Changing estate agents when selling: check contracts and existing buyers

Identify what a change needs to improve

Your house has been advertised for weeks, enquiries seem to lead nowhere and updates arrive only when you chase them. Looking for another estate agent is understandable. A useful change starts by identifying the problem you want solved. A different agency name attached to the same presentation and unsupported asking price may leave the sale facing exactly the same obstacles.

Ask for an account of the marketing so far: publication dates, enquiries, viewings, offers and the reasons discussions stopped. Separate a lack of enquiries from a lack of suitable buyers and from buyers withdrawing after a viewing. These patterns can suggest different questions about price, condition, documents or presentation. None is conclusive on its own. An agent's activity report is more useful when it explains decisions than when it merely lists website views.

Compare the work delivered with the actual agreement. Record missed updates, inaccurate property information that remained uncorrected, or appointments arranged contrary to agreed instructions. Note dates and retain relevant correspondence. Disappointment about an unsold house is different from evidence that the agent breached an obligation. The distinction matters both when discussing improvements and when considering termination.

You may decide that a specific improvement plan with scheduled reporting is enough. If confidence has broken down, use the same findings to brief the next agent. The objective is a better sales process with clear responsibilities. Unresolved paperwork, an unrealistic handover date or a price unsupported by the property should receive attention before the next advertising campaign begins.

Read the complete agreement before appointing another agent

Collect the signed instruction, annexes, standard terms, emails recording acceptance and any later amendments. Identify the contracting parties and the people authorised to act for the owners. A spouse's involvement does not automatically establish authority to bind every co-owner. Equally, a termination notice should come from the appropriate contracting party or an authorised representative.

German agreements distinguish between an ordinary instruction and an exclusive instruction, commonly called an Alleinauftrag. An ordinary instruction can generally allow other agents; an exclusive instruction usually restricts their appointment. Additional provisions may require privately found buyers to be referred to the appointed agent. The enforceable wording matters more than the heading. If the effect of a referral or commission clause is unclear, obtain legal advice before creating an overlapping instruction. Our guide to estate agency agreements for house sales explains the broader framework.

For agency agreements concerning the introduction or negotiation of a purchase of an apartment or single-family house, section 656a of the German Civil Code requires Textform. This means a readable declaration on a durable medium; a suitable email agreement can qualify. It is not necessarily a requirement for handwritten signatures. Do not automatically apply this particular rule to every plot or apartment building, or assume it also answers every question about the form of termination.

Highlight the start date, term, renewal mechanism, notice period, commission and agreed expenses. Establish the earliest reliable end date. Missing annexes or conflicting versions need resolving before you promise a new agent an immediate start. Otherwise, a seemingly straightforward change can create obligations you did not intend to overlap.

Choose the correct route to ending the instruction

A fixed term does not always mean the agreement ends without action: check any renewal provision. There is no universal notice period for all German estate agency agreements. Nor does a familiar-looking clause prove that it is enforceable in your circumstances. If renewal is disputed, have the actual wording and its incorporation into the agreement assessed.

An ordinary termination notice should identify the agreement and property, state the intended end date and reach the correct recipient in a provable way. Under section 130 BGB, receipt is generally the relevant point, rather than simply sending a declaration. Keep the notice and evidence of delivery. Asking for confirmation is sensible, but confirmation is not automatically what makes a valid notice effective. Resolve doubts about form and timing before committing to a replacement instruction.

An agreed early termination can provide a more predictable transition. Record the end date, removal of advertisements, return of keys and documents, outstanding costs and the treatment of existing contacts. A statement that the agency instruction has ended does not, by itself, settle every possible later commission claim. Any intended release should specify the claims and circumstances it covers.

For an ongoing contractual relationship, termination for serious cause under section 314 BGB requires more than dissatisfaction. Where the reason is a breach of duty, a chance to remedy the breach or a warning is generally required, subject to exceptions. A house remaining unsold does not automatically justify immediate termination. A lawyer should assess serious breaches, required preliminary steps and timing. A possible consumer withdrawal right is a separate issue; it should not be confused with ordinary notice.

Build a useful record of existing buyer contacts

Request a property-specific record of contacts and activity from the previous marketing. Useful information includes an identifiable person, first contact date, property information provided, viewing dates, offers and the latest position. Ask about arranged follow-up appointments as well. A list of names alone cannot explain what introduction or negotiation work the agent considers relevant.

Add information you already hold. A neighbour might have approached you about buying before the instruction began. Another buyer might have discovered the house through the agent and later contacted you directly. Preserve existing messages and appointment confirmations. Prior knowledge needs a meaningful chronology and content; saying afterwards that you already knew someone does not establish what you knew about their concrete purchase interest.

For practical planning, separate clearly new contacts, documented contacts from the earlier campaign and unresolved overlaps. These categories do not decide whether commission is legally payable. They identify where clarification is needed before the next agent performs work. If asked to sign the former agent's list, check whether you are merely acknowledging receipt or also accepting a statement about commission liability. Those are different actions.

Sharing information must also be proportionate. Articles 5 and 6 of the GDPR require, among other things, a lawful basis, a defined purpose and data minimisation. Agree the necessary matching process with the agencies. Financing documents, identity copies and private family details should not automatically move into the new agent's files. Checking overlapping contacts for one property is different from transferring an entire customer database.

