Makler Fee in Germany: Who Pays Real Estate Agent Commission?

Before December 2020, buying an apartment in Berlin meant paying the Makler commission in full yourself — up to 7.14% of the purchase price, with the seller paying nothing. A €400,000 flat would cost you an extra €28,560 just for the agent, on top of all the other closing costs. This practice was deeply unpopular and widely considered unfair, since the seller was the one who had engaged the agent.

The law changed. Most expats do not know exactly how it changed or what they now owe. Here is the complete picture.

The 2020 Half-Sharing Reform (§§ 656a–656d BGB)

On December 23, 2020, new sections of the German Civil Code (Bürgerliches Gesetzbuch, BGB) came into force, introducing the Halbteilungsprinzip — the half-sharing principle — for sales of single-family homes (Einfamilienhäuser) and owner-occupied apartments (Eigentumswohnungen) to private buyers.

The rule works as follows:

If the agent acts for both buyer and seller (dual agency): Under § 656c BGB, the commission must be split equally between buyer and seller. Neither party can be made to pay more than 50% of the total fee. If the agreed total commission is 7.14% (including 19% VAT), each party pays 3.57%.

If the agent was hired exclusively by the seller: Under § 656d BGB, the seller can agree to have the buyer reimburse up to 50% of the total commission — but only if the seller paid their half first. The buyer's liability is capped at whatever the seller actually paid.

In practice, this means the maximum a buyer now pays to a German Makler is approximately 2.975% to 3.57% of the purchase price (including VAT), regardless of the total commission rate.

What Happens If the Makler Tries to Charge More?

The Federal Court of Justice (Bundesgerichtshof, BGH) enforces the half-sharing principle strictly. If a commission agreement violates the 50/50 rule — for example, asking the buyer to pay 4% while the seller pays 3% — the entire commission agreement is void. The buyer is entitled to a full refund of anything already paid.

This means that if you receive a contract asking you to pay more than half the total commission, you are not just being overcharged — the agreement is legally unenforceable. Knowing this before you sign is useful.

How Makler Commissions Are Structured in Practice

Total commissions typically range from 5.95% to 7.14% (all inclusive of 19% VAT). The split means buyers typically face:

• Berlin, Hamburg, North Rhine-Westphalia: ~3.57% buyer's share on a total of 7.14%
• Bavaria, Baden-Württemberg: ~3.57% on a total of 7.14% (though some Munich agents charge less)

On a €500,000 purchase price, a 3.57% Makler fee for the buyer equals €17,850. This is real money, and it is not something banks will finance — it must come from your own cash reserves alongside the Grunderwerbsteuer and notary fees.

The full picture of what German property closing costs add up to — including Grunderwerbsteuer, notary fees, land registry charges, and the Makler commission — is laid out in the Buying Property in Germany — Expat Guide.

Does the Law Apply to Every Property?

No. The 2020 reform has important boundaries:

Covered: Single-family homes and owner-occupied apartments sold to private consumers.

Not covered:

• Multi-family apartment buildings (Mehrfamilienhäuser) — investors buying these can still be presented with unequal splits
• Commercial properties
• Land or development plots
• Sales between businesses

If you are buying a standard apartment or house for your own use, you are protected. If you are buying a building with multiple rental units as an investment, the old rules still apply and you could owe the full commission.

Is There a "Buyer's Agent" in Germany?

Barely. The German market operates very differently from the US or UK, where buyers routinely have exclusive agent representation. In Germany, the Makler typically represents the seller's interest in completing the transaction at the highest possible price. Even though you may now share the fee equally, you are usually not getting equal representation for your money.

A small number of specialist brokers market themselves as buyer-only agents (Käufermakler), charging a flat fee to search, evaluate, and negotiate on your behalf. These are rare and predominantly concentrated in major cities. If you find one who genuinely works in your interest, their fee is often worth it — particularly if you do not speak German fluently and need help interpreting property listings and conducting viewings.

Practical Steps for Buyers

Before engaging with any Makler or signing any commission agreement:

1. Confirm whether the agent is acting for the seller only or for both parties
2. Ask for the total commission rate (not just your share) in writing
3. Verify that your share does not exceed 50% of the total
4. Do not pay the commission until after the notarized purchase contract is signed — this is standard practice
5. Remember that no commission is owed on private sales (provisionsfrei) — these are properties sold directly by the owner without a Makler

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