The Rental Agent Contract is essential for establishing a formal business relationship between property owners and professional rental agents in Germany. This document is typically used when a property owner wishes to engage a professional agent to handle the marketing, showing, and rental process of their properties. The contract must comply with German legal requirements, including the German Civil Code (BGB), Trade Regulation Act (GewO), and the Law on Real Estate Agents. It includes detailed provisions on commission structures, service scope, obligations of both parties, compliance requirements, and data protection measures. The document is particularly important in the German market where real estate agency services are heavily regulated and specific legal requirements must be met regarding agent qualifications, fee structures, and client relationships.
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1. Parties: Identification of the principal (property owner/landlord) and the rental agent, including full legal names, addresses, and registration details
2. Background: Context of the agreement, establishing the principal's ownership of properties and desire for rental agent services
3. Definitions: Key terms used throughout the agreement including 'Properties', 'Services', 'Commission', 'Tenant', etc.
4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided
5. Agent's Obligations: Comprehensive list of the agent's duties, responsibilities, and service standards
6. Principal's Obligations: Principal's responsibilities, including providing necessary information and documentation
7. Commission Structure: Detailed breakdown of fees, commission rates, and payment terms
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Compliance Requirements: Agent's obligations regarding legal compliance, particularly with GwG and GDPR
10. Liability and Insurance: Extent of agent's liability, insurance requirements, and indemnification provisions
11. Data Protection: GDPR compliance measures and data handling procedures
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Exclusivity: Optional clause defining whether the agent has exclusive rights to market and manage the properties
2. Sub-Agents: Provisions regarding the appointment and management of sub-agents, if permitted
3. Marketing Budget: Details of marketing arrangements and budget allocation, if marketing is included in services
4. Property Management Services: Additional provisions for ongoing property management if included beyond basic rental agency services
5. Performance Targets: Specific performance metrics and targets, if agreed between parties
6. Force Majeure: Provisions for extraordinary circumstances affecting contract performance
1. Schedule 1: Property Portfolio: List of properties covered by the agreement with full details
2. Schedule 2: Service Level Agreement: Detailed breakdown of services and response times
3. Schedule 3: Fee Schedule: Comprehensive breakdown of all fees, commissions, and charges
4. Schedule 4: Required Documentation: List of necessary documents for property marketing and tenant verification
5. Appendix A: Marketing Guidelines: Specified marketing standards and procedures
6. Appendix B: Compliance Checklist: Checklist of regulatory requirements and compliance procedures
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Residential Property
Commercial Property
Property Services
Real Estate Investment
Property Development
Housing
Relevant Teams
Legal
Real Estate Operations
Property Management
Compliance
Business Development
Contract Administration
Real Estate Services
Asset Management
Relevant Roles
Real Estate Agent
Property Manager
Leasing Manager
Real Estate Broker
Property Owner
Landlord
Real Estate Legal Counsel
Compliance Officer
Real Estate Operations Manager
Business Development Manager
Contract Administrator
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