Exclusive Brokerage Agreement (Makleralleinauftrag)
Exclusive brokerage agreement (Makleralleinauftrag) in Germany: what does it mean, what rights and obligations arise, and how does it differ from a simple listing?
Financial
§ 652 BGB ff.
Also known as: sole agency agreement, exclusive listing agreement
With an exclusive brokerage agreement (Makleralleinauftrag) under German law, the client commits to not engaging any additional broker. A distinction is made between the simple exclusive agreement (with seller's reservation to sell privately) and the qualified exclusive agreement (all interested parties must be referred to the broker). (§ 652 BGB ff.)