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Brokerage Contract for Germany

Brokerage Contract Template for Germany

A German Brokerage Contract (Maklervertrag) is a legally binding agreement governed by the German Civil Code (BGB) that establishes the terms and conditions under which a broker provides intermediary services to a client. The document outlines the scope of services, commission structure, obligations of both parties, and compliance requirements under German law. It includes specific provisions for regulatory compliance, data protection under GDPR, and where applicable, consumer protection measures. The contract can be customized for various types of brokerage services, including real estate, financial instruments, or commercial transactions, while maintaining compliance with German federal and state regulations.

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What is a Brokerage Contract?

The Brokerage Contract (Maklervertrag) is essential for formalizing intermediary services in Germany, where brokerage activities are strictly regulated under the German Civil Code (BGB) and various sector-specific regulations. This document is used when engaging a broker to facilitate transactions, whether in real estate, financial instruments, or commercial goods. It should be implemented when there's a need to clearly define the broker's services, commission structure, and mutual obligations while ensuring compliance with German legal requirements. The contract includes crucial elements such as exclusivity provisions, success fee calculations, and regulatory compliance measures. It's particularly important as it provides legal protection for all parties and ensures transparency in the brokerage relationship while adhering to German commercial and consumer protection laws.

What sections should be included in a Brokerage Contract?

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

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

3. Definitions: Key terms used throughout the agreement, including 'Success Fee', 'Transaction', 'Target Object', etc.

4. Scope of Services: Detailed description of the broker's services and responsibilities

5. Broker's Obligations: Specific duties of the broker, including information obligations, confidentiality, and professional standards

6. Client's Obligations: Client's duties, including provision of necessary information and cooperation

7. Commission Structure: Details of the broker's compensation, including commission rates, payment triggers, and payment terms

8. Exclusivity: Whether the broker has exclusive rights and the implications thereof

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

10. Confidentiality: Obligations regarding confidential information handling

11. Data Protection: GDPR compliance and data handling procedures

12. Liability and Insurance: Limitation of liability and required insurance coverage

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

14. Miscellaneous: Standard legal provisions including severability, entire agreement, and amendments

What sections are optional to include in a Brokerage Contract?

1. Real Estate Specific Provisions: Additional provisions required for real estate brokerage, including property viewing arrangements and documentation requirements

2. Financial Instruments Provisions: Specific provisions for financial instrument brokerage, including regulatory compliance requirements

3. International Transactions: Additional provisions for cross-border transactions

4. Success Fee Calculation Examples: Detailed examples of commission calculations for complex fee structures

5. Non-Solicitation: Restrictions on soliciting other parties' clients or employees

6. Force Majeure: Provisions for extraordinary circumstances affecting performance

7. Anti-Money Laundering Compliance: Specific provisions for compliance with German Money Laundering Act when required

8. Consumer Protection Provisions: Additional provisions required when the client is a consumer, including withdrawal rights

What schedules should be included in a Brokerage Contract?

1. Schedule 1 - Service Description: Detailed description of specific brokerage services to be provided

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and examples

3. Schedule 3 - Required Documentation: List of documents required from both parties

4. Schedule 4 - Compliance Requirements: Specific regulatory compliance requirements applicable to the brokerage services

5. Appendix A - Power of Attorney: If applicable, terms of broker's authority to act on behalf of the client

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

7. Appendix C - Professional Insurance Certificate: Proof of broker's professional liability insurance

8. Appendix D - Standard Forms: Standard forms used in the brokerage relationship, such as property viewing forms or transaction reports

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses





































Relevant Industries

Real Estate

Financial Services

Insurance

Commercial Trade

Investment Banking

Commodities Trading

Art and Collectibles

Business Services

Mergers and Acquisitions

Import/Export

Relevant Teams

Legal

Compliance

Commercial

Sales

Business Development

Risk Management

Operations

Finance

Procurement

Real Estate

Investment

Contract Administration

Relevant Roles

Broker

Real Estate Agent

Commercial Broker

Financial Intermediary

Business Development Manager

Legal Counsel

Compliance Officer

Contract Manager

Risk Manager

Sales Director

Chief Commercial Officer

Business Development Director

Transaction Manager

Property Manager

Investment Advisor

Procurement 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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