Property Agency Agreement Template for Germany

The Property Agency Agreement (Maklervertrag) is essential for establishing professional real estate agency services in Germany. It is used when a property owner wishes to engage a professional real estate agent to market and facilitate the sale or lease of their property. The agreement must comply with German legal requirements, including the Civil Code (BGB), the Real Estate Agent and Property Developer Ordinance (MaBV), and recent legislation affecting commission structures. This document is crucial for both residential and commercial properties, detailing the scope of services, commission arrangements, marketing authorizations, and mutual obligations. It includes specific provisions required under German law for consumer protection, money laundering prevention, and data protection, making it suitable for use by both professional property companies and private individuals engaging real estate services.

1. Parties: Identification of the property owner/seller and the real estate agent, including full legal names, addresses, and registration details for business entities

2. Background: Context of the agreement, including brief property description and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Scope of Services: Detailed description of the agent's services, including marketing, viewings, negotiation, and documentation handling

5. Agent's Rights and Obligations: Specific duties and responsibilities of the agent, including marketing efforts, reporting requirements, and professional standards

6. Property Owner's Obligations: Responsibilities of the property owner, including information provision, property access, and cooperation requirements

7. Commission Structure: Details of agent's compensation, payment terms, and conditions for commission eligibility as per German law

8. Duration and Termination: Term of the agreement, notice periods, and conditions for termination

9. Exclusivity Terms: Whether the agreement is exclusive or non-exclusive, and related conditions

10. Liability and Insurance: Limitation of liability, professional insurance requirements, and indemnification provisions

11. Data Protection: GDPR compliance and data handling procedures

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

13. Final Provisions: Severability clause, entire agreement clause, and amendment procedures