Commercial Real Estate Broker Fee Agreement Template for Germany

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Key Requirements PROMPT example:

Commercial Real Estate Broker Fee Agreement

"I need a Commercial Real Estate Broker Fee Agreement for engaging an exclusive broker to find premium office space in Munich's business district, with a 3% commission structure and six-month exclusivity period starting March 2025."

Document background
The Commercial Real Estate Broker Fee Agreement is essential for establishing professional relationships in German commercial property transactions. It is used when engaging a broker to facilitate the sale, purchase, or lease of commercial real estate properties in Germany. The agreement must comply with German legal requirements, particularly the BGB (German Civil Code) and MaBV (Real Estate Agent and Property Developer Ordinance). It typically includes detailed service specifications, commission structures, success criteria, and mutual obligations. This document is crucial for protecting both the broker's right to commission and the client's interests, while ensuring transparency in the transaction process. It's particularly important in the German market where broker fees for commercial properties can be substantial and regulatory compliance is strictly enforced.
Suggested Sections

1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the commercial property requirements

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

4. Scope of Services: Detailed description of the broker's services, including property search, viewings, negotiations, and documentation

5. Exclusive Appointment: Terms of exclusivity (if applicable) and duration of the broker's appointment

6. Broker's Obligations: Detailed responsibilities including information provision, confidentiality, and compliance with relevant regulations

7. Client's Obligations: Client's duties including information provision, cooperation, and viewing coordination

8. Commission Structure: Detailed breakdown of the broker's fee, calculation method, and payment conditions

9. Payment Terms: When and how the commission becomes due, payment methods, and invoicing procedures

10. Term and Termination: Duration of the agreement and conditions for termination

11. Confidentiality: Obligations regarding confidential information and data protection

12. Liability and Insurance: Scope of broker's liability, professional insurance requirements, and limitation of liability provisions

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

14. Entire Agreement: Integration clause and relationship to prior agreements

Optional Sections

1. Post-Termination Obligations: Used when there's a need to specify ongoing obligations after agreement termination, particularly for commission claims on pending transactions

2. Sub-Brokers: Include when the broker may need to engage other brokers or agents

3. Marketing Authorization: Required when specific marketing activities and permissions need to be detailed

4. Anti-Money Laundering Compliance: Detailed section needed for high-value transactions or when dealing with foreign clients

5. Property Portfolio Management: Include when the broker will manage multiple properties or ongoing requirements

6. Success Fee Structure: Used when including additional performance-based compensation

7. Digital Services: Include when the broker provides specific online or digital marketing services

Suggested Schedules

1. Schedule 1: Service Specification: Detailed breakdown of all services to be provided by the broker

2. Schedule 2: Commission Calculation: Detailed formula and examples of commission calculations for different transaction types

3. Schedule 3: Property Requirements: Specific details of the type, size, location, and other requirements of the desired property

4. Schedule 4: Marketing Plan: If applicable, detailed marketing strategy and activities

5. Schedule 5: Documentation Requirements: List of required documentation for property transactions and client verification

6. Appendix A: Power of Attorney: If required, authorization for the broker to act on behalf of the client

7. Appendix B: Broker's Licenses: Copies of relevant broker licenses and certifications

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

Commercial Real Estate

Retail

Industrial and Manufacturing

Office Space and Business Parks

Logistics and Warehousing

Hospitality and Tourism

Healthcare Facilities

Mixed-use Development

Banking and Financial Services

Professional Services

Relevant Teams

Real Estate

Legal

Finance

Procurement

Operations

Facilities Management

Business Development

Corporate Services

Risk Management

Compliance

Relevant Roles

Real Estate Broker

Commercial Property Manager

Facilities Manager

Chief Financial Officer

Head of Real Estate

Property Investment Manager

Real Estate Development Director

Location Planning Manager

Corporate Real Estate Manager

Legal Counsel

Procurement Manager

Business Development Manager

Asset Manager

Expansion Director

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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