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Broker Intermediary Agreement Template for Germany

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Key Requirements PROMPT example:

Broker Intermediary Agreement

"I need a Broker Intermediary Agreement for our German real estate company to engage independent brokers across Bavaria, with specific provisions for digital property marketing and GDPR compliance, to be implemented by March 2025."

Document background
This document serves as the primary contractual framework for establishing broker-principal relationships under German law. A Broker Intermediary Agreement is essential when a company seeks to engage an intermediary to facilitate transactions, source business opportunities, or represent their interests in specific markets. The agreement must comply with German legal requirements, particularly the provisions of the BGB (§§ 652-656) regarding broker contracts (Maklervertrag) and the HGB for commercial relationships. It typically includes detailed provisions on service scope, territory rights, commission structures, compliance obligations, and data protection requirements under GDPR. The document is particularly important in regulated industries where specific licensing and compliance requirements apply, and it helps protect both parties by clearly defining their rights, obligations, and risk allocation.
Suggested Sections

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

2. Background: Context of the agreement, nature of the principal's business, and purpose of engaging the broker

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

4. Appointment and Scope: Terms of broker's appointment, exclusivity/non-exclusivity, and detailed description of brokerage services

5. Broker's Rights and Obligations: Detailed responsibilities, service standards, reporting requirements, and compliance obligations

6. Principal's Rights and Obligations: Principal's commitments, information provision obligations, and support to be provided to the broker

7. Commission Structure: Detailed fee arrangements, calculation methods, payment terms, and conditions for commission eligibility

8. Term and Termination: Duration of agreement, renewal terms, termination rights, and post-termination obligations

9. Confidentiality: Protection of confidential information, data handling, and security measures

10. Data Protection: GDPR compliance measures, data processing terms, and privacy protection obligations

11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

12. General Provisions: Standard clauses including notices, amendments, assignment, severability, and governing law

Optional Sections

1. Non-Competition: Restrictions on broker's activities with competitors, used when exclusive arrangements are desired

2. Marketing and Branding: Guidelines for use of principal's branding and marketing materials, relevant for customer-facing brokers

3. Training and Support: Details of training provided by principal, included when complex products/services require specific expertise

4. Performance Targets: Specific KPIs and performance metrics, used in performance-based arrangements

5. Compliance with Industry Regulations: Specific regulatory requirements, included for regulated sectors like financial services or real estate

6. Sub-Brokers: Terms for engaging sub-brokers or agents, included when sub-delegation is permitted

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of brokerage services and deliverables

2. Schedule 2 - Commission Structure: Detailed commission calculations, examples, and special case scenarios

3. Schedule 3 - Territory Definition: Geographical or market segment definitions for broker's activities

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports and documentation

5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Required Documentation: List of regulatory or compliance documents required from the broker

Authors

Alex Denne

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

Financial Services

Insurance

Import/Export

Manufacturing

Technology

Professional Services

Commodities Trading

Energy

Telecommunications

Relevant Teams

Legal

Compliance

Commercial

Sales

Business Development

Finance

Risk Management

Procurement

Operations

Partner Management

Relevant Roles

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Commercial Director

Chief Commercial Officer

Procurement Manager

Channel Manager

Partnership Manager

Contract Manager

Risk Manager

Chief Financial Officer

Managing Director

Operations Director

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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