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The Real Estate Agent Independent Contractor Agreement is essential for German real estate brokerages engaging licensed agents as independent contractors rather than employees. This document is used when a brokerage wants to establish a clear contractor relationship while ensuring compliance with German real estate regulations, including the Real Estate Agent and Property Developer Regulation (MaBV), German Trade Regulation Act (GewO), and relevant provisions of the German Civil Code (BGB). It's particularly important in the German market where specific regulations govern real estate agent activities, commission structures, and professional qualifications. The agreement addresses key aspects such as commission splits, data protection under GDPR, anti-money laundering compliance, and professional standards while maintaining the independent nature of the relationship.

1. Parties: Identification of the brokerage firm and the independent contractor real estate agent

2. Background: Context of the agreement and confirmation of agent's independent contractor status

3. Definitions: Key terms used throughout the agreement including 'Services', 'Commission', 'Territory', 'Intellectual Property'

4. Appointment and Scope of Services: Details of the agent's appointment and authorized activities

5. Independent Contractor Status: Clear establishment of independent contractor relationship and its implications

6. Licenses and Qualifications: Requirements for maintaining necessary real estate licenses and qualifications under German law

7. Commission Structure: Details of commission calculations, payment terms, and conditions for earning commission

8. Agent's Obligations: Specific duties, compliance requirements, and professional standards

9. Brokerage's Obligations: Support, resources, and services provided by the brokerage

10. Data Protection and Confidentiality: GDPR compliance and handling of confidential information

11. Anti-Money Laundering Compliance: Obligations under German money laundering regulations

12. Marketing and Branding: Use of brokerage's brand and marketing materials

13. Insurance and Liability: Required insurance coverage and liability provisions

14. Term and Termination: Duration of agreement and termination provisions

15. Post-Termination Obligations: Obligations and restrictions after agreement ends

16. Governing Law and Jurisdiction: Application of German law and jurisdiction for disputes