Who Pays the Real Estate Agent in Germany?
The German real estate market is strictly regulated and transparent. A common question is: Who pays the real estate agent, and how much is the commission?
The answer depends on the type of transaction (rental or purchase), as well as on the region – since commission rates may vary by federal state.
Rental Property
Since 2015, the “Bestellerprinzip” (ordering party principle) applies:
? The one who hires the agent pays the commission.
Typically, this is the landlord. Tenants only pay a commission if they have hired the agent themselves.
- Maximum commission: 2.38 months of net cold rent (incl. VAT)
- Legally regulated – violations may result in fines.
Purchasing Residential Property
As of December 2020, new rules apply:
? If the agent was hired by the seller, the commission must be split at least 50/50 between buyer and seller.
- Exception: If the buyer hires the agent independently, they pay the commission alone.
- The fee is not fixed by law, but usually ranges from 3.57% to 7.14% of the purchase price (incl. VAT), depending on the region.
Typical Broker Commissions by Region
| Federal State | Typical Commission (Purchase) | Who Pays? |
|---|---|---|
| Berlin | 7.14% (split: 3.57% + 3.57%) | Buyer and seller |
| Bavaria (Munich) | 3.57% – 7.14% | Often fully paid by buyer |
| Brandenburg | 7.14% | 50/50 split |
| North Rhine-Westphalia | 3.57% – 4.76% | Split |
| Hamburg | 6.25% | Split |
| Hesse | 5.95% | Split |
| Baden-Württemberg | 4.76% – 7.14% | Split or fully paid by buyer |
| Schleswig-Holstein | 6.25% – 7.14% | Split |
| Saxony / Saxony-Anhalt | 3.57% – 5.95% | Split |
| Thuringia / Rhineland-Palatinate | 3.57% – 5.95% | Split |
Note: These are typical values – in practice, the commission is negotiable and defined in the agent agreement.
Commercial Property and Land
For commercial real estate, plots, and development projects, the 50/50 rule does not apply – the commission is fully negotiable.