Assess commission separately from the contract end date

Under section 652 BGB, commission generally depends on the main contract resulting from the agreed introduction or negotiation activity. An eventual sale can therefore remain connected to work performed earlier. The agent does not necessarily have to attend the final negotiations or notarial appointment. Conversely, carrying out some advertising does not automatically establish an entitlement to commission.

There is no general statutory six-month period after which an earlier introduction becomes irrelevant. In case I ZR 69/19, the Federal Court of Justice examined causation. Timing can affect the assessment of evidence; it is not an owner-selected waiting period guaranteeing a commission-free sale. A pause in discussions or a new brochure does not automatically erase the effect of an earlier introduction.

Consider the Weber family viewing a house in Düsseldorf with agent A in May. A's instruction ends in August. In September, the family contacts agent B and subsequently buys the house. Both agreements and both agents' activities need examining. Neither being the first agent nor completing the last negotiations alone decides who can claim what from whom.

A simple calculation shows why clarification matters. At an assumed purchase price of €480,000, an agreed fee of 3 percent including VAT would be €14,400. Two valid claims at that assumed amount would total €28,800. These figures are illustrative, not a recommended market fee or a conclusion that both claims exist in the Weber example. They explain the financial importance of resolving overlap before making additional commitments.

Check agreed expenses separately from commission. Section 652(2) BGB requires an agreement for reimbursement and allows agreed expenses to matter even without a completed purchase contract. Ask for the contractual basis and a breakdown; an amount printed in standard terms is not automatically enforceable.

Agree expressly how previous contacts will be handled

Tell the prospective agent about the existing instruction and arrange the necessary contact comparison before work starts. A reassuring statement that previous viewers will cause no difficulty is not a substitute for a contractual arrangement. Identify which known contacts are excluded from the new instruction and what additional services, if any, you want the new agent to perform for them.

One possible arrangement excludes named contacts from the new success fee. Another involves an expressly agreed cooperation between the agents. The appropriate approach depends on previous work and the intended next steps. If the agents intend to share commission, make sure your own payment obligation is consistent with that arrangement. An internal agreement should not leave you exposed to two full demands without a clear answer about your liability.

The new agent cannot unilaterally cancel the previous agent's rights. A necessary release must come from the person who could hold the claim. Likewise, a seller cannot cancel a buyer's separate agency agreement without authority. If a buyer has dealt with both agents, distinguish their possible obligations from yours and have contested claims assessed individually.

Special rules also apply to apartments and single-family houses purchased by consumers. Sections 656b to 656d BGB govern matters including payment where an agent is instructed by both sides and certain transfers of agency costs to the other party. These rules do not automatically settle competing claims by successive agents. Legal advice on a disputed transition has a different purpose from the new agent's work on presentation, price and viewings.

Coordinate the practical handover and relaunch

Prepare a handover record covering keys, original documents, supplied files and pending appointments. Agree when previous advertisements will be removed and who will answer enquiries arriving during the transition. Conflicting prices, floor areas and contact details can confuse otherwise suitable buyers. Check the advertisements that remain visible after the agreed change and record any corrections still required.

Clarify rights to reuse photographs, descriptions, floor plan illustrations and other produced materials. Owning the house, or having paid for work, does not automatically establish every right needed for another agency to republish the resulting material. Confirm the licence and permitted transfer, or arrange suitable new material. In either case, verify the property information against the underlying documents.

Use the relaunch to make a reasoned pricing decision. A property valuation should bring together location, condition, floor areas and relevant comparable evidence. Do not retain an old asking price simply because it has already appeared online. Equally, a higher proposal is not better merely because it is more appealing. Ask how the previous market response supports the proposed strategy and what remains uncertain.

Give every missing document an owner and a next step. Our house sale checklist helps organise preparation. Fresh photographs should not obscure known defects or unresolved questions about floor area. A relaunch does not need to pretend the house has never been offered before. It should make the offer more accurate and help serious buyers obtain reliable answers without repeatedly encountering the same gaps.

Begin the new instruction with clear responsibilities

Before the new campaign starts, establish when the old commitment ends, which contacts require special treatment, which costs are settled or disputed and what preparation remains. A dispute over one fee need not prevent every preparatory activity. It should, however, be considered before another exclusive instruction or commission promise makes the situation more complicated.

Agree specific deliverables and reporting arrangements with the new agent. These might include approval of the brochure, coordination of viewings, records of meaningful buyer feedback and a scheduled review of the sales approach. Assess whether questions are being resolved and realistic purchase decisions are moving forward, rather than focusing only on enquiry totals. These arrangements do not guarantee a selling price or completion date.

If you are preparing to change agents for a house in Düsseldorf or elsewhere in North Rhine-Westphalia, use the property sale enquiry form to describe the property, the marketing so far and your intended timescale. Mention whether an instruction is still active and whether previous buyers remain interested. An initial overview does not require uploading their complete personal or financial records.

Disputed termination and competing commission claims belong with an appropriately instructed lawyer. The notary deals with the property purchase contract. A well-prepared agent change connects those responsibilities with a practical sales plan: a documented ending, an agreed approach to existing contacts and a clear explanation of what the next campaign will improve. That gives you a decision based on foreseeable commitments rather than simply a change of name on the advertisement.