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Exclusive Buyer Brokerage Agreement for Germany

Exclusive Buyer Brokerage Agreement Template for Germany

A German law-governed Exclusive Buyer Brokerage Agreement (Exklusiver Maklervertrag für Käufer) is a legally binding contract that establishes an exclusive relationship between a real estate broker and a potential property buyer. Under German law, particularly the BGB (German Civil Code) and the Real Estate Agent and Property Developer Ordinance (MaBV), this agreement grants the broker exclusive rights to represent the buyer in property searches and acquisitions. The document includes specific provisions for commission structures, scope of services, withdrawal rights (Widerrufsbelehrung), and GDPR compliance, all tailored to meet German legal requirements and market practices.

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What is a Exclusive Buyer Brokerage Agreement?

The Exclusive Buyer Brokerage Agreement is essential for establishing a formal, exclusive relationship between real estate brokers and property buyers in the German market. This document is particularly important when buyers seek dedicated representation in their property search and acquisition process. The agreement outlines the broker's exclusive rights and obligations in representing the buyer, details of the property search criteria, commission structures, and service scope. It incorporates key requirements from German law, including the BGB provisions on brokerage contracts, consumer protection regulations, and the recent changes in brokerage law (Bestellerprinzip). The document should be used when a buyer wants to secure dedicated, professional representation in their property search, ensuring their interests are protected while complying with German real estate regulations.

What sections should be included in a Exclusive Buyer Brokerage Agreement?

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

2. Background: Context of the agreement and general purpose of the brokerage relationship

3. Definitions: Key terms used throughout the agreement, including property requirements, territory, and relevant real estate terminology

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

5. Exclusivity: Terms establishing the exclusive nature of the relationship and duration of exclusivity

6. Broker's Obligations: Detailed responsibilities of the broker, including duty of care, confidentiality, and information obligations

7. Client's Obligations: Client's responsibilities, including providing accurate requirements and cooperating with the broker

8. Commission Structure: Details of the broker's commission, payment terms, and conditions for commission becoming due as per German law

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

10. Withdrawal Rights Notice: Mandatory information about the client's right of withdrawal (Widerrufsbelehrung)

11. Data Protection: GDPR compliance provisions regarding the handling of personal data

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

What sections are optional to include in a Exclusive Buyer Brokerage Agreement?

1. Property Requirements: Detailed specification of the client's property requirements - used when the client has specific criteria

2. Success Bonus: Additional compensation terms for exceptional performance - included when agreed upon

3. Dual Agency Disclosure: Provisions for potential representation of both parties - included when permitted by specific circumstances

4. Marketing Authorization: Client's consent for marketing activities - included when the broker requires specific marketing rights

5. Referral Services: Terms for cooperation with other service providers - included when the broker offers additional service connections

What schedules should be included in a Exclusive Buyer Brokerage Agreement?

1. Schedule A - Property Requirements: Detailed list of client's property specifications, preferences, and requirements

2. Schedule B - Commission Schedule: Detailed breakdown of commission calculations and payment terms

3. Schedule C - Broker's Service Package: Comprehensive list of services included in the agreement

4. Appendix 1 - Withdrawal Form: Standard form for exercising withdrawal rights (Widerrufsformular)

5. Appendix 2 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and conditions

6. Appendix 3 - Power of Attorney: Optional authorization for the broker to act on behalf of the client in specific circumstances

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions

























Clauses



























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Real Estate Investment

Property Management

Professional Services

Legal Services

Relevant Teams

Legal

Real Estate

Compliance

Business Development

Client Relations

Contracts Administration

Property Acquisitions

Investment

Risk Management

Operations

Relevant Roles

Real Estate Broker

Property Consultant

Real Estate Agent

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Acquisition Manager

Client Relations Manager

Business Development Manager

Contract Manager

Real Estate Transaction 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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