Broker Seller Agreement

Broker Seller Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Broker Seller Agreement for my real estate company based in Munich, establishing an exclusive arrangement with a broker to sell high-end residential properties, with a 12-month exclusivity period starting March 1, 2025, and including specific performance targets."

Document background

The Broker Seller Agreement is a crucial document used to establish a formal business relationship between a broker and a seller in the German market. This agreement is particularly important as it must comply with specific provisions of German law, including the German Commercial Code (HGB) and Civil Code (BGB). The document is typically used when a seller wishes to engage a professional broker to market and sell their products, properties, or services, and needs to establish clear terms for commission, responsibilities, and compliance requirements. The agreement addresses key aspects such as exclusivity, payment terms, and regulatory compliance, while incorporating necessary provisions for data protection under BDSG and professional conduct requirements under GewO. The Broker Seller Agreement serves as a comprehensive framework for the broker-seller relationship, protecting both parties' interests while ensuring compliance with German legal requirements.

Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of brokerage services to be provided, including specific obligations and responsibilities

5. Broker's Rights and Obligations: Comprehensive listing of the broker's duties, including compliance with GewO and professional standards

6. Seller's Rights and Obligations: Detailed obligations of the seller, including information provision and cooperation requirements

7. Commission Structure: Details of commission rates, calculation methods, and payment terms as per HGB requirements

8. Payment Terms: Specific terms for commission payment, including timing and conditions precedent

9. Exclusivity: Terms regarding exclusive or non-exclusive brokerage rights

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

11. Data Protection: BDSG compliance requirements and data handling procedures

12. Term and Termination: Duration of the agreement and termination provisions as per HGB

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

Optional Sections

1. Success Fee: Additional performance-based compensation structure, used when parties agree to performance bonuses

2. Marketing Authorization: Specific permissions for marketing activities, used when broker will conduct advertising

3. Non-Compete: Restrictions on competitive activities, used in exclusive arrangements

4. Insurance: Professional liability insurance requirements, mandatory for certain types of brokers

5. Anti-Money Laundering: Specific GwG compliance procedures, required for real estate and certain financial brokers

6. Sub-Agents: Terms for allowing and regulating sub-agents, used when sub-contracting is permitted

7. International Transactions: Additional provisions for cross-border activities, used for international brokerage

8. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term agreements

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures and calculations

2. Schedule 2 - Service Specifications: Detailed description of specific services to be provided

3. Schedule 3 - Reporting Templates: Standard forms for activity reporting and commission calculations

4. Schedule 4 - Compliance Procedures: Detailed compliance requirements and procedures

5. Schedule 5 - Marketing Guidelines: Approved marketing practices and materials

6. Appendix A - Required Documentation: List of required documents for transactions

7. Appendix B - Contact Details: Key contact information for both parties

8. Appendix C - Data Processing Agreement: Detailed GDPR/BDSG compliance procedures and requirements

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

Real Estate

Financial Services

Insurance

Art and Collectibles

Business Brokerage

Commercial Property

Industrial Equipment

Luxury Goods

Agricultural Products

Commodities Trading

Relevant Teams

Legal

Sales

Compliance

Finance

Operations

Business Development

Risk Management

Commercial Operations

Procurement

Executive Leadership

Relevant Roles

Chief Executive Officer

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Commercial Director

Broker

Sales Agent

Contract Manager

Risk Manager

Operations Director

Chief Financial Officer

Procurement Manager

Business Owner

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Authors

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