Agent Fees in Germany: What Buyers Pay for Apartments, Land & Commercial Property

Buying property in Germany means navigating a system where agent commissions can add tens of thousands of euros to your purchase. But the rules differ dramatically depending on what you’re buying and who you are. Since the landmark 2020 reform, buyers of apartments and houses have strong legal protections, while buyers of land, commercial property, and investment buildings still operate under the old, unregulated regime.

This guide breaks down exactly what you’ll pay, what the law says, and what recent court rulings mean for your next purchase.

The 2020 Reform: What Changed

On December 23, 2020, the Gesetz über die Verteilung der Maklerkosten bei der Vermittlung von Kaufverträgen über Wohnungen und Einfamilienhäuser came into force, adding sections §§ 656a–656d to the German Civil Code (BGB).

Before this law, commission practices varied wildly by region. In Berlin and Brandenburg, buyers routinely paid the entire 7.14% commission, over €25,000 on a €350,000 apartment. In other states, sellers bore most of the cost. The reform ended these regional disparities for residential purchases.

The Three Key Rules

1. Written form required (§ 656a BGB) All broker contracts for apartments and single-family homes must be in Textform, meaning email, written document, or even SMS. Oral agreements and handshakes are void. If the broker can’t produce a written contract, they have zero legal claim to commission.

2. The 50/50 split rule, Halbteilungsprinzip (§ 656c BGB) When a broker works for both buyer and seller (the common “Doppelmakler” arrangement), the commission must be split equally. Any deviation doesn’t just get corrected, it makes both broker contracts void. The broker loses their commission from both parties entirely.

3. Single-party brokerage cap (§ 656d BGB) When only the seller hired the broker, the buyer can be asked to contribute, but never more than 50% of the total commission. And the buyer’s payment only becomes due after the seller proves they’ve paid their share.

If the seller pays nothing, the buyer owes nothing.

What You Pay by Property Type

This is where it gets critical. The 2020 reform does not apply universally. It protects consumers buying residential property, and nothing else.

Apartments (Eigentumswohnung): Protected

The core target of the reform. When you buy a condo or apartment as a consumer (for personal use or as an individual investor), the full protection applies:

• Maximum 50% commission share for the buyer
• Written contract required
• Typical buyer cost: 3.57% (half of the standard 7.14% total)

On a €400,000 apartment in Berlin, that’s €14,280, compared to the pre-reform €28,560 that buyers used to pay alone.

Single-Family Homes (Einfamilienhaus): Protected

Same protections as apartments. A March 2025 BGH ruling (I ZR 32/24) confirmed that homes with minor non-residential elements, like an attached office annex or an Einliegerwohnung (in-law apartment), still qualify as single-family homes under the law. The classification depends on the buyer’s intended use at the time the broker contract is signed.

Two-Family Homes (Zweifamilienhaus): Disputed

This is an active legal grey area. The BGH has a hearing scheduled for May 21, 2026 (I ZR 111/25) to clarify whether a two-family house falls under the reform when the buyer intends to use it as a single-family residence. Lower courts have so far ruled against buyers, holding that the objective building classification takes precedence. Watch this space.

Undeveloped Land (Grundstücke): NOT Protected

If you’re buying a bare plot of land, whether for building or as an investment, the 2020 reform does not apply. The broker can charge the buyer any amount, with any split, and oral agreements remain valid.

In practice, commission on land purchases is still freely negotiable. Buyers should negotiate aggressively, as there is no legal floor or ceiling.

Multi-Family Investment Properties (Mehrfamilienhäuser): NOT Protected

Buying an apartment building as an investment? The reform explicitly excludes properties rented to multiple tenants. Commission is fully negotiable, and the old regional customs apply. In hot markets, buyers of investment properties may still face commissions of 5–7% paid entirely by the buyer.

Commercial Property (Gewerbeimmobilien): NOT Protected

Office buildings, retail spaces, warehouses, industrial sites, all fall outside the reform entirely. Commission rates are freely negotiable, oral contracts are valid, and there is no 50/50 split requirement.

