The Exclusive Listing Agreement (Alleinauftrag) is a crucial document in German real estate transactions, used when a property owner wishes to grant exclusive marketing and selling rights to a single real estate broker or agency. This document is particularly important in the German market where exclusive arrangements are common for high-value properties and professional real estate services. The agreement typically includes detailed provisions for property marketing, broker's services, commission structures, and compliance with German regulations including the BGB (German Civil Code), anti-money laundering laws, and data protection requirements. It provides security for brokers investing significant resources in marketing while ensuring property owners receive committed, focused service. The document is structured to address specific German legal requirements while maintaining flexibility for various property types and market conditions.
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1. Parties: Identification of the property owner (seller) and the real estate broker, including full legal names, addresses, and registration details for the broker
2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', and 'Successful Transaction'
4. Property Details: Comprehensive description of the property, including address, land registry details, and key characteristics
5. Appointment and Exclusivity: Clear statement of the broker's exclusive appointment and the scope of exclusivity
6. Broker's Services: Detailed description of services to be provided by the broker, including marketing, viewings, and negotiation support
7. Property Owner's Obligations: Seller's commitments, including providing accurate information, allowing viewings, and maintaining the property
8. Commission Structure: Details of the broker's commission, including rate, calculation method, and payment conditions in accordance with German law
9. Term and Termination: Duration of the exclusive period and conditions for termination
10. Data Protection: GDPR compliance provisions regarding the handling of personal data
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. International Marketing: Additional provisions for marketing the property internationally, including language requirements and foreign buyer considerations
2. Property Management: Optional provisions for property management services during the listing period
3. Digital Marketing Rights: Specific provisions for digital and social media marketing, including rights to use property images and virtual tours
4. Success Fee Arrangements: Additional performance-based compensation structures beyond the standard commission
5. Post-Termination Provisions: Extended commission rights for prospects introduced during the exclusive period
1. Property Description Schedule: Detailed technical description of the property, including measurements, features, and condition
2. Marketing Plan: Detailed marketing strategy and activities to be undertaken by the broker
3. Commission Examples: Practical examples of commission calculations in different transaction scenarios
4. Property Documentation: List of property-related documents provided by the owner
5. Broker's Marketing Materials: Templates or examples of marketing materials to be used
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Property Development
Professional Services
Legal Services
Property Management
Real Estate Investment
Relevant Teams
Real Estate Operations
Legal
Compliance
Marketing
Sales
Business Development
Contract Administration
Property Management
Valuations
Client Relations
Relevant Roles
Real Estate Broker
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Real Estate Marketing Manager
Business Development Manager
Sales Director
Contract Manager
Real Estate Portfolio Manager
Property Valuation Specialist
Real Estate Operations Manager
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