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, the typical buyer share for covered transactions is approximately 2.975% to 3.57% of the purchase price (including VAT); the legal cap is half of the total commission.

What Happens If the Makler Tries to Charge More?

The half-sharing rules limit what a buyer can be required to pay in a covered transaction. If a proposed agreement asks the buyer to pay more than the legally permitted share, have it corrected before signing or paying rather than assuming the buyer must accept the excess.

The practical rule is simple: do not agree to pay more than the permitted share; have the wording corrected before signing.

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 buyer commission is owed on a provisionsfrei listing — the seller may still use a Makler, so confirm the commission terms in writing

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