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General Terms and Conditions

  • Preliminary remarks:

    The managing director Mr. Marcin Adamek (hereinafter referred to as "broker") assures that he has the legally required requirements for the exercise of an activity as a broker according to § 34c GewO. These GTC are the subject of an oral or written brokerage contract. The contractual partner at the time of conclusion of the contract is:

    BEST CAPITAL represented by
    Marcin Adamek
    Am Hohen Feld 129
    13125 Berlin
    Telephone: +49 30 23354689
    Internet: www.bestcapital.gmbh
    E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

  • Scope, duration of contracts, agreements, NDA or signature authorisation:

    The following General Terms and Conditions apply to all contracts and legal transactions between the broker and the customer. Customer within the meaning of this contract can be both the seller of a property and the buyer as well as the landlord as well as the tenant, who is referred to in compliance with the provisions of the ordering principle as the seeker of an apartment, an office space or a hall for production etc. If we are talking about a main contract, then this means a purchase, rental or lease agreement. Insofar as there are individual contractual regulations that deviate from the provisions of these or contradict them, the individual contractual regulations shall take precedence. These General Terms and Conditions (GTC) can be changed and adapted by us at any time without having to inform the business partners and are valid from the date of change and publication on this website.

    If no duration is stipulated in the contract, agreement or NDA between the broker and the business partner, the duration is set at two years and cannot be terminated earlier by the client. However, the real estate agent can terminate the contract without giving reasons and with immediate effect.

    The undersigned party, who enters into a written agreement with the broker and whatever, assures with his signature that he is authorised to sign for the above-mentioned companies, otherwise he is privately liable in case of non-compliance or violation of this agreement.

  • Conclusion of the brokerage contract:

    The written form is not required for the conclusion of the brokerage contract. The brokerage contract can also be legally effective by the fact that the broker offers an object of purchase (e.g. Internet, newspaper, notice), is recognisable as a broker, quantifies his commission claim in the event of success and an interested party turns to him to retrieve services from him (e.g. exposé). In this case, the brokerage contract is concluded orally and implicitly. In the case of a rental property, if a commission claim against the apartment seeker is to arise, a search order from the apartment seeker is required for the conclusion of a brokerage contract in text form. The implicit conclusion of a brokerage contract between an apartment seeker and a broker is not possible. The brokerage contract between a landlord and a broker is concluded with the issuance of the order by the landlord and acceptance by the broker. If a written brokerage contract has been concluded or if individual agreements have been made, the agreements mentioned therein shall take precedence over these GTC.

    The brokerage contract between the buyer (investor) and the broker himself is also concluded when the broker sends the potential buyer (investor) a property with postal address in the form of an exposé (teaser) by e-mail, the buyer (investor) reports no prior knowledge to the broker within 5 AT and he buys directly or indirectly this property from the owner with or without any cooperation of the broker.

  • Mutual Obligation:

    The parties shall endeavour to the best of their knowledge and belief to support the other contractual partner in the performance of its obligation by providing information, information or experience in the best possible way, in order to enable both parties to have a smooth and efficient workflow. The seller grants the broker power of attorney to inspect the land register, all official files as well as the WEG administrator to exercise rights as he is entitled to as the apartment owner.

  • Seller's power of attorney:

    The seller grants the broker power of attorney to inspect the land register, all official files as well as the WEG administrator to exercise rights as he is entitled to as the apartment owner.

  • Prior knowledge:

    Pursuant to Section 242 of the German Civil Code (BGB), any "prior knowledge" of the property must be substantiated to us within 5 days, including the name of the party who originally provided the information; otherwise, the opportunity to conclude a transaction for this property shall be deemed previously unknown. In such a case, our offer shall be considered the initial disclosure, thereby triggering a commission obligation should the recipient—or any natural or legal person affiliated with them—acquire the property. This applies regardless of whether the property is acquired through a private sale, a compulsory auction, a bidding process, the purchase of secured claims (such as land charges), or the acquisition of shares in a company. The aforementioned commission shall also become due if this offer is passed on to third parties without our prior written consent. Should prior knowledge exist, the business partner is obligated to provide the real estate agent with the following information within 5 business days:

    • The date on which the real estate offer was received
    • The name of the real estate agent and their agency
    • The name of the owner
  • Prohibition of disclosure of information:

    All information that the customer receives from the broker is intended solely for him. He is therefore expressly prohibited from passing on any information to third parties without the written consent of the broker. If the customer violates this obligation and a third party to whom he has passed on the information concludes a main contract with the broker's client, the customer is obliged to pay the broker damages in the amount of the agreed commission plus VAT.

  • Dual activity of the broker:

    In the event that it is a purchase contract to be mediated, the broker may act on a commission both for the seller and on the buyer. In the case of a lease to be mediated, the broker may only work either for the landlord or only for the tenant subject to commission.

