Tenant Agency Agreement Template for Germany

The Tenant Agency Agreement is a fundamental document in German real estate practice, used when a prospective tenant engages a professional real estate agent or agency to assist in finding and securing rental property. This agreement is particularly important in the German market, where professional property agents play a significant role in the rental process. The document outlines the agent's services, commission structures (in compliance with German fee regulations), and mutual obligations while adhering to strict German real estate and consumer protection laws. It's designed to protect both the agent's interests and the tenant's rights, ensuring transparency in the property search process and compliance with local regulations, including the Bürgerliches Gesetzbuch (BGB) and specific real estate agency laws.

1. Parties: Identification of the real estate agent/agency and the tenant-client, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the tenant's property requirements and the agent's qualification to provide the services

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Commission', 'Successful Introduction'

4. Scope of Services: Detailed description of services to be provided by the agent, including property search, viewings, and negotiation support

5. Agent's Obligations: Key responsibilities of the agent, including duty of care, information disclosure, and professional conduct requirements

6. Client's Obligations: Tenant's responsibilities, including providing accurate requirements, attending viewings, and maintaining communication

7. Commission Structure: Clear terms of the agent's commission, payment conditions, and compliance with German fee regulations

8. Duration and Termination: Terms of the agreement period, notice requirements, and conditions for termination

9. Data Protection: GDPR compliance and handling of personal data

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