Maklervertrag

A Maklervertrag, or brokerage contract, is a legal agreement in German law where one party, the client, commissions another party, the broker, to arrange the conclusion of a contract. The broker's primary role is to act as an intermediary, bringing potential contracting parties together or demonstrating the opportunity for contract conclusion. In return for their services, the broker is typically entitled to a commission (Provision) once the main contract is successfully concluded through their efforts.

There are two main types of Maklervertrag: the Vermittlungsmaklervertrag (mediation brokerage contract) and the Nachweismaklervertrag (information brokerage contract). With a Vermittlungsmaklervertrag, the broker actively participates in negotiating the terms of the main contract. In contrast, a Nachweismaklervertrag obliges the broker merely to provide information that enables the client to conclude the contract, such as identifying a potential buyer or seller. The specifics of the broker's obligations and entitlement to commission are usually detailed within the Maklervertrag itself.

The Maklervertrag can be concluded orally or in writing, though a written agreement is highly recommended to prevent disputes. It is crucial for both parties to clearly define the scope of the broker's mandate, the commission amount and its due date, and any specific conditions that must be met for the commission to be payable. German law also provides certain protections for consumers entering into Maklerverträge.