Robert C. Spies

General terms of trade

of Robert C. Spies KG, Robert C. Spies Immobilien GmbH & Co. KG Bremen, Robert C. Spies GmbH & Co. KG Hamburg, Robert C. Spies Immobilien in Bremer Norden GmbH,

Robert C. Spies Immobilien GmbH & Co. KG Oldenburg,  Robert C. Spies Gewerbe & Investment GmbH & Co. KG, Robert C. Spies Industrial Real Estate GmbH & Co. KG and Robert C. Spies Nordics ApS – hereinafter referred to as Robert C. Spies..  Contracts are made between the company offering or concluding the contract, and the client.

 

1. Concluding the contract

The broker contract need not be in writing. It can also be given legal effect if Robert C. Spies sends the client an offer for a sale or a lease,  so offering the client services as a real estate broker under § 328 of the German Civil Code.  If the client makes use of the offer, as by communicating with  Robert C. Spies or the owner or lessor, this will bring about a brokerage contract between the client and  Robert C. Spies.  

This does not apply in the case of contracts for the letting of residential premises, where the contractual relationship is formed exclusively between the lessor  and Robert C. Spies.  The only difference will be where Robert C. Spies, solely because of an agency contract with the would-be lessee, receives a commission from the lessor or another authorised person to offer the premises.. For persons seeking rental premises, there is an additional exception; the brokerage commission must at least be communicated in writing by the would-be lessee  The commission must also be in writing if it relates to the identification of an opportunity to conclude a purchase of an apartment or a family house,  or to the negotiation of such a contract.

The conclusion of the contract beween the client and  Robert C. Spies takes place initially on the basis of a written individual agreement.  In the absence of any provision, or any provision to the contrary, in the individual agreement, the provisions of these general terms will apply.

 

2. Commission

Robert C. Spies provides services specifically on the assumption that they will be successful, and charges a fee for successful performance, unless otherwise agreed.  If the commercial success sought by the client is attributable at least in part to the brokerage,  Robert C. Spies has a claim for successful performance (the brokerage fee). The commission falls due when a contract takes legal effect.  The rate of the commission charged will be according to the rate agreed in the brokerage contract. . If no rate of commission has been specified in the contract, the rate stated in the listing or exposition will apply.  If the brokerage contract deals with identifying the opportunity to conclude a contract for the purchase of an apartment or a house, or negotiating such a contract, and if the purchaser is a natural person, the following will also apply:

If Robert C. Spies has acted on the basis of  two contracts, for the vendor and the purchaser, when a purchase contract is concluded for an apartment or a house, both parties may undertake to pay the brokerage fee in only the same amount..  An agreed exemption from payment on one side acts to the advantage of the other party to the purchase contract, in that no brokerage fee can be claimed either from the other side. The situation will be different if only one party to the contract for purchase of an apartment or house has concluded a brokerage contract with Robert C. Spies. In that case, the other party to the purchase contract can only be obliged to pay or refund a brokerage fee if the party who concluded the brokerage contract is still bound to pay the fee in at least the same amount. Moreover, a claim for payment against the party not involved in the the brokerage contract will only fall due if the party to the purchase contract who concluded the brokerage contract is able to show that he or she has already met the obligation for payment in respect of the brokerage.

 

3. Extended fee entitlement

There will also be commission entitlements for Robert C. Spies if Robert C. Spies informs the would-be seller of a person interested in a purchase, and/or a would-be purchaser named by Robert C. Spies acquires a property belonging to the seller which is different from the one initially offered, or if, following the first contract negotiated or identified by Robert C. Spies, within 12 months he enters into a further contractual agreement with the would-be seller and the relevant contractual agreement can be attributed, at least in part,to the existing brokerage contract or the contact initiated by Robert C. Spies.

 

4. Prohibition against transmitting information

All the information, including the identification of properties by Robert C. Spies, is intended solely for the client. He or she is forbidden to convey to third parties the identified properties and information concerning them, without the writtten consent of Robert C. Spies.. If a client breaches this obligation and the third party or other persons, to whom the third party has transmitted the information conclude the main contract, the client is bound to pay compensation, normally in the amount of the brokerage fee that  Robert C. Spies would have obtained for a successful round of identification or negotiation.. The client remains at liberty to prove that no loss was incurred or not in this amount.

 

5. Dual role

Robert C. Spies may act for both the vendor and the purchaser. Prior sale and prior leasing are expressly reserved.  In the event of a rental agreement having to be negotiated,  Robert C. Spies may act on commission only for the lessor or only for the lessee..

 

6. Owner details

Robert C. Spies states that the property details which it gives out originate from the vendor or from a third party authorised by the vendor, and have not been tested for accuracy by Robert C. Spies. It s the client’s responsibility  to examine this information for accuracy.  .In transmitting this information, Robert C. Spies accepts  no responsibility for its accuracy.

 

7. Duty to supply information

Before concluding the intended purchase contract,the client (owner) is bound to ascertain from Robert C. Spies, giving the name and address of the intended contractual partner, whether the intended partner was introduced through its involvement.

