Estate Agency Agreement Template for Germany

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Key Requirements PROMPT example:

Estate Agency Agreement

I need a German Estate Agency Agreement for an exclusive 6-month arrangement starting March 1, 2025, to sell a luxury residential property in Munich, with a 3.57% commission structure and specific provisions for international marketing.

Document background

The Estate Agency Agreement (Maklervertrag) is a fundamental document in German real estate transactions, used to formalize the relationship between professional real estate agents and their clients. This agreement is essential when engaging an agent to market, sell, or lease property in Germany, whether residential or commercial. It must comply with strict German regulations, including the Civil Code (BGB), Real Estate Agent and Property Developer Ordinance (MaBV), and recent reforms in commission structures. The document typically includes detailed provisions on service scope, commission rates, payment terms, agent obligations, property marketing strategies, and data protection requirements. It's particularly important given Germany's regulated real estate market and specific requirements for professional real estate agents, including licensing and compliance with money laundering regulations.

Suggested Sections

1. Parties: Identification of the estate agent (including license details) and the client (seller/landlord/buyer/tenant)

2. Background: Context of the agreement and brief description of the property services required

3. Definitions: Key terms used throughout the agreement, including property description, commission, and success criteria

4. Scope of Services: Detailed description of the estate agent's services and obligations

5. Property Details: Specific information about the property to be sold/let, including address and essential characteristics

6. Commission: Commission rate, calculation method, and payment terms in accordance with German law

7. Agent's Obligations: Detailed responsibilities of the agent including marketing, viewings, and reporting

8. Client's Obligations: Client's duties including provision of information and cooperation

9. Term and Termination: Duration of the agreement and termination provisions

10. Data Protection: GDPR compliance and data handling procedures

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

Optional Sections

1. Exclusivity: Terms of exclusive agency rights, if applicable

2. Marketing Plan: Detailed marketing strategy and advertising commitments, recommended for higher-value properties

3. Special Instructions: Any specific requirements or restrictions from the client

4. Additional Services: Optional extra services offered by the agent

5. Energy Certificate: Provisions regarding the energy performance certificate, required for property sales

6. Money Laundering Compliance: Additional AML provisions for high-value transactions

7. International Clients: Special provisions for non-German residents

8. Virtual Viewings: Terms for digital property viewings and online marketing

Suggested Schedules

1. Property Specification: Detailed description of the property including measurements and features

2. Commission Schedule: Detailed breakdown of commission calculations and payment terms

3. Marketing Materials: Approved property descriptions and marketing approach

4. Required Documentation: List of necessary documents for the transaction

5. Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Service Level Agreement: Specific performance metrics and service standards

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

Property Development

Property Management

Real Estate Investment

Commercial Property

Residential Property

Property Services

Construction

Urban Development

Relevant Teams

Real Estate

Legal

Compliance

Sales

Business Development

Property Management

Marketing

Operations

Contract Administration

Asset Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Sales Director

Business Development Manager

Property Consultant

Real Estate Investment Manager

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Portfolio Manager

Asset Manager

Property Marketing Manager

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Authors

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