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Selling guide
Agent's commission in Berlin: who pays what?
When a flat or a detached house is sold to a private individual, the buyer and seller share the agent's commission (§ 656c, § 656d BGB, German Civil Code). In Berlin it is usually 7.14 per cent of the purchase price including VAT, split into two equal halves of 3.57 per cent each; for a purchase price of €500,000, that is €17,850 per side.
Since 23 December 2020, nobody may make the buyer pay the entire commission alone. This applies when flats and single-family houses are sold to private individuals.
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50% The other side may not bear more than half if only one party instructed the agent § 656d BGB (German Civil Code)
3.57% per side including VAT, the usual level in Berlin Market practice, not a legal requirement
Text form The agency agreement must exist in black and white, for example as an email. A verbal agreement is not valid § 656a BGB (German Civil Code), since 23 December 2020
Calculator for sellers
What remains of the purchase price
The calculator deducts your share of the agent's commission from the purchase price, along with any outstanding balance that is paid off on the sale and other selling costs.
Your details
Please enter the purchase price. The outstanding balance and other costs are optional. The calculation runs in your browser and is not saved. Your entries only reach us if you have the result sent to you as a PDF.
Net proceeds from the sale
You keep aroundYou are short by around €
| Item | Amount |
|---|---|
| Purchase price | € |
| less seller's commission (%) | € |
| for information: buyer's commission (same amount, paid by the buyer) | € |
| less outstanding balance | € |
| less other costs | € |
| Net proceeds | € |
Equal split of the commission. For a flat or detached house with a private buyer, both sides share the commission. If the agent works for both, both pay the same amount (§ 656c BGB, German Civil Code). If only you engaged the agent, the buyer's share must not be higher than yours. The buyer then only pays their share once you have proved that you have paid yours (§ 656d BGB).
Freely agreed. For multi-family buildings, plots and commercial properties, the equal split of the commission does not apply, nor does it apply if the buyer is buying as a business. The client and the agent set the amount and the split of the commission in the agency agreement, before marketing begins and in black and white. The calculator only deducts your share.
Deductions exceed the purchase price. The outstanding balance and costs are higher than the amount left from the purchase price after the commission. You would have to cover the difference from other funds.
The result depends above all on the purchase price. A market value assessment shows what your property in Berlin can achieve.
Your result will appear here.As soon as you enter a sale price, the calculator works it out live. Remaining loan and costs are optional.
Non-binding example calculation, not tax or legal advice. It does not take into account tax on a possible gain from the sale (see ten-year holding period for property) or a possible prepayment penalty if you repay a loan before the end of the fixed-rate period (see prepayment penalty when selling).
What changed in 2020
In the past, it was common in many places for the buyer to pay the entire commission, even though the seller had brought in the agent. The legislator considered this unfair. Whoever chose the agent and told them what to do paid nothing. Whoever paid had no say.
Since 23 December 2020, the rules have been set out in §§ 656a to 656d BGB (German Civil Code). The basic idea: if both sides benefit, both sides share the costs.
Which properties the rules apply to
The rules apply to the purchase of single-family houses and flats, and only if the buyer is a consumer. Consumer means a private individual who is not buying for professional or business purposes. They do not apply to multi-family buildings, plots, commercial properties or buyers acting as businesses. There, the client and the agent set the amount and the split in the agency agreement, before marketing begins and in black and white.
This limitation is often overlooked. If you buy an apartment building (Zinshaus), you cannot rely on the equal split. Conversely, with a flat (Eigentumswohnung) it does not matter whether you want to live in it yourself or let it. As long as you buy privately, you are protected.
The three rules in detail
- The agreement must exist in black and white, § 656a BGB. The law calls this text form. It means legible and durable, so an email or a letter. No signature is needed. What is not enough: an agreement on the phone, a handshake or a nod at the viewing.
- If the agent works for both sides, both pay the same, § 656c BGB. If the agent is paid by both buyer and seller, the amount must be the same on both sides. If the agent does not comply, they receive nothing from either party.
- Passing on only half, § 656d BGB. If only one side engaged the agent, it may pass on at most half of its commission to the other side. And the other side only pays once the client has proved that they have paid their share.
The last rule is your strongest lever as a buyer. You only pay once the seller presents their proof. Ask for it before you transfer any money. Nobody will offer it to you unprompted.
What this means in practice in Berlin
In Berlin, the commission today is usually 7.14% of the purchase price, including VAT, split into two equal halves of 3.57% each. This figure is not in any law; it has become established on the market. The client and the agent record the amount in black and white before marketing begins. When a flat or single-family house is sold to a private individual, the commission is split (§ 656c, § 656d BGB).
With a purchase price of €500,000, that comes to €17,850 per side. What else is added is covered in the article on purchase costs in Berlin. Where your purchase price realistically lies is shown by a property valuation in Berlin; with us it is free of charge.
