Terms & Conditions

Last updated: 2026-05-20

of neogroup GmbH (neospaces) for brokerage services regarding commercial real estate.

§ 1 Scope and contracting parties

(1) These General Terms and Conditions (the "Terms") apply to all evidence, brokerage and consulting services provided by neogroup GmbH, Neue Schönhauser Str. 8, 10178 Berlin (hereinafter "neospaces", "broker" or "we") in the field of commercial real estate vis-à-vis the respective contracting party (tenant, landlord, lessee, lessor, buyer, seller, owner; hereinafter uniformly "client").

(2) These Terms apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law.

(3) In addition and subordinately, statutory provisions apply, in particular §§ 652 et seq. BGB.

(4) Deviating, conflicting or supplementary general terms and conditions of the client shall not become part of the contract unless we expressly agree to their applicability in text form. This shall also apply if we provide our services without reservation in knowledge of the client’s conflicting or deviating terms.

§ 2 Services

(1) neospaces provides evidence and brokerage services regarding the lease, letting, sub-letting as well as purchase and sale of commercial real estate (in particular office, retail, gastronomy, logistics, industrial, healthcare, hotel, data centre, self-storage and mixed-use space), including share-deal transactions and related advisory services (e.g. market research, requirement analysis, location analysis, viewing accompaniment, negotiation support).

(2) The exact scope of our services results from the respective brokerage agreement or order confirmation. We are entitled to use third parties to perform our services.

(3) All offers (property notices) are subject to change as long as no corresponding main contract has been concluded with the client. Information about properties (in particular location, area, rent/purchase price, condition, fit-out) is based on details provided by the respective owner, landlord or other third parties. We assume no warranty for the correctness, completeness or up-to-dateness of such information; § 8 of these Terms applies.

§ 3 Conclusion of the brokerage contract

(1) A brokerage contract with neospaces is concluded by:

a)conclusion of a brokerage contract agreed in writing or in text form;
b)acceptance of an offer from neospaces in text form; or
c)request and/or use of our evidence or brokerage services in knowledge of these Terms and/or of a commission notice referencing the commission obligation (in particular by requesting or accepting an exposé, property information, a viewing or further information).

(2) All exposés, property information and written or electronic communications from neospaces contain a reference to the commission obligation. By requesting, receiving or using such information, the client acknowledges that a brokerage contract on these Terms is concluded.

§ 4 Commission and commission calculation

(1) Purchase, sale, share deals and similar transactions. Upon conclusion of a purchase agreement, the client owes a commission staggered by transaction value as follows:

a)5.0 % of the transaction value up to and including EUR 5 million;
b)4.0 % of the portion of the transaction value exceeding EUR 5 million up to and including EUR 20 million;
c)3.0 % of the portion of the transaction value exceeding EUR 20 million.

(2) "Purchase agreement" within the meaning of these Terms includes:

a)agreements concerning the obligation to transfer a property, a real or notional share in a property and/or to grant or transfer a heritable building right and/or other property-equivalent rights or permanent rights of use (asset deal);
b)agreements concerning the granting or transfer of one or more shares in a company which directly or indirectly holds a property, a real or notional share in a property, a property-equivalent right and/or a permanent right of use (share deal);
c)any other agreement which implements the intended purchase or sale of a property, heritable building right or other property-equivalent right or permanent right of use in another manner and is economically comparable to the intended main contract (e.g. contribution to a company). Acquisition through enforcement proceedings is only included if specifically agreed.

(3) Transaction value. The transaction value is the agreed purchase price plus the present value (calculated under the Valuation Act) of any other consideration (ground rent, annuities, etc.), plus any purchase prices or usage fees for movable inventory, fixtures and business equipment and all ancillary benefits accruing to the seller or third parties on account of the purchase agreement. All encumbrances, liabilities, obligations and other negative balances assumed by the acquirer are added positively to the transaction value, regardless of whether they directly encumber the purchase object or (in particular in share deals) constitute liabilities of the company. The VAT payable by the acquirer on the purchase price, notarisation and court costs and any real estate transfer tax do not form part of the transaction value.

