General Terms and Conditions (AGB)

1. Preliminary remarks

The managing director Mr. Marcin Adamek (hereinafter referred to as "broker") assures that he has the legally required prerequisites for exercising an activity as broker according to § 34c GewO. These terms and conditions are the subject of a verbal or written brokerage contract. The contractual partner when the contract is concluded is:

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

2. Scope, Duration of Contracts, Agreements or NDA'a

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 the seller of a property as well as the buyer as well as the landlord as well as the tenant, who is named as a person looking for an apartment, an office space or a hall for production etc. in compliance with the provisions of the ordering principle. If a main contract is mentioned, then it means a purchase, rental or lease agreement. Insofar as there are individual contractual provisions that deviate from or contradict the provisions of these, the individual contractual provisions take precedence. These General Terms and Conditions (AGB) can be changed and adapted by us at any time without having to inform the business partner and are valid from the day of the change and publication on this website.

If no term is specified in the contract, agreement or NDA between the agent and the business partner, the term will be 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.

3. Realization of the brokerage contract

A written form is not required to conclude a brokerage agreement. A brokerage agreement can also be legally effective if the broker offers the property (e.g. by sending an e-mail exposure), can be considered an broker, determines his claim for commissions in case of success, and the interested party asks him for brokerage services (e.g. expose real estate). In this case, the brokerage agreement is concluded orally and by default. In the case of renting a property, if a commission claim must be made against an applicant for an apartment, a text search request is required from the person seeking an apartment to conclude a brokering agreement. It is not possible to conclude an agency agreement between the apartment seeker and the agent. An agency agreement between the landlord and the broker is concluded when the landlord places a search order and the broker accepts it. In the event of a written brokerage agreement or individual agreement being concluded, the aforementioned agreements shall take precedence over these General Terms.

4. Mutual commitment

The parties endeavor to the best of their knowledge and belief to support the other contractual partner in the fulfillment of his obligation by providing information, information or experience in the best possible way, in order to enable both parties a smooth and efficient workflow. The seller grants the broker power of attorney to inspect the land register, all official files and also to the WEG administrator to exercise rights as they are entitled to him as the owner of the apartment.

5. Power of attorney of the seller

The seller authorizes the broker to inspect the land register, in all official files as well as vis-à-vis the WEG administrator to exercise the rights that they are entitled to as apartment owners.

6. Previous knowledge

According to § 242 of the German Civil Code, “prior-knowledge” must be conclusively proven to us within 5 days with the name of the first person providing proof, otherwise the opportunity to conclude this offer is considered as previously unknown. Otherwise, our offer is considered as initial proof and therefore triggers a commission obligation in the event that the recipient or a natural, legal person connected with you acquires the object. This also applies if the offered object is acquired by hand or in a compulsory sale procedure or by means of an offer guarantee or by purchase of receivables of the land debt or purchase of shares in the company. Payment of the above commission is also due if this offer is passed on to third parties without our written consent. If there is prior knowledge, the business partner is obliged to inform the real estate agent of the following within 5 working days:

  • Date of receipt of a real estate offer
  • Name of the real estate agent and his real estate agency
  • Name of the owner

7. Ban on disclosure of information

All information that the customer receives from the broker is intended solely and exclusively for him. It is therefore expressly prohibited for any information to be passed on to third parties without the broker's written consent. 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 compensate the broker in the amount of the agreed commission plus VAT.

8. Double activity of the broker

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

9. Replacement business, follow-up business

If, instead of the originally intended business, another main contract for another property between the client of the broker and the client of the broker or a knockdown by way of foreclosure comes into effect, the customer is nevertheless obliged to pay the commission to the broker . The same applies if, in the course of contact with the client of the broker and the broker client, further objects of the client become known within 24 months and the broker client acquires, rents or leases one or more of these items. 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.

10. Brokerage commission

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

  • for sales contracts or contracts for joint investment (joint venture) in Germany and abroad, the commission is 7.14% of the notarial purchase price including VAT and is due when the contract is concluded and paid 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 VAT. In the case of a rental, there is a flat rate Determination of the proof commission. Comes with the owner / owner of the above Real estate / property other than the originally intended business, the commissions mentioned are also payable.
  • for residential rental properties: 2.38 monthly rents incl. VAT, for graduated rental contracts, the monthly rent based on the total term is calculated as monthly rent
  • for commercial rental properties:
    • with a term of less than 5 years, the commission is 2 monthly rents including additional costs plus 19% VAT (= 2.38 monthly rents)
    • with a term of more than 5 years or unlimited, the commission is 3 monthly rents including additional costs plus VAT (= 3.57 monthly rents)
    • if extension options are agreed, the commission increases by a further monthly rent including additional costs plus VAT (= 1.19 monthly rent)

If other remuneration has been agreed in a written brokerage contract, this is deemed to have been agreed.

The commission claim arises as soon as a purchase, rental or lease or contract (agreement) of joint-venture investment is concluded based on the proof or the brokerage. The broker commission is due upon conclusion of the main contract (purchase, rental, lease or joint-venture investment agreement ).

