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Exclusive Tenant Brokerage Agreement Template for Germany

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Key Requirements PROMPT example:

Exclusive Tenant Brokerage Agreement

"I need an Exclusive Tenant Brokerage Agreement for our tech company's expansion into Munich, targeting Class A office space between 2,000-3,000 square meters, with the agreement to run from January 2025 for six months and including specific provisions for IT infrastructure requirements and environmental certifications."

Document background
The Exclusive Tenant Brokerage Agreement is a specialized contract used in the German real estate market when a prospective tenant seeks professional assistance in finding suitable rental property. This document is particularly important in Germany's regulated real estate brokerage sector, where clear documentation of the broker-client relationship is essential for legal compliance and fee enforcement. The agreement establishes exclusivity, preventing the client from engaging multiple brokers simultaneously, which helps avoid commission disputes and ensures focused service delivery. It contains mandatory provisions required by German law, including fee structures compliant with the Bestellerprinzip, data protection measures under GDPR, and broker obligations under the German Trade Regulation Act (Gewerbeordnung). The document is commonly used for both residential and commercial tenancies, particularly in competitive rental markets where professional search assistance is valuable.
Suggested Sections

1. Parties: Identification of the broker and the client (prospective tenant), including full legal names, addresses, and registration details for the broker

2. Background: Context of the agreement, including the client's intention to find suitable rental property and the broker's professional status

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Territory', 'Exclusive Period', and 'Success Fee'

4. Scope of Services: Detailed description of the broker's services, including property search, viewings, and negotiation support

5. Exclusivity: Terms establishing the exclusive nature of the relationship and restrictions on engaging other brokers

6. Broker's Obligations: Specific duties of the broker, including regular reporting, property viewings, and maintenance of necessary licenses

7. Client's Obligations: Client's duties, including providing accurate requirements, responding to proposals, and maintaining communication

8. Fees and Payment Terms: Structure and timing of broker's fees, including success fee calculation and payment conditions

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

10. Data Protection: GDPR compliance provisions and data handling procedures

11. Governing Law: Specification of German law as governing law and jurisdiction clause

Optional Sections

1. Property Requirements: Detailed section specifying exact property requirements - used when client has very specific needs that need to be documented

2. Territory Restrictions: Specific geographical limitations of the search - used when search is limited to particular areas

3. Additional Services: Description of extra services beyond standard brokerage - used when broker offers supplementary services like renovation advice or relocation support

4. Performance Metrics: Specific performance criteria for the broker - used in high-value agreements or with institutional clients

5. Conflict Resolution: Detailed dispute resolution procedures - used for high-value agreements or when specifically requested

6. Insurance and Liability: Extended provisions on broker's insurance and liability limitations - used for high-value properties or complex requirements

7. Marketing Authorization: Specific permissions for marketing activities - used when broker needs to advertise the search

Suggested Schedules

1. Schedule 1 - Property Requirements: Detailed specification of client's property requirements including location, size, amenities, and budget

2. Schedule 2 - Fee Structure: Detailed breakdown of all applicable fees and payment conditions

3. Schedule 3 - Broker's Credentials: Copies of broker's licenses, registrations, and professional certifications

4. Schedule 4 - Service Level Agreement: Detailed description of service standards and response times

5. Appendix A - Privacy Notice: Detailed GDPR-compliant privacy notice

6. Appendix B - Communication Protocol: Agreed procedures for regular updates and communication between parties

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

Property Management

Professional Services

Retail

Hospitality

Manufacturing

Technology

Financial Services

Healthcare

Education

Logistics

Corporate Services

Relevant Teams

Legal

Real Estate

Facilities Management

Procurement

Operations

Finance

Compliance

Risk Management

Corporate Services

Administration

Relevant Roles

Real Estate Broker

Property Consultant

Tenant Representative

Relocation Manager

Facility Manager

Legal Counsel

Compliance Officer

Real Estate Manager

Corporate Real Estate Director

Chief Financial Officer

Operations Manager

Risk Manager

Procurement Manager

Office 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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