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The Agency Listing Agreement is essential for formalizing the relationship between property owners and real estate agents in Germany. This document is used when a property owner wishes to engage a professional real estate agent to market and facilitate the sale or lease of their property. The agreement must comply with German legal requirements, particularly the Commercial Code (HGB) and Civil Code (BGB), while clearly defining the scope of the agent's authority, commission structure, and service obligations. It includes crucial details about property marketing rights, access arrangements, data protection compliance, and the conditions under which commission becomes payable. The document can be adapted for both residential and commercial properties, and can be structured as either an exclusive or non-exclusive listing arrangement.

1. Parties: Identification of the property owner/seller and the real estate agent, including full legal names, addresses, and registration details for the agent

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Effective Period', and other relevant terms

4. Property Details: Comprehensive description of the property, including address, land registry details, and relevant characteristics

5. Scope of Services: Detailed description of the agent's services, marketing activities, and obligations in accordance with §84 HGB

6. Agent's Authority: Extent and limitations of the agent's authority to act on behalf of the property owner

7. Listing Price and Commission: Agreed listing price for the property and commission structure, including triggering events for commission payment

8. Duration and Termination: Term of the agreement, notice periods, and termination rights in accordance with German law

9. Owner's Obligations: Property owner's responsibilities, including provision of information and cooperation requirements

10. Marketing Authorization: Permissions for advertising, property access, and use of marketing materials

11. Data Protection: GDPR compliance provisions regarding handling of personal data

12. Liability and Insurance: Agent's professional liability provisions and insurance requirements

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

14. Entire Agreement: Integration clause and relationship to other agreements

15. Signatures: Execution block for all parties