Payment of the commission

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

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

The Agent 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 on the day of receipt as well. If the selling party or (and) the buyer does not object to the draft invoice on the day of receipt of the invoice, the invoice is deemed valid and accepted by the selling party or (and) the buyer. The invoice can be sent electronically by e-mail and the original by post or handed over personally 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 client such as seller or (and) buyer etc. 8 (eight) working days before the transaction at the notary as a deposit. Confirmation of the deposit of the commission will be 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 with which notary the commission is deposited. The deposited commission is paid out if one of the following conditions is met:

  • The transaction amount (sales price or capital) is credited to the seller's bank account. The customer is obliged to inform the broker and the notary with whom the commission is kept in writing about the booking of the transaction amount on the day of booking.
  • The customer as well as the buyer, i.e. the new owner etc. of the property or its shares, presents a confirmation of the transfer or release of the transaction amount from the notarial deposit to the seller's account. The customer is obliged to notify the broker and the notary at whom the commission is kept on the day of the transfer.
  • The customer such as buyer or (and) seller etc. does not inform the broker or notary within 5 working days from the date of the transaction that a transaction between them has failed. The amount of the notarized security deposit cannot be returned to the buyer or (and) seller until both parties have stated in writing that the transaction has not materialized.

Value-added tax (VAT) is added to the guaranteed commission owed to the broker at the rate and in a manner consistent with the law in force at the time a VAT invoice is issued. If the parties to the transaction specify payments in tranches, the broker also receives the remuneration in proportionate tranches on the basis of correctly issued VAT invoices.

In the event that the customer such as the seller or (and) the buyer, with the customer named by the broker such as the seller or (and) buyer directly or indirectly concludes another type of contract for the transfer of ownership of the property or its shares a brokerage contract is automatically concluded and the broker is automatically entitled to a commission. The commission amounts are specified 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, provisionally transferred , Siblings or first-class to the person named by the broker and through a legal person, organizational unit or partnership whose partner is the person named by the broker, a shareholder or in which he is active as a management or supervisory body, or if so is a legal person, in the case of acquisition by a member, a member of the body and his / her spouse, provisional, transferring, sibling or binding person of the first degree.

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

11. Reimbursement of proven expenses

If the desired conclusion of the contract does not come about, the customer is obliged to reimburse the broker for the expenses incurred and proven in the fulfillment of the placed order (e.g. insertion costs, telephone costs, travel expenses, etc.). However, the reimbursement must not exceed 25% of the expected commission.

12. Consultation clause

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

13. Liability, limitation of liability

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

Liability for negligent behavior of brokers, their legal representatives or vicarious agents is excluded.

14. Limitation

The customer's claims against the broker expire after three years. If the statutory limitation period is shorter in individual cases, this applies.

15. Subsidiary agreements, additional agreements

Each of the contractual partners can request changes to the agreed scope of services from the other contractual partner in writing. Upon receipt of a change request, the recipient will check whether and under what conditions the change can be carried out and immediately notify the applicant in writing of the consent or rejection and give reasons if necessary

16. Severability clause

Should one or more provisions of these terms and conditions or the brokerage contract be invalid or ineffective, the effectiveness of the remaining provisions will not be affected. This also applies if part of a regulation is void or ineffective, but another part is valid or effective. The respectively void or ineffective provision is to be replaced by the one that comes closest to the originally intended and the economic interests of the contracting parties, without contradicting the other agreements.

17. Confidentiality and Non-Circumvention

The real estate agent acts in full secrecy (off-market property) on behalf of its clients such as seller (owner), buyer (investor), leaseholder, franchisor and hotel operator. All information received from the real estate agent is confidential and must be treated by everyone and forever. Everyone who receives a real estate offer from the real estate agent and determines that it is out of the question but knows another prospective buyer (investor) who would be interested in the property presented, he is obliged to present this prospective buyer (investor) to the real estate agent before this property Prospective buyer (investor) is presented. If the real estate agent has introduced the property owner (seller), the property owner (seller) may only be contacted with the consent of the real estate agent. Every single contact must be approved by the real estate agent. Everyone hereby undertakes to adhere to the business principles regarding non-circumvention and not to deal with the real estate agent in any way, regardless of whether directly or indirectly, and also not to work with the real estate agent's business partners who were introduced by the real estate agent during the cooperation. If you got to know the named business partner earlier, you have to prove it to the real estate agent in writing and within 5 working days. The prohibition of non-circumvention begins on the day of the performance and is agreed for a period of 2 (two) years.

18. Multilingualism

The legally binding text is the German version.

19. Place of jurisdiction

If the client is a merchant within the meaning of the HGB, the place of jurisdiction is the broker's company headquarters. Otherwise, the legal provisions of the Federal Republic of Germany apply.

20. Right of withdrawal

You can revoke your contract declaration within 14 days in writing (e.g. letter, fax, e-mail) without giving reasons. The period begins after receipt of this instruction in writing, 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 the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. Timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.

The revocation must be sent to:

BEST CAPITAL represented by
Marcin Adamek
Am Hohen Feld 129
13125 Berlin
Telefon: +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

In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.

special instructions

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

End of revocation

Obligations under the Money Laundering Act (GwG)

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

The prospective buyer must have been identified by his / her real estate agent before the purchase contract negotiations are made possible. When identifying, either the ID data 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 has to 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 AMLA brokerage obligations and to notify immediately in writing of any changes that arise in the course of the business relationship  (§ 4 Abs. 6 GwG).

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