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Listing Agreement for Germany

Listing Agreement Template for Germany

A German Listing Agreement (Maklervertrag) is a legally binding contract governed by the German Civil Code (BGB) that establishes the terms and conditions under which a real estate broker will market and facilitate the sale or lease of a property. The document outlines the broker's services, commission structure, duration of the listing, and obligations of both parties. It must comply with German legal requirements, including specific provisions for broker compensation under §§ 652-655 BGB, consumer protection laws, and GDPR requirements for handling personal data. The agreement typically includes detailed property information, marketing authorizations, and specific conditions for successful transaction completion.

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What is a Listing Agreement?

The Listing Agreement (Maklervertrag) is a crucial document in German real estate transactions, used when a property owner wishes to engage a professional real estate broker to market and facilitate the sale or lease of their property. This document is essential under German law and must comply with the German Civil Code (BGB), particularly §§ 652-655 regarding brokerage contracts. It's used to define the scope of the broker's services, commission structure, and mutual obligations of the parties. The agreement should be drafted with careful attention to German legal requirements, including recent reforms in real estate brokerage law, consumer protection provisions, and data protection regulations. The document typically includes comprehensive property details, marketing authorizations, and specific conditions for commission payment, making it a fundamental tool for professional real estate transactions in Germany.

What sections should be included in a Listing Agreement?

1. Parties: Identification of the property owner/seller and the real estate broker, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the owner's intention to sell/lease the property and engagement of the broker

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', and 'Successful Transaction'

4. Property Details: Comprehensive description of the property, including address, land register details, and basic specifications

5. Broker's Services: Detailed description of services to be provided by the broker, including marketing, showings, and negotiation support

6. Commission Structure: Clear statement of broker's commission rate, calculation method, and payment conditions in accordance with German law

7. Duration and Termination: Term of the listing agreement, including start date, end date, and termination provisions

8. Owner's Obligations: Property owner's responsibilities, including providing accurate information and allowing property access

9. Marketing Authorization: Authorization for specific marketing activities and use of property information and images

10. Data Protection: GDPR-compliant provisions regarding handling of personal data

11. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Listing Agreement?

1. Exclusive Listing Rights: Used when the broker is granted exclusive rights to market and sell the property

2. International Marketing: Include when the property will be marketed to international buyers, specifying additional services and requirements

3. Property Management: For cases where the broker will also provide property management services during the listing period

4. Special Marketing Budget: When specific marketing expenses are to be shared or reimbursed by the owner

5. Multiple Unit Provisions: For properties with multiple units or development projects

6. Post-Termination Rights: Protection of broker's rights for contacts made during the listing period

7. Energy Certificate Handling: Specific provisions regarding the Energy Performance Certificate requirements

8. Virtual Tours and Digital Marketing: Special provisions for digital marketing strategies and virtual showing rights

What schedules should be included in a Listing Agreement?

1. Property Description Schedule: Detailed property specifications, including size, features, condition, and amenities

2. Marketing Materials: Approved property photographs, floor plans, and marketing descriptions

3. Price Schedule: Listing price, price range, or rental rates, including any flexibility parameters

4. Commission Calculation Examples: Illustrative examples of commission calculations in various transaction scenarios

5. Property Documents: List of available property documentation (land register excerpts, building permits, etc.)

6. Marketing Plan: Detailed marketing strategy and timeline

7. Required Disclosures: Mandatory property disclosures under German law, including energy certificate information

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

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Mixed-use Development

Legal Services

Property Management

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Marketing

Property Management

Asset Management

Contract Administration

Relevant Roles

Real Estate Broker

Property Manager

Legal Counsel

Real Estate Agent

Business Development Manager

Sales Director

Compliance Officer

Contract Manager

Real Estate Partner

Property Developer

Asset Manager

Transaction Manager

Marketing Manager

Real Estate Operations 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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