The Real Estate Agent Contract With Broker is a fundamental document used in German property transactions to formalize the relationship between property owners/sellers and real estate brokers. This agreement is essential when engaging professional real estate services for property sales or leasing in Germany, where specific regulations govern broker activities and commission structures. The document addresses key aspects required under German law, including the recent changes in broker commission sharing regulations, compliance with the German Civil Code (BGB), and relevant consumer protection laws. It's particularly important as it defines the scope of broker services, commission terms, exclusivity arrangements, and mutual obligations while ensuring compliance with German real estate industry standards and data protection requirements. The agreement serves as a crucial tool for protecting both parties' interests and establishing clear parameters for the professional relationship.
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1. Parties: Identification of the principal and the real estate broker, including full legal names, addresses, and registration details for the broker
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Successful Transaction', etc.
4. Scope of Services: Detailed description of the broker's services, including marketing, viewings, and negotiation responsibilities
5. Broker's Rights and Obligations: Specific duties of the broker, including marketing efforts, reporting requirements, and professional standards
6. Principal's Rights and Obligations: Principal's responsibilities, including providing accurate information and reasonable cooperation
7. Exclusivity: Terms regarding whether the agreement is exclusive or non-exclusive
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission becoming due
9. Duration and Termination: Term of the agreement and conditions for termination by either party
10. Data Protection: GDPR compliance provisions and data handling procedures
11. Confidentiality: Obligations regarding confidential information
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Success Fee: Additional performance-based compensation structure, used when parties agree to performance bonuses
2. International Transactions: Special provisions for international buyers or sellers, included when targeting international market
3. Marketing Budget: Specific provisions about marketing expenses and cost allocation, used when significant marketing investment is required
4. Sub-Agents: Terms for involving other brokers or agents, included when cooperation with other agents is anticipated
5. Property Management: Additional services related to property management, included when broker offers these services
6. Special Property Types: Specific provisions for commercial, industrial, or luxury properties, used when dealing with non-standard residential properties
1. Property Details: Detailed description of the property, including address, specifications, and any special features
2. Commission Calculation Examples: Illustrative examples of how commission will be calculated in different scenarios
3. Marketing Plan: Detailed marketing strategy and timeline
4. Required Documentation: List of necessary documents for property transactions
5. Broker's License and Qualifications: Copies of broker's professional licenses and certifications
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Property Management
Real Estate Investment
Construction
Commercial Property
Residential Property
Luxury Real Estate
Industrial Property
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Property Management
Contract Administration
Risk Management
Operations
Relevant Roles
Real Estate Agent
Property Broker
Real Estate Manager
Property Developer
Real Estate Investment Manager
Legal Counsel
Compliance Officer
Property Sales Manager
Business Development Manager
Contract Manager
Real Estate Portfolio Manager
Property Acquisition Manager
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