The Exclusive Buyer Brokerage Agreement is essential for establishing a formal, exclusive relationship between real estate brokers and property buyers in the German market. This document is particularly important when buyers seek dedicated representation in their property search and acquisition process. The agreement outlines the broker's exclusive rights and obligations in representing the buyer, details of the property search criteria, commission structures, and service scope. It incorporates key requirements from German law, including the BGB provisions on brokerage contracts, consumer protection regulations, and the recent changes in brokerage law (Bestellerprinzip). The document should be used when a buyer wants to secure dedicated, professional representation in their property search, ensuring their interests are protected while complying with German real estate regulations.
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1. Parties: Identification of the broker (real estate agent) and the buyer client, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the brokerage relationship
3. Definitions: Key terms used throughout the agreement, including property requirements, territory, and relevant real estate terminology
4. Scope of Services: Detailed description of the broker's services, including property search, viewings, negotiations, and advisory services
5. Exclusivity: Terms establishing the exclusive nature of the relationship and duration of exclusivity
6. Broker's Obligations: Detailed responsibilities of the broker, including duty of care, confidentiality, and information obligations
7. Client's Obligations: Client's responsibilities, including providing accurate requirements and cooperating with the broker
8. Commission Structure: Details of the broker's commission, payment terms, and conditions for commission becoming due as per German law
9. Term and Termination: Duration of the agreement and conditions for termination
10. Withdrawal Rights Notice: Mandatory information about the client's right of withdrawal (Widerrufsbelehrung)
11. Data Protection: GDPR compliance provisions regarding the handling of personal data
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Property Requirements: Detailed specification of the client's property requirements - used when the client has specific criteria
2. Success Bonus: Additional compensation terms for exceptional performance - included when agreed upon
3. Dual Agency Disclosure: Provisions for potential representation of both parties - included when permitted by specific circumstances
4. Marketing Authorization: Client's consent for marketing activities - included when the broker requires specific marketing rights
5. Referral Services: Terms for cooperation with other service providers - included when the broker offers additional service connections
1. Schedule A - Property Requirements: Detailed list of client's property specifications, preferences, and requirements
2. Schedule B - Commission Schedule: Detailed breakdown of commission calculations and payment terms
3. Schedule C - Broker's Service Package: Comprehensive list of services included in the agreement
4. Appendix 1 - Withdrawal Form: Standard form for exercising withdrawal rights (Widerrufsformular)
5. Appendix 2 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and conditions
6. Appendix 3 - Power of Attorney: Optional authorization for the broker to act on behalf of the client in specific circumstances
Relevant legal definitions
Agreement
Broker (Makler)
Client (Auftraggeber)
Property (Immobilie)
Target Property (Zielobjekt)
Property Requirements (Objektanforderungen)
Exclusive Period (Exklusivitätszeitraum)
Brokerage Services (Maklertätigkeit)
Commission (Maklerprovision)
Purchase Price (Kaufpreis)
Successful Transaction (Erfolgreiche Vermittlung)
Territory (Tätigkeitsgebiet)
Withdrawal Period (Widerrufsfrist)
Confidential Information (Vertrauliche Informationen)
Force Majeure (Höhere Gewalt)
Business Day (Werktag)
Viewing (Besichtigung)
Purchase Contract (Kaufvertrag)
Due Diligence
Personal Data (Personenbezogene Daten)
Competing Property (Konkurrierende Immobilie)
Property Documentation (Objektunterlagen)
Market Analysis (Marktanalyse)
Notification (Mitteilung)
Professional Standards (Berufliche Standards)
Broker (Makler)
Client (Auftraggeber)
Property (Immobilie)
Target Property (Zielobjekt)
Property Requirements (Objektanforderungen)
Exclusive Period (Exklusivitätszeitraum)
Brokerage Services (Maklertätigkeit)
Commission (Maklerprovision)
Purchase Price (Kaufpreis)
Successful Transaction (Erfolgreiche Vermittlung)
Territory (Tätigkeitsgebiet)
Withdrawal Period (Widerrufsfrist)
Confidential Information (Vertrauliche Informationen)
Force Majeure (Höhere Gewalt)
Business Day (Werktag)
Viewing (Besichtigung)
Purchase Contract (Kaufvertrag)
Due Diligence
Personal Data (Personenbezogene Daten)
Competing Property (Konkurrierende Immobilie)
Property Documentation (Objektunterlagen)
Market Analysis (Marktanalyse)
Notification (Mitteilung)
Professional Standards (Berufliche Standards)
Clauses
Appointment and Exclusivity
Scope of Services
Duration and Term
Commission
Payment Terms
Broker's Obligations
Client's Obligations
Representations and Warranties
Confidentiality
Data Protection
Withdrawal Rights
Termination
Force Majeure
Liability and Indemnification
Assignment
Notices
Entire Agreement
Severability
Amendments
Governing Law
Jurisdiction
Consumer Protection
Property Requirements
Documentation Requirements
Professional Standards
Non-Circumvention
Conflict of Interest
Scope of Services
Duration and Term
Commission
Payment Terms
Broker's Obligations
Client's Obligations
Representations and Warranties
Confidentiality
Data Protection
Withdrawal Rights
Termination
Force Majeure
Liability and Indemnification
Assignment
Notices
Entire Agreement
Severability
Amendments
Governing Law
Jurisdiction
Consumer Protection
Property Requirements
Documentation Requirements
Professional Standards
Non-Circumvention
Conflict of Interest
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Real Estate Investment
Property Management
Professional Services
Legal Services
Relevant Teams
Legal
Real Estate
Compliance
Business Development
Client Relations
Contracts Administration
Property Acquisitions
Investment
Risk Management
Operations
Relevant Roles
Real Estate Broker
Property Consultant
Real Estate Agent
Legal Counsel
Compliance Officer
Real Estate Investment Manager
Property Acquisition Manager
Client Relations Manager
Business Development Manager
Contract Manager
Real Estate Transaction Manager
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