A formal pitfall that can prove expensive
The text form under § 656a BGB is often underestimated. If the commission notice only appears in an email signature, i.e. below the ‘Kind regards’, case law says this is not automatically enough. It must be clear that someone is making a declaration here, and who that is.
For agents, this means the notice belongs in the body of the text, not at the end after the sign-off. For buyers and sellers, it means that if the form is wrong, there is no commission.
We work with written agency agreements and state the commission in the body of the contract, not in a footer. This is not a formality for its own sake. Without it, the agreement would be worthless.
When commission is actually earned
However it is split, three things must come together. There must be an agency agreement. The agent must have identified the property or brokered the purchase. And a purchase contract must result from this. If the purchase falls through, there is no commission, not even after fifty viewings.
There are two further cases without commission. The agent is economically part of the seller, for example because both belong to the same company. Or the agent has breached their duties towards the client. Both are rare, but they do happen.
What is your property worth? Anyone selling wants to know what is left at the end. That starts with the value: we assess what your property is worth, free of charge. Start your free valuation
Legal disclaimer. This article reflects the position as of 29 July 2026 and is intended as initial guidance. It does not replace legal or tax advice in individual cases. As estate agents, we may not and do not wish to provide legal advice. For binding information, please consult a lawyer or a tax adviser.
Sources
- § 656a German Civil Code (BGB), text form of the agency agreement
- § 656c BGB (German Civil Code), entitlement to commission when acting for both parties
- § 656d BGB (German Civil Code), agreements on the agent's costs
- § 652 BGB (German Civil Code), when the entitlement to commission arises
- Act on the Distribution of Agency Costs in the Brokerage of Purchase Contracts for Flats and Single-Family Houses, in force since 23 December 2020
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Frequently asked questions
Equal split of the commission: frequently asked questions.
Answers as of 29 July 2026
How much do I keep as the seller after the agent's commission?
For a flat or detached house with a private buyer, in Berlin you usually pay 3.57% of the purchase price including VAT, and the buyer pays the same. With a purchase price of €500,000, that is €17,850. Before the outstanding balance and other costs, you keep €482,150. The net proceeds calculator on this page works this out with your own figures.
Does the equal split of the commission also apply when buying a multi-family building?
No. §§ 656a to 656d BGB (German Civil Code) apply to single-family houses and flats, and only if the buyer is a private individual. For multi-family buildings, plots and commercial properties, the client and the agent set the amount and the split in the agency agreement, before marketing begins and in black and white.
When do I as a buyer have to pay my share of the commission?
Only once the client, as a rule the seller, has provided proof of paying their share. That is what the law says. Ask for the proof before you transfer any money.
Does an agency agreement have to be in writing?
For single-family houses and flats, it must exist in black and white. An email is enough; you do not have to sign it. A verbal agreement on the phone is not enough.
Is the amount of commission set by law?
No. The law only governs the split between buyer and seller and the form of the agreement. The amount itself is negotiable. In Berlin, 7.14% in total including VAT is currently customary, i.e. 3.57% per side.
How much is the agent's commission in Berlin?
In Berlin it is usually 7.14 per cent of the purchase price including VAT today, split into two equal halves of 3.57 per cent each. This figure is not set by any law; it has become established on the market. With a purchase price of €500,000, that comes to €17,850 per side.
Who pays the agent's commission on a sale, the buyer or the seller?
When a flat or a detached house is sold to a private individual, the buyer and seller share the commission (§ 656c, § 656d BGB). The split does not apply to multi-family buildings, plots, commercial properties or buyers acting as a business. There, the client and the agent set the amount and the split in the brokerage contract before marketing begins.
Is a lower agent's commission always better?
What counts for your proceeds is what remains of the purchase price after all costs have been deducted. With the calculator further up this page, you can see how the purchase price and the commission share affect your net proceeds.
What is the maximum commission an agent may charge?
For purchases the law sets no fixed upper limit. The limit comes from Section 138 BGB: a commission grossly out of proportion to the service can be contrary to public policy and therefore void. For flats and single-family houses, a private buyer also never pays more than the seller (Sections 656c and 656d BGB), and the brokerage contract must be in text form (Section 656a BGB).
What does an agent cost for a rented flat in Berlin?
For tenants, usually nothing. Since 1 June 2015 the 'whoever orders pays' principle has applied to lettings (Section 2(1a) Housing Brokerage Act): tenants only pay if the agent obtained the flat from the landlord solely because of their search mandate and the contract is in text form. Even then, at most two months' rent excluding separately billed service charges plus VAT is allowed (Section 3 (2)).
Does the split of the commission also apply in Brandenburg?
Yes. The split under Sections 656c and 656d BGB is federal law and applies in Brandenburg just as in Berlin. No federal state sets the level of commission by law. In Brandenburg, too, a total of 7.14 per cent including VAT is common, so 3.57 per cent per side. What else comes on top when buying is shown in the guide Purchase costs in Berlin.
Transparent from the start
We set out the commission and the scope of our services in writing before you engage us.