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Broker Fee Contract
"I need a Broker Fee Contract for a real estate brokerage service in Munich, with a 3.57% commission rate and split payment terms between buyer and seller, to be effective from March 1, 2025."
1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration details
2. Background: Context of the brokerage relationship and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific German legal terms
4. Scope of Services: Detailed description of the brokerage services to be provided
5. Broker's Obligations: Specific duties and responsibilities of the broker, including information obligations
6. Client's Obligations: Client's duties, including provision of necessary information and cooperation
7. Commission Structure: Details of the broker's fees, calculation method, and payment terms
8. Success Condition: Clear definition of when the broker's service is considered successful and commission becomes due
9. Payment Terms: Timing and method of payment, including any installment arrangements
10. Exclusivity: Whether the broker has exclusive rights and the terms of such exclusivity
11. Term and Termination: Duration of the agreement and conditions for termination
12. Confidentiality: Obligations regarding confidential information
13. Data Protection: GDPR compliance and data handling procedures
14. Governing Law: Confirmation of German law application and jurisdiction
15. Signatures: Execution block for all parties
1. Dual Agency: Required when broker may act for both parties, common in real estate transactions
2. Special Qualifications: Include when broker holds specific licenses or qualifications relevant to the service
3. Real Estate Specific Terms: Required for real estate brokerage, including property details and special regulations
4. Financial Instruments: Required for financial brokerage, including regulatory compliance statements
5. Insurance: Details of professional liability insurance when required by law or requested by client
6. Marketing Authorization: Specific permissions for marketing activities, particularly relevant in real estate
7. Sub-brokers: Terms for involvement of sub-brokers or cooperation partners
8. Force Majeure: Provisions for extraordinary circumstances affecting performance
1. Service Description: Detailed breakdown of specific services to be provided
2. Fee Schedule: Detailed commission calculations and examples
3. Required Documents: List of documents required from client for different transaction types
4. Broker Licenses: Copies of relevant broker licenses and certifications
5. Property Details: For real estate brokerage: specific property information and documentation
6. Marketing Plan: Detailed marketing strategy and activities (if applicable)
7. Compliance Checklist: Regulatory requirements and compliance procedures
8. Data Processing Agreement: Detailed GDPR-compliant data processing terms
Authors
Broker (Makler)
Brokerage Services (Maklerdienste)
Client (Auftraggeber)
Commission (Maklerprovision)
Confidential Information (Vertrauliche Informationen)
Effective Date (Datum des Inkrafttretens)
Exclusivity Period (Exklusivitätszeitraum)
Force Majeure (Höhere Gewalt)
Intellectual Property Rights (Geistige Eigentumsrechte)
Material Breach (Wesentliche Vertragsverletzung)
Object of Brokerage (Maklerobjekt)
Professional Services (Professionelle Dienstleistungen)
Proof of Performance (Leistungsnachweis)
Success Condition (Erfolgsbedingung)
Success Fee (Erfolgshonorar)
Target Transaction (Zieltransaktion)
Term (Vertragslaufzeit)
Territory (Vertragsgebiet)
Transaction Value (Transaktionswert)
Working Day (Arbeitstag)
Applicable Law (Anwendbares Recht)
Broker License (Maklerlizenz)
Commission Rate (Provisionssatz)
Due Date (Fälligkeitsdatum)
Payment Terms (Zahlungsbedingungen)
Required Documentation (Erforderliche Unterlagen)
Service Period (Leistungszeitraum)
Third Party (Dritte Partei)
Definitions
Services Scope
Broker Obligations
Client Obligations
Commission
Success Conditions
Payment Terms
Exclusivity
Term
Termination
Confidentiality
Data Protection
Anti-Money Laundering
Compliance
Warranties
Liability
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Amendments
Governing Law
Jurisdiction
Documentation Requirements
Professional Standards
Reporting
Insurance
Intellectual Property
Third Party Rights
Dispute Resolution
Consumer Protection
Marketing Authorization
Sub-contracting
Regulatory Compliance
Broker Qualifications
Information Obligations
Record Keeping
Conflict of Interest
Real Estate
Financial Services
Insurance
Investment Banking
Commercial Trade
Business Brokerage
Mergers and Acquisitions
Property Development
Commodity Trading
Private Equity
Venture Capital
Legal
Compliance
Real Estate
Sales
Business Development
Commercial
Corporate Development
Partnerships
Operations
Risk Management
Transaction Advisory
Investment
Property Management
Broker
Real Estate Agent
Financial Advisor
Business Development Manager
Investment Consultant
Commercial Agent
Property Manager
Mergers & Acquisitions Advisor
Legal Counsel
Compliance Officer
Contract Manager
Business Broker
Sales Director
Partnership Manager
Transaction Manager
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