Nachweismaklervertrag

A Nachweismaklervertrag, or proof-of-performance brokerage contract, is a legal agreement in German real estate law. It outlines a commission agreement between a property owner and a real estate agent. The core of this contract is that the agent is entitled to their commission if they can prove they were the cause of a successful transaction. This proof typically comes in the form of a potential buyer or renter identified by the agent who subsequently completes a purchase or rental agreement with the property owner.

The Nachweismaklervertrag differs from a Alleinmaklervertrag (exclusive brokerage contract) in that the owner is generally free to market the property themselves or engage other agents. However, the Nachweismaklervertrag still obligates the owner to pay the agreed-upon commission to the agent who successfully provides the necessary proof of performance. The contract must clearly define the property, the commission amount or percentage, and the conditions under which the commission becomes due. It is crucial for both parties to understand the specific terms and obligations outlined in the Nachweismaklervertrag to avoid disputes.