Splitting an estate agent's fee on a German home purchase
The statute does not cap the commission, it governs how it is split. Where both sides engage the agent, they pay the same. Where only the seller engaged the agent, no more than half may be passed on to the buyer — and the buyer need only pay once the seller has paid their share and proved it.
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Calculation assumptions
- The total commission is an input: the statute sets neither a rate nor a ceiling.
- Where the two sides' obligations differ when the agent acts for both, both agency contracts are treated as void. The wording of BGB s. 656c(2) does not say in terms whether it strikes down both contracts or only one.
- The agency contract is assumed to be in text form (BGB s. 656a).
- Forfeiture of the fee under BGB s. 654 is not assessed.
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This result is provided for information purposes only and does not constitute personalised tax advice. Check your situation with the tax authorities or a professional.