Share estate agent costs fairly: What the new law means

A new law changes the distribution of estate agent commission. Since 23 December 2020, estate agents may only charge the buyer a commission that corresponds to that of the seller. The aim: to ease the burden on buyers and create transparency. But what impact will the changes actually have?

1. 50/50 split of the broker's commission

The new regulation stipulates an equal division of brokerage costs:

  • Equal distribution: The buyer and seller each share the commission equally.
  • Obligation to provide evidence: Seller must provide proof of payment before the buyer is obliged to pay.
  • Internal commission: The seller can continue to bear the brokerage costs in full.

2. written form for brokerage contracts

In order to create clear agreements, brokerage contracts must be recorded in writing with immediate effect:

  • Moulds: Contract on paper or by e-mail.
  • No verbal agreements: Handshakes are no longer valid.

3. effects on the property market

The changes could influence the market, but it is still unclear how much:

  • Regional differences: In some federal states, the 50/50 split was already common.
  • Basis for negotiation: Broker commission remains flexible and negotiable.
  • Signalling effect: High commissions could emphasise the broker's negotiating skills.

Are you looking for support when buying or selling property? Get in touch with us. We are happy to advise you!

Further information

Legal notice: This article does not constitute tax or legal advice. Please consult a lawyer or tax advisor for your individual case.

Photo: © VisualGeneration/Depositphotos.com

Disclaimer: Note: This article reflects the status at the time of publication. It is not updated on an ongoing basis. We reserve the right to make changes to case law, the market or legislation.

Contact us for a personal consultation!

Your property valuation - transparent, reliable, individual

Receive a well-founded assessment of the market value of your property - free of charge, personalised and tailored to your situation.

Portrait photo of a smiling man in a white shirt in front of a light-coloured, circularly cropped background

Your contact at FLEXMAKLER

Robert Schüßler

Current contributions