Real Estate Agent in Germany: Who Pays the Commission for Renting and Buying

A real estate agent in Germany is an intermediary for property transactions. Their fee is called Maklerprovision or Maklercourtage. Who pays the commission depends on the transaction: rentals are governed by the Bestellerprinzip, while when a private individual buys an apartment or Einfamilienhaus, the buyer cannot be placed at a disadvantage compared with the seller regarding commission.

The main rule for a tenant or buyer is simple: do not pay for a “viewing,” “reservation,” or “documents” until there is a clear contract, the transaction has taken place, and there is a legal basis for the invoice.

In brief: who pays the agent

Situation	Who usually pays	What to check
Rental: the landlord hired the agent	The landlord	The tenant cannot be charged a commission merely for responding to an advertisement.
Rental: the tenant placed a Suchauftrag themselves	The tenant, but only if the legal conditions are met	A contract in Textform, the property was found specifically because of the tenant’s instruction, and the Mietvertrag was concluded.
Purchase of an apartment or Einfamilienhaus by a private individual, with the agent working for both parties	Buyer and seller in equal shares	The commission shares must be the same.
Purchase of an apartment or Einfamilienhaus where only the seller has a contract with the agent	The seller; the buyer may pay no more than the same amount	The buyer pays only after proof that the seller has already paid their share.
Purchase of land, commercial property, an apartment building, or a business-to-business transaction	As agreed by the parties	The special consumer rules for apartments/Einfamilienhaus may not apply.

Commission does not arise automatically. Under the basic logic of §652 BGB, the agent must have a contract, their work must lead to the conclusion of the main contract, and the transaction must take place. If no Mietvertrag or Kaufvertrag has been concluded, a commission claim generally deserves particularly close scrutiny.

Rentals: Bestellerprinzip and Textform

For renting a home, the Bestellerprinzip applies: the party that ordered the service pays. If the landlord engaged the agent, the landlord usually bears the commission.

A tenant may pay an agent only in a narrow situation: they personally concluded a Vermittlungsvertrag or Maklervertrag in Textform, instructed the agent to look for housing, and the intermediary obtained the right to offer this specific apartment exclusively because of that instruction. If the apartment was already in the agent’s portfolio or advertised on the landlord’s behalf, a commission claim against the tenant generally does not hold up.

Textform does not necessarily mean a paper contract with a signature. Any format that can be saved and presented is suitable: email, a message through a portal, a letter, or another durable text. A phone conversation without recorded confirmation is not enough.

If the tenant really does have to pay, the law caps the amount at two months’ Kaltmiete plus statutory VAT. Kaltmiete is rent excluding utility charges; see Nebenkosten for more details. Separate fees for a property database, processing an application, standard documents, or a viewing are questionable and should be checked before payment.

Buying an apartment or house

For consumers buying a home, §§656a–656d BGB are important. These rules apply to the purchase of a Wohnung or Einfamilienhaus if the buyer is acting as a consumer.

The main consequences are:

• A Maklervertrag for such a purchase must be in Textform.
• If the agent charges commission to both parties, the buyer and seller must be obliged to pay the same amount.
• If only one party concluded the contract with the agent, costs can be passed on to the other only if the client remains obliged to pay at least the same amount themselves.
• A claim against the other party becomes payable only after proof that the client has already paid their share.

There is no nationwide rate table for sales. The percentage and amount are agreed in the contract, and listings often state the commission plus 19% Umsatzsteuer. Before making an offer, therefore, look not only at the property price but also at the full Kaufnebenkosten: Grunderwerbsteuer, the notary, Grundbuch, and any Maklerprovision.

Does a phone call count as a contract?

An ordinary call to an agent does not by itself create a paid contract under which a tenant or buyer can reliably be required to pay commission. A recorded contract in Textform is required for housing rentals and for a consumer purchase of an apartment/Einfamilienhaus.

In practice, the dispute often arises like this: someone responds to a listing, attends a viewing, and later receives an invoice. In that situation, first ask for the basis: who hired the agent, where is the contract, when did the payment obligation arise, how was the amount calculated, and what transaction took place?

Request template before paying commission

In German: Bitte bestätigen Sie mir in Textform, auf welcher rechtlichen Grundlage ich eine Maklerprovision zahlen soll, wer Auftraggeber des Maklers ist, wie hoch die Provision in Euro und Prozent ist, ob Sie als Doppelmakler tätig sind und, falls es sich um einen Immobilienkauf handelt, ob der Verkäufer seinen Provisionsanteil bereits vollständig bezahlt hat. Bitte senden Sie mir außerdem die Vertragsgrundlage und gegebenenfalls den Nachweis über die Zahlung des Verkäuferanteils zu. Vielen Dank. [Name]

Translation: Please confirm to me in text form the legal basis on which I am required to pay a real estate commission, who the agent’s client is, the amount of the commission in euros and as a percentage, whether you act as an intermediary for both parties and, if this concerns a property purchase, whether the seller has already paid their commission share in full. Please also send me the contractual basis and, where applicable, proof of payment of the seller’s share. Thank you. [Name]

How to check a real estate agent

Before signing a Maklervertrag, check who you are dealing with. In Germany, commercial real estate brokerage requires an Erlaubnis nach §34c GewO. A reputable agent should have no problem naming the authority that issued the permit and showing their company details.

