Real Estate Listing Contract Generator for Germany

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Key Requirements PROMPT example:

Real Estate Listing Contract

"I need a Real Estate Listing Contract for my luxury villa in Munich, with exclusive listing rights for 6 months starting March 1, 2025, including provisions for international marketing and virtual tours, with a 3.5% commission structure."

Document background
The Real Estate Listing Contract serves as the foundational document for professional property marketing and sales services in Germany. This agreement is essential when a property owner wishes to engage a professional real estate broker to market and sell their property in compliance with German regulations. The document outlines the broker's services, commission structure, and both parties' obligations, ensuring alignment with German legal requirements including the BGB and MaBV. It can be used for various property types, from residential homes to commercial buildings, and can be structured as either an exclusive or non-exclusive listing arrangement. The contract typically includes detailed property information, marketing authorizations, data protection provisions, and specific terms for commission payment, all tailored to meet German legal standards and market practices.
Suggested Sections

1. Parties: Identification of the real estate agent/agency and the property owner, including full legal names, addresses, and registration details

2. Background: Brief context about the property listing arrangement and the intention to engage brokerage services

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

4. Property Details: Comprehensive description of the property, including address, land registry details, and relevant characteristics

5. Scope of Services: Detailed description of the broker's services, marketing activities, and obligations

6. Listing Period: Duration of the listing agreement, including start date and termination provisions

7. Commission Structure: Detailed breakdown of the broker's commission, payment conditions, and circumstances under which commission becomes due

8. Property Owner's Obligations: Responsibilities of the property owner, including providing accurate information and property access

9. Marketing Authorization: Permission to market the property and use photographs, details in advertisements

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

11. Termination Rights: Conditions and process for terminating the agreement

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

Optional Sections

1. Exclusivity Clause: Used when the agreement is an exclusive listing, defining the terms of exclusive representation

2. Energy Certificate: Required when the property requires an energy performance certificate under EnEV

3. Special Marketing Provisions: Include when specific marketing strategies or premium advertising packages are agreed upon

4. International Marketing: Added when the property will be marketed internationally, including provisions for foreign buyer considerations

5. Property Management: Include when the broker will also provide property management services during the listing period

6. Dual Agency Disclosure: Required when the broker may represent both seller and potential buyers

7. Virtual Tour Authorization: Include when virtual tours or 3D scans will be part of the marketing strategy

Suggested Schedules

1. Schedule 1: Property Description: Detailed technical description of the property, including floor plans, land register details

2. Schedule 2: Marketing Package: Detailed breakdown of marketing activities and associated costs

3. Schedule 3: Commission Calculation: Detailed examples of commission calculations in various transaction scenarios

4. Schedule 4: Property Photographs: Approved photographs and marketing materials for the property

5. Appendix A: Energy Certificate: Copy of the property's energy performance certificate

6. Appendix B: Property Documents: List of all relevant property documents provided by the owner

7. Appendix C: Marketing Timeline: Proposed timeline for marketing activities and key milestones

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
Relevant Industries

Real Estate

Property Development

Property Management

Construction

Real Estate Investment

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Marketing

Property Management

Asset Management

Transaction Services

Client Relations

Relevant Roles

Real Estate Agent

Property Broker

Real Estate Manager

Property Manager

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Real Estate Partner

Property Sales Consultant

Real Estate Marketing Manager

Transaction Manager

Portfolio Manager

Asset Manager

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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