Agency Listing Agreement Template for Germany

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Key Requirements PROMPT example:

Agency Listing Agreement

"I need an Agency Listing Agreement under German law for an exclusive 12-month listing of a commercial office building in Frankfurt, with the agreement starting March 1, 2025, including specific provisions for international marketing and a tiered commission structure."

Document background
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.
Suggested Sections

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

Optional Sections

1. Exclusivity Provisions: Used for exclusive listing agreements to define the agent's exclusive rights and related obligations

2. International Marketing: Include when the property will be marketed internationally, covering additional requirements and jurisdictions

3. Property Management: Added when the agent will provide additional property management services during the listing period

4. Consumer Protection Clauses: Required when the property owner is acting as a consumer rather than a business entity

5. Multiple Property Provisions: Used when the agreement covers multiple properties

6. Special Commission Arrangements: Include for non-standard commission structures or success fees

7. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies and virtual showing rights

8. Energy Certificate Handling: Required for residential properties regarding energy performance certificate requirements

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including floor plans, measurements, and specifications

2. Marketing Plan: Detailed marketing strategy and timeline

3. Commission Schedule: Detailed breakdown of commission calculations and payment terms

4. Property Documentation: List of all property-related documents provided by the owner

5. Authorized Personnel: List of agent's team members authorized to handle the listing

6. Photography and Media Rights: Terms for creation and usage of property photographs and media

7. Price History: Historical pricing information and current pricing strategy

8. Required Disclosures: Mandatory property disclosures under German law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Residential Property

Property Development

Property Investment

Hospitality

Retail

Industrial

Office Space

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Marketing

Property Management

Asset Management

Transaction Services

Contract Administration

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Property Developer

Asset Manager

Real Estate Broker

Compliance Officer

Real Estate Partner

Transaction Manager

Marketing Manager

Commercial Director

Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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