Anyone selling or buying a property will sooner or later come across the term estate agent fees - often also referred to as the agent's commission or, in German, Maklerprovision or Courtage. But how high are they in North Rhine-Westphalia, who bears them since the statutory reform, and when do they actually fall due? We explain the most important connections clearly and intelligibly - and show which services lie behind the commission, so that you can correctly assess the value of good support from an estate agent.
What are estate agent fees - and how high are they in NRW?
Estate agent fees are the remuneration that an estate agent receives for the successful brokerage or introduction of an opportunity to sell. The terms agent's commission and, in German, Maklerprovision or Courtage all mean the same thing. There is no statutory percentage requirement or fixed upper limit for the amount in the case of a sale - the commission is governed by local custom and the agreed service.
In North Rhine-Westphalia, the customary total commission is around 7.14 per cent of the purchase price, including 19 per cent VAT. Since the statutory reform of late 2020, this amount is, as a rule, split when a flat or a single-family house is sold to a consumer, so that roughly 3.57 per cent falls to each side. An example for orientation: at a purchase price of 500,000 euros, the total commission amounts to around 35,700 euros, that is approximately 17,850 euros per party.
What matters is the overall picture: the commission does not stand alone but represents a bundle of services that determines the success of the sale. We explain in detail below what this counter-value consists of.
The statutory split since December 2020
Since 23 December 2020, clear statutory rules have applied to the allocation of estate agent costs when a flat or a single-family house is sold to a consumer. They are found in Sections 656c and 656d of the German Civil Code (Bürgerliches Gesetzbuch, BGB - Germany's central code of private law).
If the agent acts for both sides - that is, for both seller and buyer - then under Section 656c BGB both parties may only undertake to pay in equal amounts. An agreement that circumvents this is invalid. In practice, this leads to the familiar fifty-fifty split.
If at first only one side engages the agent - usually the owner - then Section 656d BGB applies: the other party may then be charged at most an amount equal to that of the principal, that is to say no more than half. In addition, this share only falls due once the original principal has demonstrably paid their own commission. These rules ensure a fair and transparent allocation - and it is precisely within this framework that we work.
When do the estate agent fees fall due?
One of the most important characteristics of the agent's commission is the so-called success principle. Under Section 652 BGB, the claim to the agent's fee arises only if the contract of sale actually comes about as a result of the agent's activity. If no contract comes about, no commission is payable either.
For you as the owner, this means a considerable degree of security: in engaging an agent you take on no financial risk. Only the actual success of the sale triggers payment. The commission usually falls due upon the notarial certification of the contract of sale. The agent therefore performs the valuation, marketing and all preparatory steps in advance - the fee is earned only with the result that counts for you.
The agency agreement requires text form
For an agency agreement on the sale of a flat or a single-family house to be valid, the law has, since the reform, prescribed text form. This is governed by Section 656a BGB.
Text form means that the agreement must be recorded in legible form on a durable medium - this may be a signed letter, but an e-mail also satisfies the requirements. A purely verbal arrangement, by contrast, is not sufficient and gives rise to no claim to commission. This requirement protects both sides, for it ensures clear and verifiable conditions from the very outset. For you as the owner, this means: you know exactly what has been agreed before the cooperation begins.
Estate agent fees in lettings: the principal-pays principle
For the letting of residential accommodation, separate rules apply that differ markedly from those for a sale. Here the so-called principal-pays principle (Bestellerprinzip - the rule that whoever commissions the agent bears the cost) applies under Section 2 of the Housing Brokerage Act (Wohnungsvermittlungsgesetz, WoVermRG - the statute governing the brokerage of rental housing): whoever engages the agent also pays. Since, as a rule, it is the landlord who brings in the agent in order to find a suitable tenant, it is accordingly usually the landlord who bears the commission.
An agent may charge a fee to a person seeking accommodation only if that person has engaged the agent exclusively on the basis of their own search instruction. And even then the amount is capped: under Section 3 of the Housing Brokerage Act, the commission payable by the person seeking accommodation may amount to at most two months' rent - excluding service charges, that is on the basis of the net cold rent - plus VAT. The brokerage agreement in lettings, too, requires text form.
What value the estate agent fees offer
The commission is not an abstract item but represents a multitude of concrete services that determine the success of the sale and the price achieved. The essential tasks include:
- Realistic valuation: a well-founded assessment of the market-appropriate price, which avoids both sales set too quickly and too low as well as inflated expectations that deter prospective buyers.
- Preparation of the documents: the procurement and review of the land register extract, floor plans, living-space calculation and energy performance certificate, so that the sale rests on a sound foundation.
- Professional marketing: a compelling property brochure, high-quality photographs and the targeted approach of suitable prospective buyers - on request also discreetly, away from the large portals.
- Organisation of viewings: the pre-selection of serious prospective buyers and the conduct of the appointments, which saves you time and effort.
- Conduct of negotiations: the negotiation of the best possible price and sustainable terms between the parties.
- Support with the contract: the coordination of the draft contract of sale with the notary's office and support through to certification and handover.
Experienced support can thereby more than pay for itself - for instance through a higher sale price, greater security on legal questions and a noticeable saving of time. This is precisely where the value lies that stands behind the commission.
Your sale in experienced hands - with Richter at your side
The estate agent fees are, in the end, a question of value: what do I receive for my fee - and does it pay off? As an arm of Wolfgang Richter GmbH, we have for more than six decades accompanied owners in the Düsseldorf and North Rhine-Westphalian market. Over the years, an established network of more than 20,000 contacts has grown, which helps us to bring buyers and suitable properties together discreetly and purposefully.
Because we work according to the success principle, we earn our fee only once your sale has been successfully concluded. Until then we work in advance - with valuation, marketing, negotiation and support through to the notarial certification. Transparent, personal and with the aspiration that you understand every step.
Whether you wish to sell or let: do get in touch with us. We take the time for your questions and, together with you, find the path that suits your situation.
