Estate agent commission when buying in Germany

When a fee is owed at all

Section 652 BGB states the basic rule. Someone who promises a fee for being shown the chance to conclude a contract, or for the agent’s mediation, owes it only if the contract is concluded because of that introduction or mediation. If the contract is signed under a condition precedent, the fee can be demanded only once the condition is met. Expenses are reimbursed only if agreed, even if no contract results.

So read the clause carefully: a fee that is due “on signing” of your agent contract, whether or not you buy, does not fit § 652(1).

The text-form rule

For a flat or single-family house, the contract with the agent needs text form (§ 656a BGB) (a spoken promise alone does not meet it). The rules that follow (§§ 656c, 656d) apply only if the buyer is a consumer (§ 656b). They do not cover multi-family buildings, plots on their own or commercial property, which this guide does not address.

The agent works for both sides

If the agent takes a promise of a fee from both parties to the purchase, the shares must be equal (§ 656c(1)). If the agent agrees with one party to work for free, the agent cannot ask the other for a fee. A waiver for one party also benefits the other, and the parties cannot agree to anything different. A contract which departs from this is void (§ 656c(2)). Section 654 adds that the agent loses the claim to the fee and to expenses if the agent also works for the other side against the content of the contract.

Only one side hired the agent

This is the common listing situation: the seller hired the agent and the buyer did not. Section 656d(1) allows an agreement that makes the other party pay or reimburse the fee only if the party who hired the agent remains liable at least in the same amount. In effect the buyer’s share cannot exceed the seller’s. As a formula: if the total fee is T, the buyer’s share can be no more than T divided by two. The buyer’s claim also becomes payable only after the party who hired the agent has paid, and the agent or that party has shown proof of payment.

Calculation, not a quote: where the contract fixes a total of T and the seller has hired the agent, a clause asking you for 70% of T would not satisfy § 656d(1), because the seller would be left with the smaller share.

What the law does not say

Only the consumer-protection layer is statutory: who may be asked to pay, in what form, and in what proportion. The texts read here fix no commission rate, no maximum and no regional custom. The figures advertised in listings are what the agent sets and you can negotiate; they are not a legal tariff. For the rest of your costs, see total buying costs. Because the federal rules do not vary by state, there is no state table to read. What varies by state is the transfer tax: see real estate transfer tax.

Checking the agent

An estate agent needs a permit under § 34c(1) of the Gewerbeordnung (GewO), which is refused if the applicant is unreliable or in disorderly finances (§ 34c(2)). The register of intermediaries in § 11a GewO covers only some other trades and does not list estate agents under § 34c; this guide found no public register of them. The authority may limit a permit in scope and attach conditions where this protects clients (§ 34c(1)), so the permit’s wording matters, not only its existence. Ask the agent for the permit and which authority issued it, and contact that authority if you want to confirm it. Payotte does not rank or recommend agents.

Which professional to consult

The real estate agent page explains the trade in general terms. A notary can explain how the deed treats the agent’s fee,. A lawyer can read an agent’s contract before you sign.