term of up to five years, a commission of at least two monthly rents plus statutory value-added tax applies. If a graduated rent is agreed in the concluded lease contract, TECTUM’s commission claim is calculated based on the average rent for the duration of the graduation agreement or the lease contract.

4.3 For the brokering of an extension option or evidence thereof, the Principal undertakes to pay TECTUM a brokerage commission of 1.785% (including statutory value-added tax) of the increased contract value. The commission becomes due upon continued validity of the main contract.

4.4 If, in addition to a lease or tenancy contract, a pre-emptive right or purchase option is contractually agreed, the commission increases by 1.19% (including statutory value-added tax) of the market value of the entire property. Upon exercise of the pre-emptive right or purchase option, the commission increases by an additional 2.38% (including statutory value-added tax) of the purchase price.

4.5 For the brokering of a contractually agreed pre-emptive right or purchase option or for evidence of a potential contract conclusion, the following applies: The Principal undertakes to pay a commission of 1.19% (including statutory value-added tax) of the market value of the entire property upon effectiveness of the main contract. Upon exercise of the pre-emptive right or purchase option, the Principal pays an additional 2.38% (including statutory value-added tax) of the purchase price.

4.6 For the rental of residential space, the Principal (landlord) bears the commission in the amount of a maximum of two monthly rents plus statutory value-added tax. If a graduated rent is agreed in the concluded lease contract, TECTUM’s commission claim is calculated based on the average rent for the duration of the graduation agreement or the lease contract. The tenant as Principal bears no commission.

4.7 TECTUM is entitled to the commission claim even if an economically equivalent or similar transaction is concluded.

4.8 Contract value is the sum of the agreed rents, tenancy payments, or other considerations during the contractual term. Monthly rent means the agreed net cold rent in each case.

5. Confidentiality


The Principal is obligated to treat the information contained in the offers confidentially and to keep it secret from third parties. If the Principal passes on the offer to a third party with whom TECTUM has no contractual relationship, contrary to the foregoing obligation, and this third party concludes a contract within the meaning of these GTC, the Principal is obligated to pay TECTUM a contractual penalty in the amount of the otherwise customary remuneration according to the preceding clauses. TECTUM reserves the right to have the penalty reduced judicially if it is unreasonably high.

6. Liability


6.1 Subject to the provisions in the following clauses 6.2 to 6.3, TECTUM is liable to the Principal for damages caused intentionally or through gross negligence by it, its legal representatives, or executive employees, as well as for damages attributable to it, its legal representatives, or executive employees arising from injury to life, body, or health.

6.2 The Principal is aware that TECTUM receives all documents necessary for preparing an offer from the seller or landlord. TECTUM only passes on unverified information and therefore assumes no liability for the completeness and accuracy of the information contained in an offer, unless otherwise expressly regulated. Errors and intermediate utilization are expressly reserved in all offers and communications. The Principal must verify all information independently before concluding the contract.

6.3 For damages caused by intentional or grossly negligent conduct of other vicarious agents, liability is limited to such damages whose occurrence can typically be expected within the framework of the respective contract. This does not apply to attributable damages arising from injury to life, body, or health.

7.Set-off, Right of Retention, and Transferability


7.1 The Principal’s right to set off against TECTUM’s claims is excluded, unless the counterclaim is undisputed or legally established.

7.2 Rights of retention or other rights to refuse performance by the Principal against TECTUM are excluded, unless they are based on undisputed or legally established counterclaims.

7.3 The transfer of rights and obligations from this contract by the Principal requires the prior written consent of TECTUM.

8. Consent to Data Processing under GDPR


The Principal consents to TECTUM collecting, processing, and using personal data (e.g., name, address, contact details, property interests) to the extent necessary for fulfilling the brokerage contract, including transmission to potential sellers, landlords, or other parties involved in the real estate process. The processing is based on Art. 6(1)(a) GDPR (consent) or (b) (contract performance). The consent is voluntary and can be revoked at any time without affecting the legality of processing carried out prior to revocation. Revocation via email to info@tectum.group. Further information on data processing can be found in TECTUM’s privacy policy.

9. Consumer Information on Alternative Dispute Resolution (§ 36 VSBG)


TECTUM does not participate in dispute resolution proceedings before a consumer arbitration board. Email: info@tectum.group

10. Revocation of Your Consent to Data Processing


Many data processing operations are only possible with your express consent. You can revoke consent already given at any time. An informal notification by email to us is sufficient for this. The legality of data processing carried out prior to revocation remains unaffected by the revocation.

11. Right to Object to Data Collection in Special Cases and to Direct Advertising (Art. 21 GDPR)


If data processing is based on Art. 6(1)(e) or (f) GDPR, you have the right at any time, for reasons arising from your particular situation, to object to the processing of your personal data; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your affected personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims (objection pursuant to Art. 21(1) GDPR). If your personal data is processed for direct advertising purposes, you have the right to object at any time to the processing of personal data concerning you for such advertising; this also applies to profiling insofar as it is related to such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21(2) GDPR). Right to lodge a complaint with the competent supervisory authority.

12. Final Provisions


The place of jurisdiction and performance is Konstanz. Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory regulation.