 

8. Alternative and subsequent transactions

The  claim for a fee does not depend on the contract taking shape exactly in the manner intended by the parties.  What is decisive is whether the intended commercial success is achieved.   A principal contract justifying the fee will also cover its conclusion with different offer and concluding prices, larger or smaller premises, more or fewer properties than were offered by Robert C. Spies or that form a property divided into different units instead of a single property initially offered.. If a rental or lease contract is concluded instead of the originally intended purchase contract, or the reverse, in this case also they are agreed to be commercially identical.   The same applies if instead of real estate business premises are put up for sale with the property in question belonging to the business assets

 

9. Prior knowledge

If the property on offer is already known to the client, he must notify Robert C. Spies without delay, naming the source of his/her knowledge.  If a communication of prior knowledge of this nature is not made within four working days, the client will be unable to rely on prior knowledge with regard to the claim for a fee.  The communication may be made in letter form or by email or fax.

 

10. Refund of expenditure

In the absence of any agreement to the contrary, the client must refund  Robert C. Spies for costs shown to have been incurred in fulfilling the commission (e.g. descriptions, exposes, advertisements, internet postings, telephone costs, postage, viewings, travel costs, hire of an expert, notice boards, and other specific expenditure for this project) if for reasons to be explained by the client no contract is concluded.

 

11. Liability

Robert C. Spies is liable according to the law for intentional severe negligence.  In the event of an only slightly negligent breach of substantive rights or duties arising from the nature and purpose of the contract,  Robert C. Spies bears only limited liability for predictable negative outcomes typical of contracts.

 

12. Data protection

Robert C. Spies undertakes to handle personal data with discretion and in confidence.  Colleagues are obliged to preserve confidentiality and to observe the data protectionj requirements in force.  

The data protection rules reflect the European General Data Protection Regulation (DGPR.), the Federal Data Protection Law (BDSG) and special legal provisions on data protection.  Personal data are taken and processed only so far as they are necessary for compliance with this contract or where we are entitled and are bound, on the basis of legal provisions, to take and process your data. If we process data for purposes other than those for which the data was acquired, or if there is no statutory provision permitting this, we process personal data on the basis of your declaration of consent, obtained before any processing takes place.    Where certain categories of data are processed, within the meaning of Art. 9 of the GDPR,.consent must be given in writing and can be revoked at any time with future effect.  Information about the client is only stored where required for the performance of this contract or a legal obligation.  It is made accessible only to those staff members who are responsibile for relevant functions.  Full information according to the requirement under Articles 13 and 14 of the GDPR is, where necessary, given out separately when personal data is collected.

 

13. Identification of clients/money laundering/transparency

 

Robert C. Spies is legally bound to carry out a check on money laundering.  This is done according to the rules of the Money Laundering Law (GwG) when negotiating a contract for the purchase or lease of property (above 10,000 euros net monthly rental).  The client is aware that he must provide  Robert C. Spies, according to the statutory requirements, with all the necessary information and documents to check for money laundering, and must notify it without delay of any changes that occur in the course of the commercial relationship.  If the client fails to comply with his duty of cooperation for the purpose of identification,  Robert C. Spies is entitled to terminate the relationship for exceptional reasons.  A possible claim for fees is unaffected.

Robert C. Spies is properly registered in the transparency register, in the meaning of s. 18 para. 1 of the Money Laundering Law.  This contains the details of the economic beneficiaries  of Robert C. Spies, as required by s.19 para. 1 of the Law

 

14. Credit check and score

If on the conclusion of a contract with Robert C. Spies an evaluation is necessary of the credit risk on the basis of mathematical-statistical procedures (scoring) this will be done at the business information centre Credit Reform or Schufa.  For this purpose the personal data required for the credit check will be transferred to Credit Reform, also including addresses.   Collection, storage and retransmission of the data will take place for the purpose of a credit check, to avoid a payment default and on the basis of Article 6, para. 1 s (1) b of the GDPR  together with Article 6, para. 1 s 1 (f) of the GDPR.This information will be used to calculate the statistical probability of a loan default and therefore your ability to pay.  If the result of the credit check is positive, the contract will take effect.  If the credit check is negative, it cannot take effect.  If the credit standing of the contract partner is tested, there is a justified interest in testing the credit standing of the future contracting partner, in order to avoid the risk of a payment default.  The consent of the contract partner is not required for this purpose.

 

15. Property ombudsman IVD/VPB – duty of information under  § 36 and 37 VSB

The Robert C. Spies company is a member of the  IVD, and on the basis of the constitution of the IVD it is bound to take part in an arbitration before a consumer arbitration panel. The address  of the arbitration panel of the IVD is: Ombudsman Immobilien IVD/VPB – Grunderwerb und -verwaltung, Littenstraße 10, 10179 Berlin. Further information about the arbitration panel (e.g. further communication data, procedure) can be obtained under  http://www.ombudsmann-immobilien.net. The Robert  C. Spies company does not in principle take part in arbitration in other arbitration fora.  It is happy to take part in a dispute resolution procedure in this consumer arbitration forum..  The European Commission has a platform for online dispute resolution: http://ec.europa.eu/consumers/odr. With the recognition of the Ombudsman Immobilien as an arbitration panel for the purpose of the VSBG and the participation of the VPB, part of the procedure has changed, for example the area of responsibility, which has been extended to construction contracts.  Further information about the rules of procedure and the procedure itself will be found on the webpage of the Ombudsman..

