Agreement Between Brokers

Agreement Between Brokers Template for Germany

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Key Requirements PROMPT example:

"I need an Agreement Between Brokers for a collaboration between our Munich-based real estate brokerage firm and a Frankfurt partner, starting March 2025, with specific territory allocations and cross-referral provisions for luxury residential properties valued over €2 million."

Document background

The Agreement Between Brokers is essential for establishing formal collaboration between brokerage professionals or firms operating under German jurisdiction. This document is typically used when brokers wish to formalize their working relationship, share clients or territories, or collaborate on specific transactions. It addresses crucial aspects such as commission splitting, client protection, confidentiality, and compliance with German regulatory requirements including the Handelsgesetzbuch (HGB) and Bürgerliches Gesetzbuch (BGB). The agreement is particularly important in regulated industries such as financial services, real estate, and insurance, where clear delineation of responsibilities and compliance with industry standards is crucial. It provides a framework for professional cooperation while protecting each party's interests and ensuring adherence to German legal and regulatory requirements.

Suggested Sections

1. Parties: Identification of the brokers entering into the agreement, including their full legal names, registration numbers, and business addresses

2. Background: Context of the agreement, describing the nature of the brokers' businesses and their intention to collaborate

3. Definitions: Key terms used throughout the agreement, including specific industry terminology and defined concepts

4. Scope of Cooperation: Details of how the brokers will work together, including territories, market segments, and types of transactions covered

5. Duties and Responsibilities: Specific obligations of each broker, including client handling, information sharing, and professional standards

6. Commission Structure: Framework for calculating and sharing commissions, including payment terms and conditions

7. Confidentiality: Provisions for handling confidential information and trade secrets

8. Data Protection: GDPR compliance measures and data handling procedures

9. Non-Competition: Restrictions on competing activities during and after the agreement

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

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

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

Optional Sections

1. Client Allocation: Used when specific rules for client assignment between brokers need to be established

2. Marketing and Branding: Include when brokers need to coordinate their marketing efforts or use each other's brands

3. Professional Insurance: Required when specific insurance requirements need to be maintained by either party

4. Dispute Resolution: Optional alternative dispute resolution procedures, such as mediation before litigation

5. Training and Support: Include when one broker will provide training or technical support to the other

6. Compliance Requirements: Specific regulatory compliance obligations, particularly relevant for financial or real estate brokers

7. Force Majeure: Include when specific circumstances for contract suspension need to be defined

Suggested Schedules

1. Commission Rates: Detailed breakdown of commission rates for different types of transactions

2. Territory Map: Geographic areas covered by the agreement, if applicable

3. Required Licenses: List of mandatory licenses and certifications required by each party

4. Operating Procedures: Detailed procedures for day-to-day cooperation and transaction handling

5. Approved Marketing Materials: Templates and guidelines for joint marketing activities

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

7. Contact Details: List of key personnel and their contact information for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Real Estate

Insurance

Investment Banking

Commodities Trading

Maritime Services

Commercial Property

Securities Trading

Asset Management

Wealth Management

Relevant Teams

Legal

Compliance

Operations

Business Development

Risk Management

Regulatory Affairs

Client Services

Finance

Partnership Management

Contract Administration

Relevant Roles

Broker

Managing Director

Chief Executive Officer

Compliance Officer

Legal Counsel

Operations Manager

Business Development Manager

Partnership Manager

Regional Director

Head of Brokerage

Risk Manager

Regulatory Affairs Manager

Contract Manager

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Authors

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