Ordering party principle for the brokerage of a rental property

Bestellerprinzip – In order to protect prospective tenants from the additional burden of paying the broker’s commission, the Bestellerprinzip applies. More on back to overview. This means that whoever commissions an estate agent with the procurement of a prospective tenant for a rented flat must pay the agent’s commission. If the broker violates the principle by charging fees for a viewing of a flat, he is acting irregularly and must expect a fine. The only exception is the commissioning of an estate agent by the tenant, which must be given in writing.

Brokerage principle at a glance: Protecting tenants from the brokerage fee

• Landlord as principal must pay the brokerage commission
• Brokers used to be allowed to charge tenants two months’ rent as commission
• Is intended to protect tenants from the additional burden in addition to the tight housing situation
• In case of violation, the broker is punished with a fine
• Exception only if the tenant instructs the broker in writing

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