  • Replacement business, subsequent business:

    If, instead of the originally intended transaction, another main contract for another object between the broker's client and the broker's client or a surcharge by way of a foreclosure auction is concluded, the customer is nevertheless obliged to pay the commission to the broker. The same applies if, in the course of contact with the broker's client and the broker customer, further objects of the client become known within 24 months and the broker client acquires, rents or leases one or more of these objects. If a commission has been agreed with the client, the client is also obliged to pay the commission to the broker. Furthermore, this regulation applies if a rental or lease agreement is concluded instead of the purchase contract or vice versa.

  • Broker Fee:

    Our offers are subject to commission for the investor/buyer/tenant. The commission rate stated in the advertisement or exposé applies. Our commissions are negotiable. In general these are:

    • For purchase contracts or contracts for joint investment (joint venture) at home and abroad, the brokerage fee is 7.14% of the notarial purchase price including statutory VAT and is due upon conclusion of the notarial contract and payable by the buyer to Marcin Adamek. When purchasing a property or a property portfolio with a value of over €10 million, the brokerage fee is reduced to 4.76%, over €25 million to 3.57% including statutory VAT. In the case of rental, the proof commission is set at a flat rate. If a transaction other than the one originally planned is concluded with the owner of the above-mentioned property/land, the commissions mentioned must also be paid.
    • for residential rental properties: 2.38 monthly rent including VAT; for graduated rental agreements, the average monthly rent based on the entire term is calculated as the monthly rent
    • for commercial rental properties:
    • for a term of less than 5 years, the commission is 2 months' rent including additional costs plus 19% VAT (= 2.38 monthly rents)
    • for a term of more than 5 years or for an unlimited period, the commission is 3 months' rent including additional costs plus VAT (= 3.57 monthly rents)
    • If extension option rights are agreed, the commission increases by an additional monthly rent including additional costs plus VAT (= 1.19 monthly rents)Sollte in einem schriftlichen Maklervertrag eine andere Vergütung vereinbart sein, so gilt diese als vereinbart.

    The claim to commission arises as soon as a purchase, rental or lease agreement or a contract for a joint investment (joint venture) is concluded due to the broker's proof/brokerage activity. The broker's commission is due upon conclusion of the main contract (purchase, rental or lease agreement or joint investment agreement (joint venture)).

    Payment of the broker fee

    The broker is entitled to pay out the agreed commission or the commission from the exposé (teaser), regardless of the legal form in which the ownership/ownership of the property or its shares is transferred, regardless of whether the broker represented the buying party, the selling party or both parties.

    The selling party or (and) the buyer undertakes to notify the broker no later than ten (10) working days before the intended conclusion of the purchase agreement, specifying the place of the transaction, the amount of the price to be paid for the subject property or its shares.

    Broker will provide a sample invoice for approval ten (10) business days prior to the transaction. The selling party or(and) the buyer undertakes on the day of receipt to accept the invoice or to present its objections also on the day of receipt. If no objections to the draft invoice are raised by the selling party or (and) the buyer on the day of receipt of the invoice, the invoice will be deemed valid and accepted by the selling party or (and) the buyer. The invoice can be sent electronically by email and the original by post or handed over in person on the day of the transaction. An electronically transmitted invoice has the same validity as the original.

    The commission amount is deposited in full by the broker's customer such as the seller or (and) buyer etc. 8 (eight) working days before the transaction with the notary as a deposit. The confirmation of the deposit of the commission is sent to the broker by the notary 8 (eight) days before the transaction in which the deposit is made. The broker has the right to choose which notary the commission is deposited with. The deposited commission will be paid out if one of the following conditions is met:

    • The transaction amount (sale price or capital) is credited to the seller’s bank account. The client is required to notify the broker and the notary—with whom the commission is held—in writing on the day the transaction amount is credited.
    • The client (i.e., the buyer or new owner of the property or its shares) shall provide confirmation that the transaction sum has been transferred or released from the notary’s escrow account to the seller’s account. The client is required to notify the broker and the notary—with whom the commission is held—on the day the transfer takes place.
    • Should the transaction between the parties fail, the client (whether buyer, seller, or both) must inform the broker or the notary within 5 business days from the date of the transaction. The funds held in the notary’s escrow account cannot be returned to the buyer or the seller until both parties have declared in writing that the transaction did not proceed.

    To the guaranteed commission owed to the broker, value added tax (VAT) will be added at the rate and in a manner consistent with the laws in force at the time of issuing a VAT invoice. If the transaction parties set payments in tranches, the broker also receives the remuneration in pro-rata tranches based on correctly issued VAT invoices.

    In the event that the customer, such as the seller or (and) the buyer, directly or indirectly concludes another type of contract for the transfer of ownership of the property or its shares with the customer named by the broker, such as the seller or (and) the buyer, a brokerage agreement is automatically concluded and the broker is automatically entitled to a commission. The commission amounts are stated in point 10 of these General Terms and Conditions.

    In the event of a sale of a property or its shares to the customer such as the seller or (and) the buyer to whom the broker has made an offer to sell the property or its shares, as well as in the case of the acquisition of these rights by his spouse, provisional, transferred, sibling or first class to the person designated by the broker and by a legal entity, organizational unit or partnership of which the person designated by the broker is a partner, a shareholder or in which he acts as a management or supervisory body or, if it is a legal entity, in the case of acquisition by a member, a member of the body and his spouse, provisional, transferor, sibling or first-degree bond person.