Typical commercial property commissions range from 3% to 6%, depending on the property value, location, and market conditions. The split between buyer and seller is a matter of pure negotiation.

Typical Commission Rates Across Germany (2026)

While the law regulates the split, it does not cap the amount. These are the prevailing market rates:

For a €350,000 property at the standard 7.14% rate, the total commission is €24,990, with the buyer’s share at €12,495.

Use our closing cost calculator to see exactly how agent fees combine with transfer tax, notary, and land registry costs for your specific state and purchase price.

Recent BGH Rulings That Matter

March 2025: No Creative Commission Shifting (I ZR 138/24)

A seller tried to reduce the purchase price and shift the entire €25,000 broker commission to the buyers. The BGH shut this down definitively: this violates § 656d BGB, and the buyer successfully reclaimed the full commission, not just the excess above 50%.

The court confirmed there is no geltungserhaltende Reduktion (partial reduction to the legal maximum). Violating the split rule means the entire agreement is void.

October 2025: Online Broker Contracts Need Proper Buttons (I ZR 159/24)

In a ruling with massive practical impact, the BGH held that online broker contracts must comply with § 312j BGB’s “button solution.” The confirmation button must clearly indicate a payment obligation, something like “zahlungspflichtig bestellen”. A generic “Senden” (Send) button renders the contract permanently void.

This affects potentially thousands of existing contracts signed through broker platforms that used generic buttons. If you signed a broker contract online, check what the button said, you may have grounds to reclaim your commission.

Pending May 2026: Two-Family Home Classification (I ZR 111/25)

The BGH will decide whether a property technically classified as a Zweifamilienhaus falls under the reform when the buyer intends to use it as a single-family home. The outcome will affect buyers of properties at the border between protected and unprotected categories.

How to Protect Yourself as a Buyer

For protected property types (apartments & houses):

1. Demand the written broker contract before any viewing. If the broker can’t or won’t provide one in Textform, they have no legal claim to commission.

2. Verify the split is exactly 50/50. If the broker’s contract asks you to pay more than the seller, the entire contract is void.

3. Request proof of seller payment before you pay your share. Under § 656d BGB, your obligation only kicks in after the seller has demonstrably paid their portion.

4. Check online contract buttons. If you signed a broker agreement online and the confirmation button didn’t clearly indicate a payment obligation, the contract may be void.

For unprotected property types (land, commercial, multi-family):

1. Negotiate everything. There is no legal framework, commission rates, splits, and payment terms are all open for discussion.

2. Get it in writing anyway. Even though Textform isn’t legally required for these property types, a clear written agreement prevents disputes.

3. Consider buying provisionsfrei. Look for listings marked “provisionsfrei” or “ohne Makler” where the seller deals directly.

The Rental vs. Purchase Distinction

Germany has two entirely different systems for agent fees:

Rentals (since June 2015): The Bestellerprinzip, whoever orders the broker pays 100%. If the landlord hires the broker, the tenant pays nothing. Commission is capped at 2 net cold rents plus VAT (2.38 gross monthly rents).

Purchases (since December 2020): The Halbteilungsprinzip, a maximum 50/50 split. This is fundamentally different from the rental Bestellerprinzip. Both parties can pay, but the buyer never pays more than the seller.

The original legislative draft proposed extending the Bestellerprinzip to purchases as well, but this was abandoned during the parliamentary process in favor of the compromise 50/50 rule.

Key Takeaways

• Buying an apartment or house? You’re protected. Maximum 3.57% buyer commission (at standard rates), written contract required, seller must pay their share first.

• Buying land, commercial property, or investment buildings? No protection. Everything is negotiable, and you should negotiate hard.

• Signed a broker contract online? Check the button text. A generic button may mean you can reclaim your entire commission.

• Seller trying to shift the full commission to you? That’s illegal for protected property types since the March 2025 BGH ruling. You can reclaim the full amount.

Once you know your agent fees, calculate your total purchase costs with our closing cost calculator and estimate your monthly mortgage payments with our mortgage calculator.