In Germany, the payment of brokerage fees is governed by statutory regulations and individual agreements in the rental or purchase contract. Here are the most important points you should know:
1. brokerage fee for the tenancy
- Tenant or landlord: As a rule, the estate agent’s commission is often borne by the tenant in the case of tenancies, especially if the tenant has commissioned the estate agent. Since the law regulating estate agent commission (also known as the “Bestellerprinzip”) came into force in 2015, the person who commissions the estate agent must also pay the commission.
- Exceptions: However, there are exceptions. If the landlord has commissioned the estate agent, the landlord may also be obliged to pay the brokerage fee.
2. amount of the brokerage fee
- Maximum amount: The brokerage fee for tenancies is generally limited to a maximum of 2 months’ rent (net, i.e. excluding ancillary costs). For purchase contracts, the brokerage fee can be higher, but is often between 3% and 7% of the purchase price, depending on the region and agreement.
- Net or gross: Pay attention to whether the brokerage fee is stated as a net or gross amount. VAT is often added to the brokerage fee.
3. payment of the brokerage fee
- Due date: The brokerage fee is generally due as soon as the rental agreement or purchase contract is concluded.
- Payment modalities: Payment is usually made directly to the broker and a receipt should be issued.
4. transparent agreement
- Brokerage contract: It is important that a clear agreement is made in advance between the tenant (or buyer) and the broker that regulates the amount of the brokerage fee and the payment modalities.
5 Legal basis
- BGB (German Civil Code): The regulations on brokerage fees are anchored in the German Civil Code, in particular in Sections 652 to 655.
Conclusion
The payment of the brokerage fee depends on who commissioned the broker. In most cases, the tenant pays the brokerage fee if they have commissioned the broker, unless another agreement has been made. It is important to clearly regulate the amount of the brokerage fee and the payment modalities in advance in order to avoid misunderstandings.