    The parties agree that the broker is entitled to a commission, even in the event of a transaction within 36 (thirty-six) months after the failure of the transaction, termination or expiration of a brokerage agreement.

  • Refund of confirmed expenses:

    If the desired contract is not concluded, the customer is obliged to reimburse the broker for the documented expenses incurred in fulfilling the order placed (e.g. advertising costs, telephone costs, travel costs, etc.). However, the refund may not exceed 25% of the expected commission.

  • Inquiry clause:

    Before concluding a main contract, the client undertakes to inform the broker stating the name and address of the intended contractual partner. This is to give the broker the opportunity to check whether the main contract has been concluded as a result of his verification or mediation activity. Furthermore, even after the conclusion of the main contract, the seller grants the broker authorisation for a period of 12 months to inspect the land register.

  • Liability, limitation of liability:

    The broker has not checked the completeness and correctness of the information passed on to the customer. He has passed on the information he has received from the seller or landlord/lessor or a commissioned third party. It is therefore the customer's task to verify the information. The broker assumes no liability for the accuracy of the information.

    Liability for negligent behaviour of the broker, his legal representative or vicarious agent is excluded.

  • Limitation:

    Claims of the customer against the broker expire after three years. If the statutory limitation period is shorter in the individual case, this shall apply.

  • Ancillary agreements, additional agreements:

    Each of the contractual partners may request changes to the agreed scope of services from the other contracting party in writing. Upon receipt of a change request, the recipient will check whether and under what conditions the change can be made and the applicant's consent or consent will be given to the amendment. Rejection immediately in writing and, if necessary, justify.

  • Severability clause:

    Should one or more provisions of these GTC or the brokerage contract be void or ineffective, the validity of the remaining provisions shall not be affected thereby. This also applies if one part of a regulation is void or ineffective, while another part is valid or effective. The respective void or ineffective provision shall be replaced by the one that comes closest to the originally intended and the economic interests of the contracting parties, without going against the remaining agreements.

  • Confidentiality and Non-Circumvention:

    The real estate agent acts in complete secrecy (off-market real estate) on behalf of his clients such as sellers (owners), buyers (investors), tenants, franchisors and hotel operators. Any information received from the real estate agent is confidential and must be treated by everyone and forever. Anyone who receives a real estate offer from the real estate agent and determines that it is not an option but knows another prospective buyer (investor) who would be interested in the property presented is obliged to introduce this prospective buyer (investor) to the real estate agent before this property is presented to the prospective buyer (investor). If the real estate agent has introduced the property owner (seller), the property owner (seller) may only be contacted with the real estate agent's consent. Every single contact must be approved by the real estate agent. Everyone hereby undertakes to adhere to the business policy of non-circumvention and not to deal with the Real Estate Agent in any way, whether directly or indirectly, nor to cooperate with the Real Estate Agent's business partners introduced during the cooperation by Real Estate Agent. If you have met the above-mentioned business partners previously, you must prove this in writing to the real estate agent within 5 working days. The ban on non-circumvention begins from the day of the performance and is agreed to last for 2 (two) years.

  • Mehrsprachigkeit:

    Legally binding text is the German version.

  • Place of jurisdiction:

    The legal provisions of the Federal Republic of Germany apply. If the client is a merchant within the meaning of the HGB, the place of jurisdiction is to choose the registered office of the broker, unless the real estate agent Marcin Adamek decides otherwise if it is a client from abroad.

  • Cancellation policy:

    Right of withdrawal

    You can cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, the timely dispatch of the revocation or the item is sufficient.

    The cancellation is to be addressed to:

    BEST CAPITAL represented by
    Marcin Adamek
    Am Hohen Feld 129
    13125 Berlin
    Telephone: +49 30 23354689
    Internet: www.bestcapital.gmbh
    E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

    Consequences of cancellation

    IIn the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you cannot return the received service to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation in this respect. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation notice or the item, for us with its receipt.

    Special information

    In the case of a service, your right of withdrawal expires prematurely if your contractual partner has begun to perform the service with your express consent before the end of the cancellation period or if you have initiated it yourself.

    End of cancellation policy

    Obligations under the Anti-Money Laundering Act (GwG)

    The legislature stipulates that contractual partners must be identified before a business relationship is established (Section 3 GwG). Real estate agents are now legally required to comply with this duty of care.

    The prospective buyer must have been identified by his/her real estate agent before sales contract negotiations are made possible. When identifying, either the ID card details must be recorded (name, date and place of birth, nationality, address, ID card number and the issuing authority) or a photocopy of the ID card must be made.

    In addition, your broker must clarify whether his customer is acting in his own economic interest or for a third party. It must also be recorded whether the contractual partner and, if applicable, the “beneficial owner” is a “politically exposed person”.

    As a customer, you are now legally obliged to provide your real estate agent with the information and documents necessary to fulfill the GwG brokerage obligations and to immediately notify in writing of any changes that arise in the course of the business relationship (Section 4 Para. 6 GwG).