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Agreement Between Broker And Buyer Template for Germany

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Key Requirements PROMPT example:

Agreement Between Broker And Buyer

"I need an Agreement Between Broker And Buyer for a residential property search in Munich, with a 6-month term starting January 2025, including standard commission rates and non-exclusive terms."

Document background
The Agreement Between Broker And Buyer is essential for establishing clear professional relationships in German property and business transactions. This document is used when a buyer seeks professional assistance in identifying and acquiring properties or businesses, requiring formal documentation of the service arrangement. The agreement must comply with German legal requirements, including the Civil Code (BGB), Real Estate Brokerage Ordinance (MaBV), and relevant consumer protection laws. It typically includes detailed provisions about the broker's services, commission structures, obligations of both parties, and confidentiality requirements. The document is particularly important in the German market where broker relationships are heavily regulated and commission structures are subject to specific legal requirements.
Suggested Sections

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

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

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

4. Scope of Services: Detailed description of the broker's services, including property search criteria and reporting obligations

5. Broker's Obligations: Specific duties of the broker, including information disclosure, due diligence, and confidentiality requirements

6. Buyer's Obligations: Buyer's responsibilities, including providing accurate requirements, cooperating with the broker, and maintaining confidentiality

7. Commission Structure: Details of the broker's commission, payment terms, and conditions for when commission becomes due

8. Term and Termination: Duration of the agreement and circumstances under which either party may terminate

9. Confidentiality: Obligations regarding confidential information and its protection

10. Data Protection: GDPR compliance provisions and data handling procedures

11. Liability and Insurance: Limitation of liability clauses and insurance requirements

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

13. Notices: Process and requirements for formal communications between parties

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Exclusivity Rights: Used when the broker is granted exclusive rights to represent the buyer

2. International Transactions: Include when transactions might involve properties or parties outside Germany

3. Special Property Types: Added for specific types of properties (commercial, industrial, etc.) with unique requirements

4. Post-Termination Obligations: Include when specific obligations survive the termination of the agreement

5. Sub-Brokers: Include when the broker may engage other brokers or agents

6. Force Majeure: Added to address extraordinary circumstances affecting performance

7. Anti-Money Laundering Compliance: Detailed AML procedures when dealing with high-value transactions

Suggested Schedules

1. Schedule 1: Property Requirements: Detailed specification of the buyer's property requirements and search criteria

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

3. Schedule 3: Required Documentation: List of documents required from both parties for compliance and transactions

4. Schedule 4: Service Level Agreement: Specific performance metrics and service standards for the broker

5. Appendix A: Power of Attorney: If applicable, authorization for the broker to act on behalf of the buyer

6. Appendix B: Compliance Checklist: Regulatory compliance requirements and verification procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail Property

Investment Services

Property Development

Business Brokerage

Luxury Real Estate

Agricultural Real Estate

Relevant Teams

Legal

Real Estate

Compliance

Finance

Operations

Business Development

Acquisitions

Investment

Property Management

Contract Administration

Relevant Roles

Real Estate Broker

Property Consultant

Business Development Manager

Acquisition Manager

Real Estate Agent

Investment Advisor

Legal Counsel

Compliance Officer

Contract Manager

Property Portfolio Manager

Business Broker

Transaction 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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