Basic checklist:

• open the Impressum on the website: it should show the company, address, and contact details;
• request the details under §34c GewO and the issuing authority;
• clarify who the Auftraggeber is and who pays the commission;
• ask for the commission amount in euros and as a percentage, including Umsatzsteuer;
• ask whether the agent is a Doppelmakler;
• check exactly when the entitlement to payment arises;
• do not transfer money to a private account without a contract and a clear payment reference.

Real estate agents and employees directly involved in activities under §34c GewO must complete continuing professional training: 20 hours over three calendar years. This does not replace checking the contract, but a competent professional will readily explain how they maintain their qualifications.

Red flags include no Impressum, no Textform, vague commission terms, pressure to “pay today,” a demand for money for keys or a viewing, refusal to name the licensing authority, and promises to circumvent the commission-sharing rules.

Request template for checking an agent

In German: Bitte teilen Sie mir in Textform Ihre vollständigen Unternehmensdaten, den Link zu Ihrem Impressum, die Behörde, die Ihre Erlaubnis nach § 34c GewO erteilt hat, und die relevanten Angaben zu dieser Erlaubnis mit. Vielen Dank. [Name]

Translation: Please provide me in text form with your complete company details, a link to your Impressum, the authority that issued your permit under §34c GewO, and the relevant details of that permit. Thank you. [Name]

Widerrufsrecht: when you can withdraw from a Maklervertrag

If a consumer concludes a Maklervertrag remotely—for example, via a website, email, messenger, or telephone with confirmation in Textform—or outside the agent’s office, a Widerrufsrecht generally arises. The basic period is 14 days. If the right of withdrawal was not communicated properly, the period can be extended to a maximum of 12 months and 14 days.

However, a Widerruf does not always mean that you definitely will not have to pay anything. If you expressly asked the agent to begin work before the withdrawal period ended and were properly informed of the consequences, there may be nuances. If the amount is disputed, it is better not to send emotional messages; make a short written Widerruf and request a calculation.

Example Widerruf of a Maklervertrag

In German: Hiermit widerrufe ich den am [Datum] geschlossenen Maklervertrag betreffend die Immobilie [Adresse/Objekt]. Bitte bestätigen Sie mir den Eingang dieses Widerrufs in Textform. Mit freundlichen Grüßen [Name]

Translation: I hereby withdraw from the Maklervertrag concluded on [date] concerning the property [address/property]. Please confirm receipt of this withdrawal in text form. Kind regards, [Name]

When you do not need to pay commission

Reasons not to pay, or at least to challenge an invoice, are common:

• there is no valid contract in Textform where it is required;
• no Mietvertrag or Kaufvertrag was concluded;
• the agent cannot show that their work actually led to the transaction;
• in a rental, the property was already obtained on the landlord’s instruction but the tenant is being made to pay;
• in a rental, the agent is also the owner, landlord, tenant, or manager of that particular property;
• in the purchase of an apartment or Einfamilienhaus, the buyer is charged more than the seller;
• in a purchase, the buyer is billed for the seller’s share without proof that the seller has already paid their part;
• an advance payment, “joining fee,” charge for a database, keys, viewing, or standard documents is demanded.

There are special rental situations in which no commission is due, for example, the continuation, extension, or renewal of a contract for the same residential premises. Additional restrictions may apply to social housing or rent-regulated housing.

If an invoice seems questionable, do not pay “to avoid losing the property.” First request the contract, the commission clause, a calculation of the amount, confirmation of the agent’s role and, for a purchase, proof that the other party’s share has been paid.

Reservierungsgebühr: reserving a property and getting your money back

Reservierungsgebühr—a fee for reserving a property—is one of the most contentious payments. Situations are particularly risky when an agent asks for money before the notarised purchase agreement and relies on a standard form or AGB.

On 20 April 2023, the Bundesgerichtshof ruled in case I ZR 113/22 that an agent cannot effectively impose such a Reservierungsgebühr in AGB if the client receives no comparable independent benefit and repayment is excluded. In that case, the clause may be invalid and the money may be refundable.

A practical rule: any advance payment for a “reservation” requires a written basis, refund conditions, and an explanation of the independent service you actually receive. If the purchase did not happen and the payment was included in the agent’s standard terms, it makes sense to request a refund in writing and then show the documents to a lawyer.

Template for requesting a Reservierungsgebühr refund

In German: Ich fordere Sie hiermit auf, die von mir am [Datum] gezahlte Reservierungsgebühr in Höhe von [Betrag] Euro bis spätestens zum [Datum] auf folgendes Konto zurückzuzahlen: [IBAN]. Nach meiner Auffassung ist die entsprechende Klausel unwirksam, da die Reservierungsgebühr im Zusammenhang mit dem Maklervertrag in AGB vereinbart wurde. Bitte bestätigen Sie mir die Rückzahlung in Textform. Mit freundlichen Grüßen [Name]

Translation: I hereby request that you repay the Reservierungsgebühr of [amount] euros paid by me on [date] to the following account by no later than [date]: [IBAN]. In my view, the relevant clause is invalid because the Reservierungsgebühr was agreed in AGB in connection with the Maklervertrag. Please confirm the repayment in text form. Kind regards, [Name]