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Buyer Agency Agreement for Germany

Buyer Agency Agreement Template for Germany

This document establishes a legally binding relationship between a property buyer and a real estate agent under German law (Bürgerliches Gesetzbuch - BGB). It defines the scope of the agent's authority to search for and negotiate property purchases on behalf of the buyer, outlines commission structures, and details the rights and obligations of both parties. The agreement incorporates specific requirements of German real estate agency law (WoVermRG) and includes provisions for compliance with German money laundering regulations (GwG) and data protection requirements (DSGVO). It serves as a comprehensive framework for the professional relationship in property acquisition services.

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What is a Buyer Agency Agreement?

The Buyer Agency Agreement (Maklervertrag für Käufer) is a crucial document in German real estate transactions where a buyer seeks professional assistance in property acquisition. This agreement is particularly important in the German market where real estate agents often represent both parties and must clearly define their obligations under German law. The document should be used whenever a buyer engages a professional agent to search for and facilitate the purchase of property, whether residential or commercial. It includes essential elements required by German civil law (BGB), such as scope of authority, commission structures, and service obligations, while ensuring compliance with current regulations including money laundering prevention and data protection requirements. The agreement is especially relevant for international buyers entering the German market, as it provides clarity on the unique aspects of German real estate transactions and agency relationships.

What sections should be included in a Buyer Agency Agreement?

1. Parties: Identification of the buyer (principal) and the real estate agent (agent), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the buyer's intention to purchase real estate and the agent's professional status

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

4. Appointment and Scope of Authority: Formal appointment of the agent and detailed description of authorized activities on behalf of the buyer

5. Agent's Services and Obligations: Comprehensive list of services to be provided by the agent, including property search, viewing arrangements, and negotiation support

6. Client's Obligations: Buyer's responsibilities, including providing accurate requirements, cooperating with the agent, and maintaining confidentiality

7. Commission Structure: Detailed explanation of the agent's compensation, payment terms, and conditions for commission eligibility

8. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

9. Confidentiality: Obligations regarding confidential information and data protection in compliance with DSGVO

10. Liability and Insurance: Scope of agent's liability, professional insurance requirements, and limitation of liability provisions

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for dispute resolution

What sections are optional to include in a Buyer Agency Agreement?

1. Exclusivity Clause: Used when the agreement is exclusive, preventing the buyer from engaging other agents during the term

2. International Transactions: Additional provisions for cross-border property searches or international buyers

3. Special Property Requirements: Detailed section for specific property requirements when the buyer has unique or complex needs

4. Sub-Agents: Provisions for engaging sub-agents or cooperating with other agencies, if permitted

5. Online Services: Specific terms for digital services and online property platforms when relevant

6. Power of Attorney: Optional authorization for the agent to act on behalf of the buyer in specific circumstances

7. Language Provisions: For non-German speaking clients, provisions about translation and interpretation

What schedules should be included in a Buyer Agency Agreement?

1. Schedule 1: Property Requirements: Detailed specifications of the type of property sought, including location, size, price range, and essential features

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

3. Schedule 3: Service Level Agreement: Specific performance metrics and service standards for the agent

4. Schedule 4: Required Documentation: List of necessary documents for property purchase and client verification

5. Appendix A: Agent's Professional Credentials: Copies of agent's licenses, certifications, and professional memberships

6. Appendix B: Data Protection Notice: Detailed DSGVO-compliant privacy policy and data handling procedures

7. Appendix C: Complaint Handling Procedure: Process for addressing client complaints and dispute resolution procedures

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Real Estate

Property Development

Investment Management

Corporate Relocation

Real Estate Advisory

Property Investment

Commercial Property

Residential Property

Legal Services

Professional Services

Relevant Teams

Real Estate

Legal

Compliance

Investment

Property Acquisition

Business Development

Client Relations

Risk Management

Corporate Services

International Relations

Relevant Roles

Real Estate Agent

Property Acquisition Manager

Real Estate Broker

Investment Manager

Corporate Relocation Manager

Property Consultant

Real Estate Legal Counsel

Compliance Officer

Real Estate Investment Director

Property Portfolio Manager

Business Development Manager

Client Relations 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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