General Terms and Conditions of Panthera Capital Partners GmbH Co. KG
With the request of the exposé and knowledge of our commission expectation, a commissionable brokerage contract for the offered property is concluded between the recipient (broker customer) and Panthera Capital Partners GmbH & Co. KG, which includes these GTC, which are hereby recognized by the broker customer.
2. Confidentiality/Prohibition on Disclosure
The offers and information sent by Panthera Capital Partners GmbH & Co. KG, in particular exposés and their content, are confidential and intended only for the respective recipient. Disclosure to third parties without the express consent of Panthera Capital Partners GmbH & Co. KG, which must be given in writing beforehand, is prohibited. If the broker customer violates this obligation and the third party or another person to whom the third party has passed on the information concludes the main contract, which would be subject to commission in accordance with these conditions, the broker customer undertakes to pay compensation in the amount of the commission based on these terms. The brokerage customer reserves the right to prove that less damage or no damage was incurred. A further claim for damages by Panthera Capital Partners GmbH & Co. KG due to unauthorized disclosure of information remains unaffected.
The offers of Panthera Capital Partners GmbH & Co. KG are subject to change and non-binding. Errors and prior sale remain reserved. The property-related information is based on the information and information provided to us, in particular by the seller. Panthera Capital Partners GmbH & Co. KG assumes no liability for the correctness and completeness of the information. It is therefore the customer’s responsibility to check the property information and details for accuracy. Liability for the accuracy and/or completeness of this information is only accepted in the event of intentional or grossly negligent conduct.
4. Creation of the commission claim
The disclosure (= proof) of the property address and/or the provider is made with express reference to the commission claim of Panthera Capital Partners GmbH & Co. KG in the case of purchase or exchange. Panthera Capital Partners GmbH & Co. KG’s claim to commission arises as soon as a main contract for the named property has been concluded on the basis of evidence and/or mediation by Panthera Capital Partners GmbH & Co. KG. In this case, co-causality of the brokerage activity is sufficient. If the main contract is concluded under conditions other than those originally offered, or if it is concluded via another object of the contractual partner proven by Panthera Capital Partners GmbH & Co. KG, this does not affect the commission claim of Panthera Capital Partners GmbH & Co. KG , as long as the business that has come about is economically identical to the business offered or differs only insignificantly from the business offered in terms of its economic success. The right to commission arises in particular in the case of purchase, acquisition of company shares instead of objects and vice versa, heritable building rights instead of purchase and exchange instead of purchase.
5. Maturity of Commission Claim
The commission claim is due upon conclusion of the purchase contract/exchange contract. Panthera Capital Partners GmbH & Co. KG has the right to be present at the conclusion of the main contract. If the main contract is concluded without the participation of Panthera Capital Partners GmbH & Co. KG, the customer is obliged to immediately provide Panthera Capital Partners GmbH & Co. KG with information about the essential content of the main contract and the assessment basis of the commission claim. The commission is due 14 days after invoicing earned us.
6. Amount of Commission
The commission is calculated from the notarized purchase price. In the case of a real estate exchange, i.e. a real estate transaction in which both contracting parties transfer ownership of their property to the other contracting party for a fee, the assessment basis for the commission to be paid by the respective customer is the respective equivalent value of the property purchased by this customer, as of notary in the deed of the real estate transaction for the respectively acquired property as the exchange value and not just the difference in value of the two exchanged properties. Unless otherwise agreed, the commission amounts are calculated from the notarized purchase price. The commission amounts are regulated as follows:
Up to a purchase price of €5 million, 5% plus statutory VAT apply.
From a purchase price of €5 million to €20 million, 4% plus statutory VAT apply.
From a purchase price of €20 million to €50 million, 3% plus statutory VAT apply.
From a purchase price of €50 million to €100 million, 2% plus statutory VAT apply.
From a purchase price of €100 million, 1% plus statutory VAT apply.
7. Commissioning by third parties, tipsters, intermediate brokers and joint transactions
Insofar as there is no conflict of interest, Panthera Capital Partners GmbH & Co. KG is entitled to act as commissioner for the other party to the main contract. Panthera Capital Partners GmbH & Co. KG is entitled to carry out marketing with other people or accept it from tipsters and pay part of the commission to them.
8. Prior Knowledge
If the customer is already familiar with the property offered by Panthera Capital Partners GmbH & Co. KG, he must notify this immediately, at the latest within 7 calendar days, and prove it to Panthera Capital Partners GmbH & Co. KG upon request. If the customer fails to provide this notice, he must compensate Panthera Capital Partners GmbH & Co. KG for all expenses incurred by Panthera Capital Partners GmbH & Co. KG as a result of the prior knowledge not being pointed out or being pointed out too late.
9. Limitation of Liability
Liability for negligent conduct on the part of Panthera Capital Partners GmbH & Co. KG, its legal representatives or vicarious agents is excluded. This does not apply if the damage consists of injury to life, limb or health or is based on the violation of an essential contractual obligation (cardinal obligation) or the lack of a specific property guaranteed by Panthera Capital Partners GmbH & Co. KG.
10. Information obligation according to VSBG
Panthera Capital Partners GmbH & Co. KG is neither obligated nor willing, in the event of a dispute arising from or relating to a contractual relationship between Panthera Capital Partners GmbH & Co. KG and a consumer, to initiate a dispute settlement procedure before a consumer arbitration board before filing a lawsuit the provisions of the Consumer Dispute Settlement Act (VSBG).
11. Place of Performance and Jurisdiction
Place of performance and place of jurisdiction for registered traders is Bonn.
12. Severability Clause
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if part of a regulation is ineffective, but another part is effective. The invalid provision should be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise conflict with the contractual agreements.