(4) In case of agreement of a purchase, pre-emption or option right, the commission is 1.0 % of the transaction value. Upon exercise of the right, the client additionally owes the full commission pursuant to paragraph 1.

(5) Lease and tenancy. Upon conclusion of a lease or tenancy agreement for commercial space of any kind (in particular office, retail, gastronomy, industrial, logistics, warehouse, workshop, production, wholesale, healthcare, hotel, data centre, self-storage and other space), the commission depends on the fixed term:

a)for a fixed term up to 59 months: 2.0 net monthly rents;
b)for a fixed term from 60 to 119 months: 3.6 net monthly rents;
c)for a fixed term from 120 to 179 months: 4.0 net monthly rents;
d)for a fixed term of 180 months or more: 5.0 net monthly rents;
e)for each extension option exercised: an additional 1.6 net monthly rents.

(6) "Net monthly rent" within the meaning of these Terms is the agreed monthly base rent excluding any advance payments or flat rates for ancillary and operating costs and excluding VAT. "Fixed term" is the period during which the lease or tenancy agreement cannot be ordinarily terminated; any extensions due to option rights are disregarded. "Extension option" is any right of one or both contracting parties to extend the contract term beyond the fixed term; the additional commission pursuant to paragraph 5 lit. e) only arises upon actual exercise of the option.

(7) Sprinter fee. Insofar as individually agreed in text form, in addition to the regular commission pursuant to paragraph 5, a so-called "sprinter fee" amounting to one (1.0) additional net monthly rent per qualified lead may be agreed. A sprinter fee accrues for each prospective tenant introduced by the broker who, by an individually agreed cut-off date, has verifiably conducted at least one viewing of the contract space. It is owed regardless of whether the lease agreement with that prospective tenant is concluded before or after the cut-off date; what matters solely is that the viewing took place verifiably by that date. The sprinter fee is owed in addition to the regular commission and falls due upon conclusion of the lease agreement with the respective prospective tenant.

(8) In case of agreement of a pre-lease, first-refusal or first-tenancy right or a corresponding right, the commission amounts to 1.0 net monthly rent, irrespective of the fact that the exercise of the right is still uncertain. Upon actual exercise of the right, the client additionally owes the full commission pursuant to paragraph 5.

(9) In case of agreement of severance or buy-out payments to the landlord, lessor or third parties (e.g. for rights, claims, fixtures, goods), the commission is increased by 5.0 % of the amount so agreed.

(10) In case of staggered rent or lease payments, the average monthly amount over the entire fixed term is decisive for the commission calculation. Time-limited rent reductions, rent-free or lease-free periods, fit-out contributions, relocation contributions, tenant gratuities and other incentives or rebates are disregarded for the calculation of the commission amount.

(11) All commission rates and minimum amounts are net plus statutory VAT.

§ 5 Accrual, due date and preservation of the commission claim

(1) The claim to the agreed commission arises upon conclusion of the brokerage contract and falls due upon conclusion of the main contract. In case of a suspensive condition, the claim falls due upon occurrence of the condition.

(2) Circumstances which merely eliminate performance obligations under the concluded main contract (in particular rescission, avoidance for defects of intent, cancellation) or result in a subsequent invalidity (e.g. resolutive conditions) do not affect the commission claim. The same applies to subsequent non-performance or non-execution of the main contract for reasons attributable to the client.

(3) The commission claim is also preserved if a period of up to 24 months lies between the broker’s last performance and the conclusion of the main contract based thereon (with co-causation). The broker remains free to demonstrate and prove the continuing causation of its performance for the conclusion of the main contract even over a longer period.

(4) The mere evidence of the opportunity to conclude (in particular by sending an exposé or property information) triggers the full commission claim, provided that the main contract is adequately and causally attributable thereto; no further brokerage activity is required.

(5) The commission for lease or tenancy falls due in two instalments: 50 % upon mutual signing of the lease or tenancy agreement and 50 % upon handover of the contract space to the tenant or lessee. The commission for purchase or sale transactions falls due in full upon signing of the notarised purchase agreement. In case of a suspensive condition, the commission falls due upon occurrence of the condition.

