Estate agent commission in Germany: who pays?
Who pays estate agent fees in Germany and Berlin? Consumer-buyer rules, commission sharing and an example calculation with no assumed standard rate.
Published by: HomesInGermanyUpdated:
Quick answer
There is no statutory commission percentage. Special rules apply to apartments and single-family houses bought by consumers: an agent engaged by both parties must agree equal fees with them. If one party alone engages the agent and passes on costs, that party must remain liable for at least the same amount.
Two different contract arrangements
§ 656c BGB covers fees agreed with both parties. § 656d covers passing on costs when only one party instructed the agent. In that second arrangement, reimbursement is due only after the instructing party has paid and evidence is provided. § 656b limits these rules to consumer buyers. They do not cover every type of property transaction.
Is there a fixed commission rate in Berlin?
In Berlin, the actual agreement also determines the fee. Confirm the percentage including VAT, calculation base, paying parties and due date in writing. Illustration, not a quote: on a €400,000 sale, an agreed fee of 3% including VAT is €12,000 for that party. Whether the other party pays, and how much, depends on the permitted contract arrangement.
Sources and further reading
- BGB § 656b — consumer buyers
- BGB § 656c — commission for both parties
- BGB § 656d — passing on commission costs
General information. Legal and tax outcomes depend on your circumstances; check your case with your notary or tax adviser.