Non Exclusive Buyer Broker Agreement Template for Germany

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Key Requirements PROMPT example:

Non Exclusive Buyer Broker Agreement

Need a Non-Exclusive Buyer Broker Agreement under German law for a corporate client seeking high-end commercial properties in Munich, with specific provisions for multiple property viewings and detailed reporting requirements, to be effective from March 1, 2025.

Document background
The Non-Exclusive Buyer Broker Agreement is essential for situations where a property buyer seeks professional assistance in finding and acquiring real estate while maintaining the flexibility to work with multiple brokers. This document, governed by German law, establishes the framework for the broker-client relationship while complying with German real estate regulations, including the BGB and MaBV. It outlines the scope of services, commission structures, and mutual obligations while protecting both parties' interests. The agreement is particularly useful in competitive real estate markets where buyers want to maximize their property search options through multiple channels. It includes necessary provisions for data protection, professional liability, and consumer protection, making it suitable for both private and commercial property transactions in Germany.
Suggested Sections

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

2. Background: Context of the agreement, including the buyer's intention to purchase property and the non-exclusive nature of the arrangement

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

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

5. Non-Exclusivity: Clear statement of the non-exclusive nature of the agreement and the buyer's right to work with other brokers

6. Broker's Obligations: Detailed listing of the broker's duties, including information provision, property viewings, and professional conduct requirements

7. Client's Obligations: Buyer's responsibilities, including providing accurate requirements, maintaining communication, and disclosure obligations

8. Commission Structure: Details of the broker's compensation, including rate, calculation method, and payment conditions

9. Term and Termination: Duration of the agreement and conditions for termination by either party

10. Confidentiality: Obligations regarding confidential information and data protection compliance

11. Liability and Insurance: Scope of broker's liability, insurance requirements, and limitation of liability provisions

12. Notices: Communication methods and contact details for official notices

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

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Property Type Specifications: Detailed section specifying property types of interest, used when the buyer has specific property type requirements

2. Geographic Restrictions: Section defining specific geographic areas of interest, used when the search is limited to particular regions

3. Budget Range Provisions: Specific provisions regarding budget limitations and flexibility, used when strict budget parameters exist

4. Multi-Party Provisions: Additional provisions for multiple buyers acting together, used when there are multiple parties on the buyer's side

5. Special Requirements: Section for unique or specific requirements of the buyer, used when there are particular search criteria

6. Success Fee Structure: Alternative commission structures based on achieving specific targets, used when implementing performance-based compensation

7. Reporting Requirements: Specific reporting obligations and frequencies, used when regular updates are required

8. Post-Transaction Services: Additional services to be provided after property identification, used when extended services are agreed

Suggested Schedules

1. Schedule 1 - Property Requirements: Detailed specification of the buyer's property requirements and preferences

2. Schedule 2 - Commission Calculation: Detailed breakdown of commission calculation methods and examples

3. Schedule 3 - Service Level Details: Specific services to be provided by the broker and their frequency

4. Schedule 4 - Required Documentation: List of documents required from both parties during the process

5. Appendix A - Power of Attorney: Optional power of attorney form for broker representation

6. Appendix B - Compliance Checklist: Checklist ensuring compliance with German real estate regulations

7. Appendix C - Data Protection Notice: GDPR-compliant data protection and privacy notice

8. Appendix D - Contact Details: Complete contact information for all relevant parties and representatives

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

Relevant legal definitions
Clauses
Relevant Industries

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Retail Real Estate

Office Real Estate

Mixed-Use Real Estate

Luxury Real Estate

Investment Real Estate

Property Development

Relevant Teams

Legal

Real Estate

Compliance

Business Development

Client Relations

Property Management

Investment

Risk Management

Operations

Document Management

Relevant Roles

Real Estate Broker

Property Consultant

Real Estate Agent

Real Estate Acquisition Manager

Property Buyer's Agent

Real Estate Investment Manager

Property Portfolio Manager

Real Estate Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Client Relations Manager

Business Development 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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