(6) The respective commission instalment is payable within 7 calendar days of invoicing without any deduction. In case of default, the client owes default interest of 9 percentage points above the base rate (§ 288 (2) BGB) and the lump sum pursuant to § 288 (5) BGB.

§ 6 Replacement and follow-up transactions

(1) The commission claim also arises:

a)if the main contract is concluded on terms differing from the original offer, in particular where the purchase price or rent deviates by no more than 25 %;
b)if the contract concerning another property or a transaction with the same purpose or economically equivalent to the transaction to be brokered is concluded with the contracting party introduced or brokered by the broker;
c)if and to the extent that a contract for a transaction brokered by the broker is extended or supplemented by contracts standing in temporal or economic connection (in particular by leasing additional space in the same property or with the same owner, extensions of the fixed term, exercise of option rights, exercise of purchase right after leasing, additional sites with the same owner);
d)if, instead of the originally intended transaction (e.g. purchase or lease agreement), a different transaction (e.g. lease instead of purchase agreement or vice versa) is concluded between the parties to the main contract;
e)if the main contract is concluded with a third party economically, corporately, family-related or personally connected to the client (in particular affiliated companies within the meaning of §§ 15 et seq. AktG, group companies, subsidiary, sister or parent companies, personal confidants), or who is named or engaged by the client.

(2) The commission claim is determined by the content of the replacement or follow-up transaction or by the scope of the extension or supplement.

§ 7 Duties and obligations of the client

(1) Cooperation. The client shall provide us with all information required to perform our services truthfully and completely, in particular regarding requirements, decision-making processes, budget and existing prior knowledge of properties or contracting parties.

(2) Notification of parallel contacts. If, on the basis of our evidence or brokerage activity, direct negotiations are entered into, express reference shall be made to this vis-à-vis the contracting party. The client shall notify us of the essential content of the negotiations on its own initiative and without undue delay in text form. If the client withdraws its contractual intent, it shall notify us without undue delay in text form.

(3) Prior knowledge. If the property or transaction offered by the broker is already known to the client as being for sale, lettable, leasable or capable of conclusion, the client shall notify the broker without undue delay, at the latest within 7 calendar days of receipt of the information, naming the source of information in text form (prior-knowledge objection). If this notification is not made or not made in time, prior knowledge is deemed not to have been raised; the client may no longer rely on any prior knowledge. If a valid contract concerning the property or transaction offered by the broker is concluded, any breach of this notification obligation additionally gives rise to a claim for damages in the amount of 80 % of the commission agreed or to be calculated pursuant to § 4.

(4) Prior clarification. Before the intended conclusion of the main contract, the client shall ensure, by inquiry to the broker in text form stating the name and address of the intended contracting party, whether the introduction of the intended contracting party was caused by our activity.

(5) Information about conclusion of contract. The client shall inform the broker in good time and in text form about the place and time of the intended conclusion of the main contract. If the contract is concluded without the broker’s participation, the client shall provide the broker, without undue delay and at the latest within 7 calendar days, with information on the essential content of the contract necessary to calculate the commission claim and, upon request, submit a simple copy of the contract.

(6) Contractual penalty for breaches. In case of a sustained breach of the duties pursuant to paragraphs 2, 4 or 5 (e.g. expiry of two deadlines of at least 7 calendar days each set in text form), the client owes the broker, in addition to the commission, a contractual penalty in the amount of 25 % of the net commission claim, payable within 14 calendar days of demand in text form. The contractual penalty does not apply if the client acknowledges the agreed commission claim in writing within the demand period and fulfils it in full within 14 calendar days of invoicing. The right to claim further damages remains unaffected; the contractual penalty shall be credited against any damages claim.

