What about my customers' right of withdrawal?

If the brokerage agreement is concluded by email, phone or through a portal, consumers have a 14-day right of withdrawal. Without proper notice, the period is extended to twelve months and 14 days, and if the customer withdraws, the commission is at stake. In the signature request, the notice is delivered and acknowledged with a timestamp.

What applies to the commission agreement with the buyer?

For single-family homes and apartments, the commission split applies: whoever engaged the agent pays at least half of the commission, the other side no more than 50 percent (§§ 656c, 656d BGB). This agreement also needs text form under § 656a BGB. Via signing link, it is signed before negotiations begin, with a timestamp as proof.

Does text form also apply to brokering rental apartments?

Yes, and there it has applied for even longer: under § 2 Wohnungsvermittlungsgesetz (German Housing Brokerage Act), the brokerage agreement requires text form. Here too, the signing link is sufficient, and the audit trail documents the conclusion.

Can the property purchase contract itself be signed digitally?

No. A contract for the purchase of real property requires notarization (§ 311b BGB) and stays with the notary. Everything before and after it runs digitally: brokerage agreement, withdrawal notice, commission agreement and handover report.

For real estate agents

From first meeting to notary appointment: not a single sheet of paper in between

Brokerage agreement (Maklervertrag), withdrawal notice and commission agreement go out as a signing link and come back signed. The text form under § 656a BGB (German Civil Code) is met, and every step is in the file with a timestamp.

On the left, an agent sends the signing link for the brokerage agreement from her laptop; on the right, the customer signs it on his smartphone

Typical documents

Which document, which signature level?

Almost everything in real estate brokerage only requires text form and can therefore run entirely online. These documents decide your commission claim, and each one has the right signature level.

Document	Signature level	Note
Brokerage agreement and exclusive listing (sale)	AES recommended	Meets the text form under § 656a BGB; without it, the agreement is void and the commission is lost.
Withdrawal notice	SES	Mandatory for agreements made by email or phone; the audit trail proves receipt and timing.
Commission agreement with the buyer	AES recommended	Text form applies here too; the commission split under §§ 656c, 656d BGB is properly documented.
Extension and price adjustment	SES	The term or asking price changes; with a template, the addendum is signed in minutes.
Handover report	SES in person	The one document signed at the property: on the tablet, with meter readings and key list.

Which level for what? See the overview on the page Signature levels, or to dig deeper: For the handover report: in-person signing .

Workflow

From first meeting to commission, fully documented

Here is how a listing runs when no contract is stuck in the mail anymore:

Exclusive listing at the first meeting

The brokerage agreement goes to the owner's phone as a signing link and is signed before the competition has written a listing brochure. Text form and withdrawal notice are documented.

Buyer under contract

When things get serious, the commission agreement goes to the buyer as a link and is signed before the next appointment, including the commission split under §§ 656c, 656d BGB.

Complete file for the notary appointment

Extension, price adjustment, addendum: everything runs the same way. By the notary appointment, every signature is in the file with a timestamp.

What this looks like in practice: A brokerage with five agents closes exclusive listings during the first meeting: signing link to the phone, text form met, withdrawal notice delivered with a timestamp. The commission agreement with the buyer follows before the second viewing, and if the commission is ever disputed, every signature is in the audit trail with a complete chain of evidence.

Matching features

Built for everyday work: Real estate agents

Text form with evidential value

The signing link meets the text form under § 656a BGB and, unlike a loose email thread, documents who agreed and when.

Templates for every mandate

Brokerage agreement, withdrawal notice and commission agreement are ready as templates. Your next mandate is ready to sign in two minutes.

Automatic reminders

If an owner does not sign, SmartDocs sends reminders on its own. You see the status of every request in real time.

Documented identity verification

Real estate agents are obliged entities under the German Anti-Money Laundering Act (GwG). The audit trail and the SMS-verified signature support your documentation.

FAQ

Questions from real estate agents

Yes. For brokerage agreements on the purchase of single-family homes and apartments, § 656a BGB (German Civil Code) requires text form, and the electronic signature meets it. Without text form, the agreement is void and the commission claim is lost. Strictly speaking, even an email is enough; but the signature request delivers a single sealed document with an audit trail instead of a scattered email thread that first has to be pieced together in a dispute.

Your next exclusive listing gets signed at the first meeting

Start for free, set up a brokerage agreement template, send your first signing link. No payment details, no minimum term.

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