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Property Agent Contract for Germany

Property Agent Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes the professional relationship between a property agent and their client. The contract defines the scope of real estate services, commission structures, and respective obligations of both parties in accordance with German real estate regulations, particularly the Makler- und Bauträgerverordnung (MaBV) and relevant sections of the Bürgerliches Gesetzbuch (BGB). It includes provisions for property marketing, transaction support, data protection compliance under GDPR, and specific terms for commission payment in line with German real estate agency practices.

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What is a Property Agent Contract?

The Property Agent Contract is a fundamental document used in German real estate transactions to formalize the relationship between property agents and their clients. It is essential for compliance with German real estate regulations, including the Makler- und Bauträgerverordnung (MaBV) and relevant sections of the Bürgerliches Gesetzbuch (BGB). This contract is typically used when engaging a property agent for services such as property sales, leasing, or property management. It details crucial elements including scope of services, commission structures, agent obligations, client responsibilities, and data protection requirements. The document ensures legal compliance while protecting both parties' interests in the German real estate market, whether for residential or commercial properties.

What sections should be included in a Property Agent Contract?

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

2. Background: Context of the agreement, including the client's intention to sell/lease property and appointment of the agent

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

4. Scope of Services: Detailed description of the services to be provided by the agent, including marketing, viewings, and negotiation support

5. Agent's Obligations: Specific duties and responsibilities of the agent, including compliance with relevant laws and professional standards

6. Client's Obligations: Client's responsibilities, including providing accurate information and reasonable cooperation

7. Commission Structure: Details of the agent's fees, payment terms, and conditions for commission eligibility

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Data Protection: GDPR compliance provisions regarding the handling of personal data

10. Liability and Insurance: Extent of agent's liability and required professional insurance coverage

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

What sections are optional to include in a Property Agent Contract?

1. Exclusivity Terms: Used when the agreement is exclusive, defining the terms of sole agency

2. International Services: Include when the agent will market properties internationally or work with foreign clients

3. Additional Services: For cases where the agent provides supplementary services like property management or legal coordination

4. Marketing Budget: When specific marketing commitments and budgets need to be agreed upon

5. Property Management: Include when the agent will provide ongoing property management services

6. Anti-Money Laundering: Detailed AML procedures when dealing with high-value transactions or international clients

What schedules should be included in a Property Agent Contract?

1. Schedule 1: Property Details: Detailed description of the property(ies) covered by the agreement

2. Schedule 2: Fee Schedule: Detailed breakdown of all fees, commissions, and payment terms

3. Schedule 3: Marketing Plan: Specific marketing activities and timeline

4. Appendix A: Agent's Licenses: Copies of relevant licenses and certifications

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

6. Appendix C: Service Level Agreement: Specific performance metrics and service standards

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

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses
































Relevant Industries

Real Estate

Property Development

Residential Property

Commercial Property

Property Management

Property Investment

Construction

Urban Development

Retail Property

Industrial Property

Relevant Teams

Legal

Real Estate Operations

Sales

Compliance

Business Development

Property Management

Contract Administration

Risk Management

Client Relations

Marketing

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Property Consultant

Real Estate Investment Manager

Contract Manager

Real Estate Operations Manager

Client Relations 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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