General Terms and Conditions SCANDIC ESTATE

As of: July 1, 2025

1. Scope of Application

1.1 SCANDIC ESTATE (hereinafter referred to as SCANDIC ESTATE) provides its services to its contractual partner (hereinafter referred to as the Client) on the basis of these General Terms and Conditions. This also applies insofar as SCANDIC ESTATE refers to the GTC in its offer.

1.2 Employees and other staff of SCANDIC ESTATE are not authorized to make verbal side agreements or provide verbal assurances that go beyond the content of the respective offer submitted at least in text form, including these General Terms and Conditions.

2. Offers

Our offers are made to the best of our knowledge and belief. They are non-binding and subject to change.

3. Entitlement to Fees

A brokerage service by SCANDIC ESTATE is the provision of proof of a contractual opportunity or the mediation of a main contract (purchase, pre-purchase, lease, rental, exchange, transfer of ground lease rights, or economically equivalent contracts) that is at least partially responsible for the conclusion of the main contract.

4. Amount and Calculation Basis of Fees

4.1 Unless the fee is specified in the offer and the offer is not fee-free for the contractual partner, the following fee rates apply in the case of successful proof of a tenant/buyer or successful mediation of a rental or purchase contract. The fee rates are always exclusive of any applicable value-added tax.

4.2 For rental or lease agreements, the fee is:

  • for a term of up to 5 years, three times the net monthly rent
  • for a term of more than 5 years, four times the net monthly rent

The net monthly rent always refers to all rented spaces as well as car and bicycle parking spaces. The fee calculation is based on the agreed net monthly rent in the main contract. In the case of a graduated rent, the average net monthly rent calculated over the entire fixed term of the rental agreement is used to determine the fee amount. Rent-free periods and other incentives do not reduce the basis for calculating the fee entitlement.

4.3 For purchase contracts, a tiered sliding scale model applies to the purchase price:

  • up to €5 million: 5% of the notarized net purchase price,
  • over €5 million to €10 million: 4% of the notarized net purchase price,
  • over €10 million to €50 million: 3% of the notarized net purchase price,
  • over €50 million to €100 million: 2.5% of the notarized net purchase price, and
  • over €100 million: 2% of the notarized net purchase price

4.4 In the case of the transfer of a ground lease right on a property, our fee is calculated based on the tiered scale in 4.3, using 80% of the value of the property and any existing buildings including essential components, or the ground rent for the next 20 years after the conclusion of the ground lease agreement, whichever is higher.

5. Notification of Prior Knowledge

SCANDIC ESTATE is entitled to the fee regardless of any prior knowledge of the Client, provided SCANDIC ESTATE makes a causal contribution to the conclusion of the main contract.

6. Confidentiality of Provided Information – Consequences of Non-Compliance

The Client is obligated to treat the information and documents provided exclusively for their use as confidential. Publication, reproduction, or disclosure to third parties is prohibited. If an unauthorized disclosure to third parties results in a main contract, the Client is liable to pay the fee that would have been due to SCANDIC ESTATE if SCANDIC ESTATE had provided the proof or mediated the main contract.

7. Additional Obligations of the Client

7.1 The Client is obligated to provide SCANDIC ESTATE with all necessary information for the marketing of the properties (e.g., energy certificate) in a timely manner.

7.2 The Client is obligated to immediately notify SCANDIC ESTATE of the conclusion of the main contract and provide a copy thereof.

7.3 The Client is obligated to guarantee that any images or other visualizations provided are free from third-party rights and to indemnify SCANDIC ESTATE from any third-party claims and associated costs arising from any violation or lack of rights.

8. Press Releases / Online Marketing

8.1 In press releases by the Client related to the commissioned work, SCANDIC ESTATE must be named as the advisor.

8.2 SCANDIC ESTATE may market the Client’s property online, including in the “SCANDIC ESTATE Property Search” (SCANDIC ESTATE), using the documents provided by the Client. No verification of the accuracy of the documents is conducted. The Client is solely responsible for the accuracy and completeness of the documents and the rights to them, and hereby indemnifies SCANDIC ESTATE from any third-party claims.

9. Liability

9.1 The statements made in documents sent by SCANDIC ESTATE, particularly regarding the location, condition, size, and terms of the offered space, properties, and, if applicable, the rights to the property companies and/or land, are made to the best of our knowledge and belief. The Client is responsible for independently verifying this information. The same applies to the attachments included in SCANDIC ESTATE’s documents.

9.2 SCANDIC ESTATE is liable for the accuracy, completeness, and timeliness of this information only in cases of intentional or grossly negligent conduct by SCANDIC ESTATE, its legal representatives, or its agents. In particular, claims for damages or information due to incomplete or incorrect information provided in the exposé are not substantiated.

9.3 SCANDIC ESTATE is liable for damages – regardless of the legal basis – within the scope of fault-based liability for intent and gross negligence. In cases of simple negligence, SCANDIC ESTATE is liable for damages resulting from the breach of essential contractual obligations (obligations whose fulfillment enables the proper execution of the contract and on whose compliance the Client regularly relies and may rely, see § 241 Abs. 2), limited to compensation for foreseeable, typically occurring damages. This exclusion and limitation of liability do not apply to damages resulting from injury to life, body, or health caused by a negligent breach of duty by SCANDIC ESTATE or an intentional or negligent breach of duty by a legal representative or agent of SCANDIC ESTATE, nor to other damages caused by a grossly negligent breach of duty by SCANDIC ESTATE or an intentional or grossly negligent breach of duty by a legal representative or agent of SCANDIC ESTATE, nor to persons specified in § 1816 Absatz 6.

