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Buyer Representation Agreement for Germany

Buyer Representation Agreement Template for Germany

A German law-governed agreement that establishes the formal relationship between a property buyer and their appointed real estate agent or agency. The document outlines the agent's responsibilities in identifying and securing suitable properties, the scope of representation, commission structures, and the buyer's obligations. It incorporates specific German legal requirements, including consumer protection provisions, GDPR compliance, and anti-money laundering obligations. The agreement provides a comprehensive framework for the property search and acquisition process while ensuring compliance with German real estate transaction regulations.

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What is a Buyer Representation Agreement?

The Buyer Representation Agreement (Maklervertrag für Kaufinteressenten) is a crucial document in German real estate transactions, used when a potential buyer seeks professional representation in their property search and acquisition process. This agreement is particularly important in the German market, where real estate transactions are heavily regulated and formal representation agreements are standard practice. The document establishes the agent's authority to act on the buyer's behalf, defines the scope of services, outlines commission structures, and ensures compliance with German legal requirements including consumer protection laws, GDPR, and anti-money laundering regulations. It's designed to protect both parties' interests while providing a clear framework for the property search and acquisition process.

What sections should be included in a Buyer Representation Agreement?

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

2. Background: Context of the agreement, including the buyer's intention to purchase property and the agent's qualifications

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

4. Appointment and Scope of Services: Definition of the agent's appointment and detailed description of services to be provided

5. Agent's Obligations: Detailed listing of the agent's duties, including property search, negotiations, and reporting requirements

6. Buyer's Obligations: Buyer's commitments, including providing accurate requirements, responding to proposals, and cooperation

7. Exclusivity: Terms regarding whether the relationship is exclusive and any territorial limitations

8. Commission and Payment Terms: Structure and timing of agent's compensation, including success fees and expense reimbursement

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Obligations regarding confidential information shared during the engagement

11. Data Protection: GDPR compliance provisions and data processing terms

12. Liability and Insurance: Scope of agent's liability and required insurance coverage

13. Notices: Process and requirements for formal communications between parties

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

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

1. Right of Withdrawal Notice: Required for contracts with consumers concluded outside of business premises

2. Post-Termination Obligations: Include when there's a need to protect agent's interests after contract termination

3. Sub-Agents: Include when the agent may need to appoint sub-agents

4. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

5. Anti-Money Laundering Compliance: Include detailed AML obligations when dealing with high-value transactions

6. Multiple Buyers: Include when representing multiple buyers jointly

7. International Transactions: Include for cross-border property searches or international buyers

What schedules should be included in a Buyer Representation Agreement?

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

2. Schedule 2: Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

3. Schedule 3: Services Description: Comprehensive list of services to be provided by the agent

4. Appendix A: Power of Attorney: Optional power of attorney for specific actions on buyer's behalf

5. Appendix B: Data Processing Agreement: GDPR-compliant data processing terms and details

6. Appendix C: Withdrawal Form: Standard form for consumer's right of withdrawal

7. Appendix D: Agent's Credentials: Agent's licenses, certifications, and professional memberships

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

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Real Estate Investment

Property Management

Corporate Real Estate

Retail Property

Industrial Property

Hospitality Property

Relevant Teams

Real Estate

Legal

Compliance

Client Relations

Property Acquisitions

Investment Advisory

Transaction Management

Contract Administration

Due Diligence

Property Services

Relevant Roles

Real Estate Agent

Property Consultant

Real Estate Broker

Property Advisor

Real Estate Investment Consultant

Client Relations Manager

Property Acquisition Manager

Real Estate Director

Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Property Portfolio 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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