Real Estate Independent Contractor Agreement Template for Germany

The Real Estate Independent Contractor Agreement is essential for real estate companies operating in Germany who engage independent contractors rather than employees for real estate services. This document is crucial when establishing a non-employment business relationship while ensuring compliance with German regulations. It should be used when engaging real estate agents, brokers, or other professionals who will operate independently while representing the company's interests. The agreement includes critical elements such as commission structures, service scope, compliance requirements under German law, and clear distinctions from employment relationships. It addresses key German regulatory requirements including those under the BGB, MaBV, GewO, and GDPR, while providing flexibility for both parties to operate effectively in the real estate market.

1. Parties: Identification of the contracting parties - the real estate company and the independent contractor

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement, including specific real estate terminology

4. Scope of Services: Detailed description of real estate services to be provided by the contractor

5. Independent Contractor Status: Clear establishment of the independent contractor relationship and distinction from employment

6. Compensation and Commission Structure: Details of payment terms, commission rates, and calculation methods

7. Obligations and Responsibilities: Specific duties of the contractor including compliance with real estate regulations

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

9. Compliance with Laws: Obligations regarding real estate regulations, money laundering laws, and other applicable legislation

10. Confidentiality and Data Protection: GDPR compliance and handling of confidential information

11. Non-Compete and Non-Solicitation: Restrictions on competitive activities during and after the agreement

12. Insurance and Liability: Required insurance coverage and allocation of risks

13. Dispute Resolution: Procedures for handling disputes under German law

14. Governing Law: Specification of German law as governing law and jurisdiction