(7) Money Laundering Act (GwG). The client shall cooperate in the identification and due diligence obligations required under the Money Laundering Act, in particular by presenting suitable identification documents, providing information on the beneficial owner and – where required – providing evidence on the origin of the funds used. The broker is entitled and obliged to collect, store and, where applicable, report to the competent authorities the data required under the GwG. If the client refuses to cooperate, we are entitled to terminate the brokerage contract for cause without notice; commission claims already accrued remain unaffected.

§ 8 Confidentiality, no-disclosure, contractual penalty

(1) All offers, property notices, exposés, market data, analyses, lease agreements, calculations and other communications or documents provided by the broker are intended exclusively for the client itself and shall be treated as strictly confidential. Disclosure to third parties – including affiliated companies, agents, advisors and other persons – is only permissible with the broker’s prior consent in text form. Disclosure to external legal, tax or financial advisors of the client who are themselves bound by professional confidentiality and are engaged to review the transaction is – exclusively for that purpose – also permissible without prior consent.

(2) If a main contract is concluded with a third party as a result of unauthorised disclosure of an offer or property-related communication, the client owes the broker damages in the amount of the agreed commission or the commission to be calculated pursuant to § 4 (lost commission). This also applies if the success of the brokerage or evidence activity is thwarted or otherwise fails to materialise due to unauthorised disclosure or another culpable breach by the client.

(3) The broker is entitled, for each case of culpable breach of the confidentiality obligations under paragraph 1, to demand a contractual penalty in the amount of two net monthly rents of the contract space or – in case of purchase transactions – in the amount of 2.0 % of the transaction value of the respective property, but at least EUR 25,000. The contractual penalty shall be credited against any further damages claim (in particular under paragraph 2).

(4) The confidentiality obligation also continues for three years after termination of the brokerage contract. Information already publicly known or which has become known to the client from another source not attributable to the broker is excluded.

§ 9 Liability

(1) We are liable without limitation for damage arising from injury to life, body or health based on an intentional or negligent breach of duty by the broker, its legal representatives or agents, as well as for other damage based on intentional or grossly negligent breach of duty by the broker, its legal representatives or agents, and under the Product Liability Act.

(2) For damage caused by ordinary negligence, we are only liable in case of breach of a material contractual obligation (cardinal duty), i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the client may regularly rely. In such case, our liability is limited to the foreseeable damage typical for this type of contract.

(3) Any further liability is excluded. This also applies to the personal liability of our legal representatives, employees and agents.

(4) We assume no liability for the correctness, completeness or up-to-dateness of information originating from third parties (in particular owners, landlords, lessees, authorities, public registers) and merely forwarded by us. This applies in particular to information on area size, building condition, defects, permits, energy certificates, development, possible uses, rental income and tenant creditworthiness. The broker is under no obligation of its own to examine or research such information.

(5) Insofar as our liability is excluded or limited, this also applies to the personal liability of our bodies, employees and agents.

(6) Claims for damages against us become time-barred within one year from the statutory commencement of the limitation period. This does not apply to claims based on intent, gross negligence, breach of material contractual obligations, injury to life, body or health, under the Product Liability Act or from a guarantee; in these cases, the statutory limitation periods apply.

§ 10 Dual activity, outside commission, activity for third parties

(1) The client acknowledges and expressly consents to the broker, in the field of commercial real estate, being typically and also in the present case entitled to act simultaneously for both contracting parties (landlord and tenant or buyer and seller) and/or for third parties on a paid or unpaid basis. The broker’s commission claim vis-à-vis the client remains unaffected; no reduction of the commission on account of dual activity takes place.

(2) A conflict of interest is – to the extent legally permissible – mutually excluded. The broker is obliged to represent the interests of both sides in a balanced manner and to maintain confidentiality.

(3) Outside commission. The broker is entitled, in addition to the commission owed by the client (inside commission), to demand and receive a commission from the respective other party to the main contract (in particular tenant, lessee, buyer or seller) (outside commission). The client expressly consents to the receipt of such outside commission. The amount of the outside commission is governed by a separate agreement with the other party. No set-off of the outside commission against the inside commission owed by the client takes place. This shall only be different if the exclusion of the outside commission was expressly agreed between broker and client in text form.

