If an agent takes no commission, or only a small one, from the seller and instead wants to shift the costs onto the buyer, a closer look pays off. Since 23 December 2020, the law protects buyers of flats and single-family houses: a pure buyer's commission (Käuferprovision) is practically excluded in these cases. At Richter Immobilien-Transaktionen, we have been supporting owners and prospective buyers in Düsseldorf and North Rhine-Westphalia for over 60 years. This guide explains to you objectively what a missing seller commission means for you as a buyer, which legal limits apply, and what you should watch out for.
What does "agent without seller commission" mean?
Usually the seller's side engages an agent to sell a property. When an agent speaks of no seller commission, this means: the seller is to pay nothing or only little, and the agent's costs are to be borne entirely or mainly by the buyer's side.
From the buyer's perspective this is an important signal. The agent's commission is a considerable item in a property purchase, arising on top of the purchase price and the notary, land-register and real-estate transfer tax costs. Anyone who has to cover the commission alone pays noticeably more.
It is precisely here that the legislator stepped in in 2020. When flats and single-family houses are sold to consumers, the commission may since then no longer be shifted onto the buyer alone. A pure buyer's commission is largely excluded in these cases.
The legal limit since 23 December 2020
Under the "Act on the Distribution of Agent Costs in the Brokerage of Purchase Contracts for Flats and Single-Family Houses", the rules of §§ 656a to 656d BGB have applied since 23 December 2020. They protect private buyers from a one-sided burden.
Two provisions are central here. § 656c BGB governs the case where the agent acts for both parties: if the agent has both the seller and the buyer promise an agent's fee, both may only commit to the same amount. If the agent waives the fee towards one party, it cannot demand a fee from the other party either. Agreements that deviate from this are invalid.
§ 656d BGB concerns the common case where only one party concludes the agency contract. If the other party is then to be obliged to pay, this is only effective if the engaging party bears at least the same share. In addition: the claim against the other party only becomes due once the engaging party has paid its share and it or the agent provides proof thereof.
Why a pure buyer's commission is practically excluded
Putting § 656c and § 656d BGB together gives a clear picture for flats and single-family houses sold to a consumer: the buyer may bear at most the same share as the seller.
If the agent engages both sides, both must commit to the same amount. If only the seller engages, the seller must pay at least as much as the buyer. In both constellations the seller therefore cannot shift its costs entirely onto the buyer.
On top of this comes the due-date rule of § 656d BGB: the buyer's side only has to pay its share once the engaging party has made its payment and proven this. A genuine pure buyer's commission, in which only the buyer pays and the seller nothing, can therefore not be validly agreed by law for flats and single-family houses sold to consumers.
Internal and external commission: the difference
In the agency business two terms are used that make understanding easier. Neither is legally defined, but both are common.
- Internal commission (Innenprovision): the commission is borne by the seller's side. It is agreed in the agency contract between seller and agent. For the buyer's side the property then often appears as "commission-free".
- External commission (Außenprovision): the commission is borne by the buyer's side. In the listing it is often expressly stated as a buyer's commission (Käuferprovision) or courtage.
A pure external commission that burdens the buyer beyond half and fully relieves the seller is no longer permissible for flats and single-family houses sold to consumers since 2020. What is common today is either a pure internal commission or a half-and-half split between both sides.
When a pure buyer's commission is still permissible
The limit of §§ 656c and 656d BGB applies only to the sale of flats and single-family houses to a consumer. Outside this scope the protective rules do not apply.
In the following cases a pure buyer's commission remains legally possible:
- Multi-family houses and larger investment properties that do not count as a single-family house.
- Undeveloped plots and building land.
- Commercial properties such as office, retail or logistics space.
- Cases in which the buyer's side is not a consumer, for example a company or a person acting commercially.
In these constellations the distribution of the agent costs is agreed individually between the parties. The general rules of agency law apply, but not the special restrictions of §§ 656c and 656d BGB.
What buyers should watch out for
If you come across an offer stating that the seller pays no commission, first check two points: is it a flat or a single-family house, and are you as the buyer a consumer? If both apply, the legal protective rules take effect.
- Have the amount of the commission and its distribution set out for you in writing and transparently.
- The agency contract requires text form, for example by email. Without a valid contract no obligation to pay commission arises.
- In the protected area your share may not exceed that of the seller. A higher burden would be invalid.
- You only have to pay your share once the seller has paid its share and proven this. Demand this proof.
- As a consumer you are generally entitled to a right of withdrawal of 14 days in the case of an agency contract concluded by distance selling.
If the commission is demanded from you alone, even though it concerns a single-family house or a flat, you should ask questions and examine the agreement carefully.
Fair and transparent agency practice
Reputable commission practice is marked by the distribution of the costs being disclosed from the outset and staying within the legal framework. Buyers should be able to understand what they are paying for and what service lies behind it.
At Richter Immobilien-Transaktionen we attach importance to a fair, transparent and law-compliant handling of the commission. Through a network grown over decades with more than 20,000 contacts, we bring owners and suitable prospects together, in Düsseldorf and throughout North Rhine-Westphalia.
If you are unsure how the commission is to be distributed in your specific case, a clarifying conversation helps. This way you avoid surprises and make your purchase decision on a reliable basis.
