Broker commission: when do you really have to pay it?
A broker demands a commission from you for arranging an apartment rental or a house purchase? Clear rules apply here, and often you do not have to pay (alone) at all. It is worth checking who commissioned the broker.
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Check / reclaim the commission →Your chances of getting your money back
What you should do now
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1. Who placed the order?
Decisive for renting: did you commission the broker or did the landlord? If the landlord ordered, you may not be charged.
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2. Question the commission in writing
Demand the basis of the commission claim. You can reject blanket or impermissible demands.
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3. Purchase: check the split
For a purchase, the seller must usually bear at least half. A complete shifting onto you is mostly invalid.
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4. Reclaim what was paid unjustly
If you paid an impermissible commission, reclaim it in writing.
Frequently asked questions
Do I have to pay a broker commission as a tenant?
As a rule not. The ordering-party principle applies: whoever commissions the broker pays. Since the landlord usually engages the broker, they bear the commission. Only in narrow exceptions may the broker demand a commission from the tenant.
How is the commission split for a house purchase?
Since 2020, for the purchase of apartments/single-family homes by consumers, a split generally applies: if one side commissions the broker, it must bear at least half of the commission (§ 656c BGB). A complete shifting onto the buyer is usually invalid.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.