9.4 The above liability limitations also apply to breaches of duty by or in favor of persons for whose fault SCANDIC ESTATE is responsible under statutory provisions.

10. Money Laundering Act, Bribery & Corruption

10.1 The Client is aware that SCANDIC ESTATE is obligated, under the provisions of the Money Laundering Act (GwG), to verify the identity of its clients when providing proof or mediating a property purchase or rental contract (for a net monthly rent exceeding €10,000). The Client is also aware that, under the provisions of the GwG, they are obligated to provide SCANDIC ESTATE with the necessary information and to immediately notify SCANDIC ESTATE in writing (email sufficient) of any changes that arise during the course of the business relationship.

10.2 The Client and SCANDIC ESTATE confirm that they will comply with the provisions of the GwG within the scope of their business relationship. In the event of a breach, SCANDIC ESTATE reserves the right to extraordinary termination.

10.3 The parties confirm that they will comply with all applicable laws to combat bribery and corruption (“Anti-Corruption Laws”), in particular §§ 331–337 of the Criminal Code (StGB).

What is Money Laundering?

Money laundering is the process by which illegally obtained funds are transformed to appear as if they originate from legal sources. The purpose of this process is to conceal the origin of the money and integrate it into the legal economic cycle. Typically, money laundering involves three phases: placement, layering, and integration.

The Phases of Money Laundering

  • Placement

    In this initial phase, illegal funds are introduced into the financial system. This can occur, for example, through deposits into bank accounts, the purchase of assets (such as real estate or valuables), or other methods. The goal is to bring the “dirty” money into the regular financial cycle.

  • Layering

    Here, the funds are moved through a series of transactions to obscure their origin. This may involve transfers between different accounts, the purchase and sale of assets, or the use of complex financial instruments. The multitude of steps makes it difficult to trace the origin of the money.

  • Integration

    In the final phase, the laundered funds are reintroduced into the economy as if they came from legal sources. This often occurs through investments, business ventures, or the purchase of luxury goods, allowing the money to be used freely.

Relevant German Laws to Combat Money Laundering

Germany has developed a comprehensive legal framework to prevent and punish money laundering. The most important laws and regulations are:

Money Laundering Act (GwG)
The Money Laundering Act (GwG) is the central regulation for combating money laundering in Germany. It sets out the obligations for financial institutions, certain companies (e.g., real estate agents, lawyers), and other obligated entities to prevent money laundering and terrorist financing. Key points include:
  • Customer Due Diligence (CDD): Obligated entities must verify the identity of their clients, identify the beneficial owner, and assess the risk of money laundering.
  • Reporting Obligations: Suspicious transactions must be reported immediately to the Financial Intelligence Unit (FIU), which is located at the German Customs Service.
  • Record-Keeping Obligations: Transaction and client data must be retained for at least five years.
Criminal Code (StGB)
The Criminal Code (StGB) contains the criminal provisions for money laundering. In particular, § 261 StGB defines money laundering as a criminal offense. This includes concealing, disguising, or using assets derived from certain predicate offenses. Violations can be punished with imprisonment of up to five years (in severe cases, up to ten years).
Banking Act (KWG)
The Banking Act regulates the activities of financial institutions and includes provisions for preventing money laundering. It obliges banks and other financial institutions to establish internal safeguards, such as risk management systems, to detect and prevent suspicious activities.

Penalties for Violations

Non-compliance with legal requirements can have serious consequences:

  • Fines: Both companies and individuals can face high fines.
  • Imprisonment: In cases of criminally relevant behavior (e.g., under § 261 StGB), imprisonment is possible.
  • Reputational Damage: For companies, a violation can also lead to significant reputational damage.

International Cooperation

Germany actively cooperates with international organizations to combat money laundering. Particularly important is its membership in the Financial Action Task Force (FATF), an intergovernmental organization that sets global standards for combating money laundering and terrorist financing. These standards also influence German legislation.

11. Data Protection

Information on the processing of personal data within the scope of the business relationship between the Client and SCANDIC ESTATE can be found in our Data Protection Notice.

12. Reimbursement of Expenses

If no main contract is concluded, SCANDIC ESTATE may demand reimbursement from the Client for demonstrably incurred expenses, such as advertising costs, travel expenses, etc., up to a maximum of 10% of the agreed commission.

13. Limitation Period

Claims of the Client against SCANDIC ESTATE are subject to a limitation period of three years, unless otherwise provided by law.

14. Dual Activity of the Broker

Depending on the assignment, SCANDIC ESTATE may act for the seller/landlord or the buyer/tenant. However, simultaneous activity as a mediation broker for both parties is excluded.

15. Miscellaneous

15.1 If the Client is an entrepreneur within the meaning of § 14 BGB, a legal entity under public law, or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Frankfurt am Main. However, SCANDIC ESTATE is entitled in all cases to file a lawsuit at the Client’s general place of jurisdiction. German law applies exclusively, excluding reference norms to international conflict-of-law rules.

15.2 If any provision of these General Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the statutory provision. If no such provision exists, a valid substitute provision that comes as close as possible to the intended economic purpose shall apply. The same applies to any incompleteness of these provisions.

The German version of these General Terms and Conditions is authoritative.

SCANDIC ESTATE, a brand of
LEGIER Beteiligungsgesellschaft mbH
Kurfürstendamm 14
D-10117 Berlin (Federal Republic of Germany)
Telephone: +49 30 99211 - 3 469
Telephone: +49 30 99211 - 3 225
E-Mail: info@ScandicEstate.de
Commercial Register Berlin-Charlottenburg
(Federal Republic of Germany) HRB 57837
VAT ID: DE 413445833
Accessibility