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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."
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
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
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
Property
Services
Commission
Effective Date
Term
Listing Price
Marketing Materials
Exclusive Period
Business Day
Confidential Information
Completion
Property Documentation
Prospective Purchaser
Sale
Purchase Price
Marketing Plan
Transaction
Agent
Principal
Force Majeure
Intellectual Property Rights
Personal Data
Professional Standards
Required Consents
Territory
Viewing
Working Hours
Authorized Personnel
Commission Trigger Event
Property Title
Land Register Extract (Grundbuchauszug)
Energy Certificate (Energieausweis)
Marketing Authorization
Success Fee
Authority
Scope of Services
Commission
Payment Terms
Property Access
Marketing Rights
Exclusivity
Duration
Termination
Property Information
Confidentiality
Data Protection
Intellectual Property
Warranties
Representations
Liability
Indemnification
Insurance
Force Majeure
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Consumer Rights
Compliance
Property Documentation
Marketing Standards
Professional Obligations
Success Fee
Competition
Dispute Resolution
Real Estate
Commercial Property
Residential Property
Property Development
Property Investment
Hospitality
Retail
Industrial
Office Space
Mixed-Use Development
Legal
Real Estate
Sales
Business Development
Compliance
Operations
Marketing
Property Management
Asset Management
Transaction Services
Contract Administration
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
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