Buyer Agent Commission Agreement Template for Germany

The Buyer Agent Commission Agreement (Maklervertrag für Käufer) is a crucial document in German real estate transactions where a buyer seeks professional representation in property acquisition. This agreement is particularly important given German legal requirements for transparency in real estate commissions and the recent legislative changes affecting commission distribution between parties. The document serves to clearly define the relationship between the buyer and their appointed agent, establishing commission structures, service expectations, and mutual obligations. It's specifically designed to comply with German real estate regulations, including the BGB and MaBV, and is commonly used in both residential and commercial property transactions where professional representation is required. The agreement becomes especially relevant in competitive property markets where buyers need dedicated professional assistance to identify and secure suitable properties.

1. Parties: Identification of the Agent and the Buyer, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, including the Buyer's intention to acquire property and the Agent's qualification to provide such services

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Commission', 'Successful Transaction', etc.

4. Appointment and Scope of Services: Formal appointment of the Agent and detailed description of services to be provided, including property search, negotiation, and advisory services

5. Agent's Obligations: Detailed responsibilities of the Agent, including duty of care, confidentiality, and professional conduct requirements

6. Buyer's Obligations: Buyer's responsibilities, including providing accurate requirements, responding to proposals, and cooperating with the Agent

7. Commission Structure: Detailed explanation of commission calculation, including rate, base amount, and triggering events

8. Payment Terms: Timing and method of commission payment, including any deposit requirements and payment conditions

9. Term and Termination: Duration of the agreement, renewal provisions, and circumstances allowing early termination

10. Confidentiality: Obligations regarding confidential information shared during the engagement

11. Data Protection: GDPR compliance measures and data handling procedures

12. Liability and Insurance: Scope of Agent's liability, insurance requirements, and any limitations of liability

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

14. Entire Agreement: Integration clause confirming the agreement represents the complete understanding between parties