§ 11 Sole mandate, qualified sole mandate, reimbursement of expenses

(1) Insofar as expressly agreed in text form, the brokerage contract may be issued as a simple or qualified sole mandate.

(2) Under a simple sole mandate, the client undertakes, for the term of the mandate, not to instruct any other broker with brokerage or evidence of the transaction. The client’s own activities remain permissible; any commission claims in such cases remain unaffected in accordance with § 6.

(3) Under a qualified sole mandate, the client additionally waives, for the term of the mandate, its own brokerage and evidence activities and undertakes to forward all business opportunities brought to its attention to the broker. If, during the term of a qualified sole mandate, a main contract is concluded through the client’s own activity or through the activity of another broker, we are nevertheless entitled to the full commission agreed or to be calculated pursuant to § 4.

(4) If a sole mandate is terminated by the client before the end of the agreed term without important cause attributable to the broker, or if the client by its conduct prevents the success of the contract, we are entitled to demand lump-sum reimbursement of expenses in the amount of 50 % of the commission that would presumably have accrued. The client retains the right to prove that no or significantly lower expenses arose.

§ 12 Term and termination

(1) Unless expressly agreed otherwise, brokerage contracts are concluded for an indefinite period and may be terminated by either party in text form with a notice period of four weeks to the end of a month.

(2) The right to extraordinary termination for cause remains unaffected.

(3) Commission claims arising from evidence or brokerage services already rendered remain unaffected by the termination of the brokerage contract; § 5 paragraph 3 (24-month follow-on period) applies mutatis mutandis.

§ 13 Referral bonus

(1) For candidates referred via our careers page by third parties who are hired by neospaces and successfully complete the agreed probation period, a referral bonus of up to EUR 5,000 (gross) may be paid.

(2) The exact amount varies depending on the position, seniority and difficulty of filling and is set by us at our reasonable discretion. The payout date and further conditions are likewise set at our reasonable discretion. There is no legal entitlement to a bonus.

(3) A bonus is only paid if the referred person was not already known to us prior to the referral – in particular not already contacted by us, not already in our active recruiting pipeline and has not applied independently within the past 12 months. Decisive is the date on which the referral is submitted via the referral form on the respective job page.

§ 14 Data protection

(1) The client consents to us collecting, processing, using and transmitting, to the extent necessary, personal and property-related data arising from the brokerage contract and its performance to prospective tenants/buyers, owners and other parties involved in the conclusion of the contract, subject to confidential treatment.

(2) Client and broker undertake to use the personal or company-related data respectively entrusted to them only for the fulfilment of their own business purposes and to comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) – also after termination of the contractual relationship.

(3) In all other respects, our privacy policy applies, available at neospaces.de/privacy-policy.

§ 15 Force majeure

Events of force majeure – including strike, lockout, official orders, pandemics, epidemics, war, riot, cyber attacks and other unforeseeable events for which we are not responsible – entitle us to postpone our services by the duration of the impediment plus a reasonable start-up time. If the impediment lasts longer than three months, both contracting parties are entitled to terminate the brokerage contract in text form.

§ 16 Final provisions

(1) The client may only set off undisputed or legally established claims against claims of the broker. The exercise of rights of retention is only permissible in respect of claims arising from the same brokerage contract.

(2) Where these Terms provide for text form, electronic transmission by email is also sufficient. Where written form is required by law or expressly agreed, the latter applies.

(3) The assignment of claims of the client from the brokerage contract to third parties requires our prior consent in text form; § 354a HGB remains unaffected.

(4) There are no oral side agreements. Amendments and additions to these Terms or to a brokerage contract require text form to be effective. This also applies to the waiver of the text form requirement.

(5) The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

(6) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with the brokerage contract and these Terms is Berlin, provided the client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. However, we are entitled to sue the client also at its general place of jurisdiction.

(7) Should individual provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the valid and enforceable rule that comes closest to the economic purpose of the invalid or unenforceable provision shall apply. The same applies to any gaps in the provisions.

(8) The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board, as our services are provided exclusively to entrepreneurs.