Buyer Listing Agreement Template for Germany

The Buyer Listing Agreement (Suchauftrag) is a crucial document in German real estate transactions, used when a potential buyer engages a real estate broker to assist in finding and acquiring property. This agreement is particularly important in the German market where real estate agents play a significant role in property transactions and are subject to specific regulations under German law. The document outlines the broker's obligations to search for properties meeting the buyer's criteria, the buyer's obligations to work exclusively with the broker (if applicable), and the commission structure. It includes mandatory consumer protection provisions required by German law, GDPR compliance measures, and clear terms regarding the scope of services. The agreement becomes especially relevant in competitive property markets where buyers need professional assistance to access and evaluate available properties efficiently.

1. Parties: Identification of the real estate agent (broker) and the buyer client, including full legal names, addresses, and registration details for the broker

2. Background: Context of the agreement, establishing the buyer's intention to acquire real estate and the broker's professional capacity

3. Definitions: Key terms used throughout the agreement, including property criteria, commission, and service definitions

4. Scope of Services: Detailed description of the broker's services, including property search criteria, viewing arrangements, and negotiation support

5. Property Requirements: Specific criteria for the desired property, including location, size, price range, and essential features

6. Broker's Obligations: Detailed responsibilities of the broker, including search efforts, information provision, and professional conduct requirements

7. Client's Obligations: Client's responsibilities, including providing accurate information, attending viewings, and maintaining communication

8. Commission Structure: Clear terms of the broker's commission, payment conditions, and circumstances triggering payment obligation

9. Duration and Termination: Term of the agreement, notice periods, and conditions for termination

10. Exclusivity Terms: Whether the agreement is exclusive or non-exclusive, and related obligations

11. Data Protection: GDPR compliance provisions and handling of personal data

12. Right of Withdrawal: Consumer's right of withdrawal (Widerrufsrecht) as required by German law

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

14. Signatures: Execution block with date and signatures of all parties