The Lease Listing Agreement (Mietvermarktungsauftrag) is a crucial document in German real estate practice, used when a property owner wishes to engage a professional real estate agent to market and lease their property. This agreement is essential for establishing the business relationship between the property owner and the real estate agent, outlining their respective rights and obligations under German law. The document typically includes detailed provisions about the property, marketing authorization, commission structure, and service scope. It's particularly important in Germany due to specific legal requirements regarding real estate agency services, commission regulations, and consumer protection laws. The agreement must comply with the German Civil Code (BGB), real estate agent regulations (§34c GewO), and data protection requirements under GDPR. This document is commonly used for both residential and commercial properties, providing a legal framework for professional property marketing services.
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1. Parties: Identification of the property owner/landlord and the real estate agent, including full legal names, addresses, and registration details
2. Background: Brief context of the agreement, including property ownership confirmation and intention to lease
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', and 'Successful Lease'
4. Property Details: Specific description of the property to be listed, including address, size, and relevant characteristics
5. Scope of Services: Detailed description of the real estate agent's services, marketing activities, and obligations
6. Authorization: Express authorization for the agent to market and show the property, including handling of property access
7. Listing Period: Duration of the listing agreement, including start date and termination provisions
8. Commission Structure: Detailed terms of the agent's commission, including rate, calculation method, and payment conditions
9. Property Owner's Obligations: Responsibilities of the property owner, including providing accurate information and property access
10. Marketing Authorization: Consent for specific marketing activities and use of property information and images
11. Data Protection: GDPR-compliant provisions regarding handling of personal data
12. Termination Rights: Conditions and procedures for early termination by either party
13. Governing Law: Confirmation of German law application and jurisdiction
1. Exclusive Listing Rights: Additional provisions for exclusive agency rights, used when the owner agrees to work with only one agent
2. International Marketing: Specific provisions for marketing the property internationally, including additional languages and platforms
3. Property Management Services: Additional terms for optional property management services during the listing period
4. Virtual Viewing Authorization: Specific provisions for virtual tours and online viewing services
5. Special Marketing Budget: Terms regarding additional marketing expenses and cost allocation
6. Energy Certificate Handling: Specific provisions regarding the energy performance certificate if not immediately available
7. Property Preparation Services: Terms for additional services related to preparing the property for marketing
1. Property Description Schedule: Detailed description of the property, including all relevant specifications and features
2. Marketing Materials Appendix: Approved marketing materials, photographs, and property descriptions
3. Commission Schedule: Detailed breakdown of commission rates and calculation examples
4. Property Documentation List: List of all required property documents and their status
5. Marketing Plan: Detailed marketing strategy and timeline
6. Pricing Analysis: Market analysis and recommended rental price range
7. Authorized Personnel List: List of authorized agent representatives who may access the property
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