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Real Estate Agent Contract

Real Estate Agent Contract Template for Germany

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Key Requirements PROMPT example:

Real Estate Agent Contract

"I need a Real Estate Agent Contract for an exclusive arrangement to sell a portfolio of luxury residential properties in Munich, with a minimum listing price of €2 million per property and a 12-month term starting January 2025."

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Document background
A Real Estate Agent Contract is a fundamental document used in the German real estate market to establish a professional relationship between real estate agents and their clients. This contract is essential for any property-related service engagement, whether for sale, purchase, or rental of residential or commercial properties in Germany. The document must comply with strict German regulations, including the Bürgerliches Gesetzbuch (BGB), Makler- und Bauträgerverordnung (MaBV), and relevant consumer protection laws. It details commission structures, service scope, obligations of both parties, and includes mandatory disclosures required under German law. The contract also incorporates necessary data protection provisions in accordance with the GDPR, making it suitable for both domestic and international transactions within the German market.
Suggested Sections

1. Parties: Identification of the real estate agent and the client (seller/landlord/buyer/tenant)

2. Background: Context of the agreement and general purpose of the agency relationship

3. Definitions: Key terms used throughout the agreement including Property, Services, Commission, etc.

4. Scope of Services: Detailed description of the real estate agent's services and obligations

5. Agent's Obligations: Specific duties and responsibilities of the agent including marketing, viewings, and documentation

6. Client's Obligations: Client's responsibilities including providing accurate information and access to the property

7. Commission Structure: Detailed terms of commission, payment conditions, and triggering events as per German law

8. Term and Termination: Duration of the agreement and termination provisions

9. Data Protection: GDPR compliance provisions regarding handling of personal data

10. Confidentiality: Provisions regarding confidential information handling

11. Liability and Insurance: Scope of agent's liability and required insurance coverage

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

Optional Sections

1. Exclusive Agency Terms: Used when the agreement is for exclusive representation, defining the scope of exclusivity

2. International Client Provisions: Additional provisions for non-German clients including language requirements and international payment terms

3. Property Management Services: Additional terms for when the agent provides property management services beyond basic agency

4. Marketing Budget: Specific provisions regarding marketing expenses and cost allocation when special marketing campaigns are planned

5. Multiple Properties: Additional terms when the agreement covers multiple properties

6. Success Bonus: Optional performance-based additional compensation terms

7. Anti-Money Laundering Compliance: Enhanced compliance terms for high-value transactions or specific client categories

Suggested Schedules

1. Property Details: Detailed description of the property(ies) covered by the agreement

2. Commission Schedule: Detailed breakdown of commission rates and calculation methods

3. Service Level Agreement: Detailed description of service standards and response times

4. Marketing Plan: Detailed marketing strategy and activities planned

5. Required Documentation: List of required documents and forms under German law

6. Data Processing Agreement: Detailed GDPR-compliant data processing terms

7. Proof of Insurance: Copy of agent's professional liability insurance

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agent
Agreement
Applicable Laws
Business Day
Client
Commission
Confidential Information
Data Protection Laws
Effective Date
Exclusive Period
Force Majeure
Intellectual Property Rights
Marketing Materials
Marketing Plan
Personal Data
Property
Property Documentation
Purchase Price
Rental Price
Services
Service Period
Success Fee
Term
Territory
Transaction
Viewing
Working Hours
Marketing Budget
Professional Liability Insurance
Brokerage Services
Due Diligence Materials
Listing Price
Market Value
Property Portfolio
Commission Trigger Event
Clauses
Appointment
Scope of Services
Exclusivity
Commission
Payment Terms
Agent Obligations
Client Obligations
Property Marketing
Viewings and Access
Data Protection
Confidentiality
Term and Duration
Termination
Force Majeure
Liability
Insurance
Warranties and Representations
Anti-Money Laundering
Documentation Requirements
Marketing Authorization
Property Information
Success Fee
Compliance with Laws
Notices
Assignment
Severability
Entire Agreement
Amendments
Governing Law
Dispute Resolution
Third Party Rights
Professional Standards
Intellectual Property
Relevant Industries

Real Estate

Residential Property

Commercial Property

Retail Property

Industrial Property

Hospitality

Mixed-Use Development

Luxury Real Estate

Property Development

Property Investment

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Client Relations

Property Management

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Portfolio Manager

Property Consultant

Managing Director

Operations Manager

Client Relations Manager

Real Estate Investment Manager

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - particularly §§ 652-656 regarding broker contracts (Maklervertrag) and general contract law provisions
Gewerbeordnung (GewO): German Trade Regulation Act - specifically §34c regarding the licensing requirements for real estate agents
Makler- und Bauträgerverordnung (MaBV): Real Estate Agent and Commercial Construction Contractor Regulation - detailing specific obligations of real estate agents
Wohnungsvermittlungsgesetz (WoVermG): Housing Agency Law - specifically for residential property brokerage
Gesetz gegen den unlauteren Wettbewerb (UWG): Unfair Competition Act - regarding marketing and advertising practices
Datenschutz-Grundverordnung (DSGVO): General Data Protection Regulation (GDPR) - for handling personal data of clients
Geldwäschegesetz (GwG): Money Laundering Act - regarding due diligence obligations in real estate transactions
Preisangabenverordnung (PAngV): Price Indication Regulation - regarding the proper disclosure of commission and fees
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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