The Tenant Agency Agreement is a fundamental document in German real estate practice, used when a prospective tenant engages a professional real estate agent or agency to assist in finding and securing rental property. This agreement is particularly important in the German market, where professional property agents play a significant role in the rental process. The document outlines the agent's services, commission structures (in compliance with German fee regulations), and mutual obligations while adhering to strict German real estate and consumer protection laws. It's designed to protect both the agent's interests and the tenant's rights, ensuring transparency in the property search process and compliance with local regulations, including the Bürgerliches Gesetzbuch (BGB) and specific real estate agency laws.
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1. Parties: Identification of the real estate agent/agency and the tenant-client, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the tenant's property requirements and the agent's qualification to provide the services
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Commission', 'Successful Introduction'
4. Scope of Services: Detailed description of services to be provided by the agent, including property search, viewings, and negotiation support
5. Agent's Obligations: Key responsibilities of the agent, including duty of care, information disclosure, and professional conduct requirements
6. Client's Obligations: Tenant's responsibilities, including providing accurate requirements, attending viewings, and maintaining communication
7. Commission Structure: Clear terms of the agent's commission, payment conditions, and compliance with German fee regulations
8. Duration and Termination: Terms of the agreement period, notice requirements, and conditions for termination
9. Data Protection: GDPR compliance and handling of personal data
10. Governing Law: Confirmation of German law application and jurisdiction
1. Exclusivity Clause: Used when the agreement is exclusive, preventing the client from engaging other agents
2. Special Requirements: For cases where the tenant has specific property requirements or needs additional services
3. International Considerations: Required for non-German residents, addressing specific cross-border requirements
4. Property Management Services: When additional property management services are offered post-rental
5. Success Guarantee: Optional provisions for service guarantees or special conditions
6. Dispute Resolution: Specific procedures for handling disputes, including mediation options
1. Schedule 1: Service Details: Detailed breakdown of all services included in the agreement
2. Schedule 2: Fee Structure: Detailed commission calculations and payment terms
3. Schedule 3: Property Requirements: Specific details of the type of property sought by the tenant
4. Appendix A: Agent's Credentials: Copies of agent's licenses and professional certifications
5. Appendix B: Required Documentation: List of documents required from the tenant for property applications
6. Appendix C: Privacy Policy: Detailed data protection and privacy policies
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Corporate Relocation Services
Professional Services
Residential Housing
Commercial Property
Property Development
Consulting Services
Business Services
Relevant Teams
Real Estate
Legal
Compliance
Corporate Services
Facilities Management
Human Resources
Global Mobility
Operations
Risk Management
Administrative Services
Relevant Roles
Real Estate Agent
Property Consultant
Tenant Representative
Relocation Specialist
Housing Coordinator
Real Estate Manager
Corporate Real Estate Manager
Facilities Manager
Legal Counsel
Compliance Officer
Property Search Consultant
Residential Leasing Manager
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