Information on the estate agent commission 2021

Dear customers,

Thank you for your interest in one of our properties. Unfortunately, the new law on changes to estate agent commission is causing some confusion and a need for explanation. The division of the commission only applies to the brokerage of single-family houses and condominiums under the condition that the buyer is a private individual.

§ Section 656a BGB Text form

A brokerage contract which has as its object the proof of the opportunity to conclude a purchase contract for a flat or a single-family house or the brokerage of such a contract requires text form.

§Section 656b BGB Personal scope of application of Sections 656c and 656d

Sections 656c and 656d only apply if the buyer is a consumer.

§Section 56c BGB Wage claim when working for both parties

(1) If the estate agent has both parties to the purchase contract for a flat or a single-family house promise to pay an agent's fee, this can only be done in such a way that the parties undertake to pay the same amount. If the estate agent agrees with one party to the purchase contract that he will work for that party free of charge, he cannot be promised an estate agent's fee by the other party either. A waiver also works in favour of the other party to the contract. Sentence 3 may not be deviated from by contract.

(2) A brokerage agreement that deviates from paragraph 1 sentences 1 and 2 shall be invalid. § Section 654 remains unaffected.

§Section 656d BGB Agreements on brokerage costs

(1) If only one party to the purchase contract for a flat or a single-family house has concluded a brokerage agreement, an agreement that obliges the other party to pay or reimburse brokerage fees shall only be effective if the party that concluded the brokerage agreement remains obliged to pay the brokerage fee at least in the same amount. The claim against the other party shall only become due when the party that concluded the brokerage agreement has fulfilled its obligation to pay the brokerage fee and it or the broker provides evidence of this.

(2) Section 656c (1) sentences 3 and 4 shall apply accordingly.

Any questions?