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Buyer Broker Agreement Template for Germany

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Key Requirements PROMPT example:

Buyer Broker Agreement

"I need a Buyer Broker Agreement under German law for our investment company seeking commercial properties in Berlin, with an exclusivity period until June 2025 and specific provisions for multiple property acquisitions up to €50M total value."

Document background
The Buyer Broker Agreement (Maklervertrag) is essential for formalizing the relationship between real estate brokers and property buyers in Germany. This document is used when a buyer seeks professional assistance in finding and acquiring property, whether residential or commercial. The agreement must comply with German Civil Code (BGB) requirements and recent regulatory changes, particularly regarding broker fee structures. It typically includes detailed service specifications, compensation terms, exclusivity provisions if applicable, and data protection clauses under GDPR. The document is crucial for protecting both parties' interests and ensuring transparency in the property search and acquisition process, while maintaining compliance with German real estate regulations and consumer protection laws.
Suggested Sections

1. Parties: Identification of the broker and the buyer client, including full legal names, addresses, and registration details for the broker

2. Background: Context of the agreement, including the buyer's intention to purchase property and the broker's qualifications

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Broker Services', 'Success Fee', etc.

4. Scope of Services: Detailed description of broker's services, including property search, viewings, negotiations, and advisory services

5. Broker's Obligations: Specific duties of the broker, including duty of care, confidentiality, and compliance with German real estate regulations

6. Client's Obligations: Buyer's responsibilities, including providing accurate requirements, maintaining exclusive relationship if applicable, and cooperation

7. Commission Structure: Details of broker's fees, payment timing, and compliance with German fee-sharing regulations

8. Term and Termination: Duration of the agreement, notice periods, and termination conditions

9. Confidentiality: Obligations regarding confidential information and compliance with GDPR requirements

10. Liability and Insurance: Broker's professional liability provisions and insurance requirements under German law

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

Optional Sections

1. Exclusivity Clause: Optional clause establishing exclusive rights of the broker, recommended for high-value properties or complex searches

2. Success Bonus: Additional compensation structure for achieving specific targets, used in premium service agreements

3. Property Type Restrictions: Specific limitations on property types or locations, used when client has very specific requirements

4. International Property Services: Additional terms for cross-border property searches, when applicable

5. Multi-lingual Provisions: Terms regarding communication in multiple languages, useful for international clients

6. Special Power of Attorney: Authorization for broker to act on behalf of buyer in specific circumstances

7. Digital Services Agreement: Terms for virtual viewings and digital communications, increasingly common post-COVID

Suggested Schedules

1. Schedule 1: Property Requirements: Detailed specification of client's property requirements, including location, size, price range, and special features

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

3. Schedule 3: Service Level Agreement: Specific performance metrics and service standards

4. Schedule 4: Broker's Credentials: Copies of broker's licenses, certifications, and professional memberships

5. Appendix A: Data Protection Notice: GDPR-compliant privacy notice and data processing terms

6. Appendix B: Client Information Form: KYC documentation and client preferences

7. Appendix C: Communication Protocol: Agreed methods and frequency of communication between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 Development

Investment Management

Corporate Real Estate

Residential Property

Commercial Property

Real Estate Investment Trusts (REITs)

Property Management

Professional Services

Financial Services

Relevant Teams

Legal

Real Estate

Compliance

Corporate Development

Investment

Property Acquisition

Business Development

Contract Management

Risk Management

Client Services

Relevant Roles

Real Estate Broker

Property Consultant

Real Estate Agent

Investment Manager

Property Acquisition Manager

Legal Counsel

Compliance Officer

Real Estate Investment Director

Corporate Real Estate Manager

Property Portfolio Manager

Real Estate Transaction Manager

Business Development Manager

Client Relationship 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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