Broker commission calculation leasehold

  • Erstellt am 2020-03-18 17:16:58

knalltüte

2020-03-18 17:16:58
  • #1
Hello,

could someone with legal knowledge kindly translate this for me into "German"?
Unfortunately, I do not understand this (or, I cannot calculate the expected fees accordingly).

Commission note: In the event of the order or transfer of a heritable building right in the main contract,
the basis for calculating the commission/ brokerage fee of 5.95% gross including 19% VAT
is the value of the heritable building right.
The value of the heritable building right is calculated from the heritable building ground rents due during the (remaining) term of the heritable building right agreement by applying a discount rate equal to the base interest rate of the ECB valid at the time of notarization of the main contract.
Any purchase price for the establishment or transfer of the heritable building right is added.
This commission/ brokerage fee is earned and due upon notarization of the main contract and is to be paid by the client/ holder of the heritable building right to the company xxx Immobilien, owner xxx xxx.


The affected plot of land is 308 m² in size, and the purchase price is set at 340 euros/m².
The heritable building ground rent is 6.80 euros/m² (2,094.40 euros annually). There is no obligation to build.

Best regards

zapp
 

nordanney

2020-03-18 17:28:44
  • #2
Real estate agent commission part 1: 308sqm x 340€ x 5.95% = €6.2k Real estate agent commission part 2: €2,094.40 x duration of the ground lease --> to be discounted to present value with the interest rate you specified x 5.95% = €XXXk ==> With a current base interest rate of 0% and an assumed ground lease term of 99 years, this is €207,345.60 x 5.95% = €12.3k So total real estate agent commission of approx. €18.5k (with a 99-year ground lease term).
 

knalltüte

2020-03-18 17:35:51
  • #3
Hi,

thanks for the quick information, my brother with the slightly larger
plot (338 m²) was told on the phone today about approx. 38K€

Could this be due to some kind of constellation?

May I possibly ask about your legal background?
(how certain is this information?)

zapp
 

Tassimat

2020-03-18 17:40:50
  • #4
Request a proper calculation, provide it, and we will review it. That is a bit easier.
 

nordanney

2020-03-18 18:31:30
  • #5
I am a real estate banker and private investor. In my opinion, the calculation is 99.9% correct based on your specifications. As Tassimat says, give us the broker's calculation for your brother's commission. The commission corresponds to a value of approximately €640k.
 

knalltüte

2020-03-18 18:45:18
  • #6
Thank you!
That is of course an amazing amount. But still far from what has been announced today.
Let's wait for the invoices (with calculations). Before that, nothing can really be done anyway...
Best regards
zapp
 

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