 

16. Jurisdiction

As  Robert C. Spies and the client are registered business people within the meaning of the commercial code, it is agreed that the head office of Robert C. Spies is the place of performance and the place of jurisdiction for all obligations and claims arising from the contractual relationship.  

 

17. Severability clause

If one or more of the foregoing provisions is invalid, the validity of the remaining provisions will be unaffected.  Any invalid provisions will be replaced by the statutory rule closest to its meaning.

Robert C. Spies KG

Domshof 21

28195 Bremen

 

Head office: Bremen

Commercial register number: HRA 14140 HB

Register court: District court, Bremen

Managing directors: Dipl.-Kfm. Jens Lütjen, Khaled Hadidi, Andreas Fuchs

 

Personally liable shareholders:

Dipl. Kfm. Jens Lütjen andRobert C. Spies Beteiligungs GmbH

Head office and commercial register Bremen, HRB 33919 HB

Managing directors: Dipl. Kfm. Jens Lütjen, Khaled Hadidi, Andreas Fuchs

 

Robert C. Spies Immobilien GmbH & Co. KG Bremen

Domshof 21
28195 Bremen

 

Head office: Bremen

Commercial register number: HRA 28339 HB

Register court: District court, Bremen

Managing director: Khaled Hadidi

 

Personally liable shareholder:

Robert C. Spies Verwaltungs GmbH (AG Hamburg)

Head office and commercial register: Hamburg, HRB 142486

Managing directors: Khaled Hadidi, Sidney Cline-Thomas

 

Robert C. Spies GmbH & Co. KG Hamburg

Caffamacherreihe 8
20355 Hamburg

 

Head office: Hamburg

Commercial register number: HRA 120540

Register court: District court Hamburg

Managing director: Sidney Cline-Thomas

 

Personally liable shareholder:

Robert C. Spies Verwaltungs GmbH (AG Hamburg)

Head office and commercial register: Hamburg, HRB 142486

Managing directors: Khaled Hadidi, Sidney Cline-Thomas

 

Robert C. Spies Immobilien im Bremer Norden GmbH

Reeder-Bischoff-Straße 60

28757 Bremen

 

Head office: Bremen

Commercial register number: HRB 4190

Register court: Amtsgericht Bremen

Ust.-ID-Nr.: DE 114436927

Managing directors: Jan Schneider, Dipl.-Kfm. Jens Lütjen

 

Robert C. Spies Immobilien GmbH & Co. KG Oldenburg

Kleine Kirchenstraße 7

26122 Oldenburg

 

Head office: Bremen

Commercial register number: HRA 28570 HB

Register court: District court Bremen

Managing director: Jan Schneider

 

Personally liable shareholder:

Robert C. Spies Komplementär GmbH Oldenburg

Head office and commercial register: Bremen, HRB 34764 HB

Managing director: Jan Schneider

 

Robert C. Spies Gewerbe & Investment GmbH & Co. KG

Domshof 21

28195 Bremen

 

Head office: Bremen

Commercial register number: HRA 24066 HB

Register court: Bremen

Managing director: Dipl.-Kfm. Jens Lütjen

 

Personally liable shareholder:

Robert C. Spies Gewerbe & Investment Verwaltungs-GmbH

Head office and commercial register: Bremen, HRB 16030 HB

Managing director: Dipl.-Kfm. Jens Lütjen

 

Robert C. Spies Gewerbe & Investment GmbH & Co. KG

Caffamacherreihe 8

20355 Hamburg

 

Head office: Hamburg

Commercial register number: HRA 24066 HB

Register court: District court

Managing director: Dipl.-Kfm. Jens Lütjen

 

Personally liable shareholder:

Robert C. Spies Gewerbe & Investment Verwaltungs-GmbH

Head office and commercial register: Bremen, HRB 16030 HB

Managing director: Dipl.-Kfm. Jens Lütjen

 

Robert C. Spies Industrial Real Estate GmbH & Co. KG

Domshof 21

28195 Bremen

 

Head office:: Bremen

Commercial register number: HRA 29189 HB

Register court: : District court Bremen

Managing director:: Björn Sundermann, Jens Lütjen

 

Personally liable shareholder:

Robert C. Spies Industrial Real Estate Verwaltungs-GmbH

Head office and commercial register: Bremen, HRB 36774 HB

Managing directors: Björn Sundermann, Jens Lütjen

 

Robert C. Spies Nordics Aps

c/o BLOX HUB

Bryghuspladsen 8

1473 København K

 

CVR-nr.: 42028142

Managing directors: Dipl.-Kfm. Jens Lütjen, Andreas Fuchs

 

Personally liable partner:

Robert C. Spies KG

Commercial Register: Amtsgericht Bremen, HRA 14140

Managing directors: Dipl.-Kfm. Jens Lütjen, Khaled Hadidi, Andreas Fuchs