Buyer Broker Exclusive Agreement Template for Germany

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Key Requirements PROMPT example:

Buyer Broker Exclusive Agreement

I need a Buyer Broker Exclusive Agreement for helping me find a residential property in Munich, with a budget of up to €1.5 million, starting March 1, 2025, with a six-month exclusivity period and standard commission rates as per German law.

Document background

The Buyer Broker Exclusive Agreement (Exklusiver Maklervertrag für Käufer) is a crucial document in German real estate transactions where a buyer seeks dedicated professional representation. This agreement is particularly relevant in competitive property markets where buyers need focused, professional assistance in property searching and acquisition. The document establishes the broker's exclusive right to represent the buyer, preventing multiple broker engagements and ensuring dedicated service. It complies with German real estate regulations, including the recent commission sharing laws (Gesetz über die Verteilung der Maklerkosten), and incorporates necessary consumer protection elements. The agreement is typically used when buyers want comprehensive support throughout the property search and acquisition process, requiring detailed documentation of property requirements, search parameters, and service scope. It includes specific provisions for commission structure, confidentiality obligations, and termination conditions, all aligned with German legal requirements.

Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Territory', 'Commission', and 'Exclusive Period'

4. Appointment and Scope of Services: Exclusive appointment of the broker and detailed description of services to be provided

5. Duration and Exclusivity: Term of the agreement and confirmation of exclusive nature of the relationship

6. Broker's Obligations: Detailed listing of broker's duties, including property search, negotiations, and advisory services

7. Client's Obligations: Buyer's commitments, including providing accurate requirements, cooperating with the broker, and maintaining exclusivity

8. Commission Structure: Details of broker's compensation, payment timing, and compliance with German commission sharing laws

9. Confidentiality: Obligations regarding confidential information exchange and data protection

10. Termination: Conditions and process for ending the agreement, including notice periods and consequences

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

Optional Sections

1. Property Requirements: Detailed specification of buyer's property requirements - used when buyer has specific criteria at outset

2. Territory Restrictions: Geographic limitations of the search area - included when search is limited to specific regions

3. Multiple Buyers: Additional provisions for multiple buyers acting together - used for joint purchases

4. Financing Conditions: Provisions related to buyer's financing arrangements - included when financing is a key consideration

5. Post-Termination Obligations: Extended obligations after agreement ends - used for complex transactions

6. Special Power of Attorney: Authorization for broker to act on buyer's behalf - included when broker needs specific powers

Suggested Schedules

1. Schedule 1: Property Requirements Specification: Detailed list of buyer's required and desired property characteristics

2. Schedule 2: Commission Calculation Examples: Illustrations of how commission will be calculated in various scenarios

3. Schedule 3: Broker's License and Qualifications: Copies of broker's professional licenses and certifications

4. Appendix A: Data Protection Notice: GDPR-compliant privacy notice and data processing information

5. Appendix B: Consumer Rights Notice: Mandatory information about consumer rights including withdrawal rights

6. Appendix C: Anti-Money Laundering Documentation: Required AML forms and identification requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Development

Property Investment

Professional Services

Legal Services

Relevant Teams

Legal

Real Estate

Compliance

Client Relations

Property Acquisitions

Investment Advisory

Document Management

Risk Management

Business Development

Operations

Relevant Roles

Real Estate Broker

Property Consultant

Real Estate Agent

Real Estate Manager

Legal Counsel

Compliance Officer

Property Acquisition Manager

Client Relations Manager

Real Estate Transaction Manager

Investment Advisor

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