Real estate agent commission 2026: Who pays how much & how can it be saved?

What is the real estate agent’s commission?

The real estate agent’s commission (also known as the agent’s fee or agent’s wage) is the payment a real estate agent receives for successfully identifying or facilitating a purchase contract. Since December 23, 2020, Germany has had new real estate agent laws: for private residential properties, buyers and sellers generally split the commission equally.

Real estate agent commission 2026: Overview by federal state

The total commission varies by region. Since the legal reform, buyers pay a maximum of half of the total commission:

State	Total commission (incl. VAT)	Buyer share (max.)	Seller share
Bavaria	7.14 %	3.57 %	3.57 %
Baden-Württemberg	7.14 %	3.57 %	3.57 %
Hesse	5.95 %	2.975 %	2.975 %
NW	7.14 %	3.57 %	3.57 %
Berlin	7.14 %	3.57 %	3.57 %
Hamburg	6.25 %	3.125 %	3.125 %
Brandenburg	7.14 %	3.57 %	3.57 %
Saxony	7.14 %	3.57 %	3.57 %
Thuringia	7.14 %	3.57 %	3.57 %
Lower Saxony	7.14 %	3.57 %	3.57 %
Rhine Palatinate	7.14 %	3.57 %	3.57 %
Schleswig-Holstein	7.14 %	3.57 %	3.57 %

Calculation example: Purchase price 500,000 € in Bavaria → Total commission 35,700 € → Buyer pays 17,850 €, seller pays 17,850 €.

What does the real estate agent law regulate since 2020?

The new real estate agent law (§§ 656a–656d BGB) applies exclusively to the purchase of single-family homes and apartments by consumers. Key points:

• Half-split principle: If the seller engages the real estate agent, both parties pay a maximum of 50 % of the commission each.
• Engager principle variant: If only the buyer engages the real estate agent, he alone bears the full commission.
• Written form: The real estate agent contract must be concluded in written form (email is sufficient).
• Duty to prove: The buyer must prove payment of the seller’s commission before his own becomes due.

When is no commission due?

There are legal ways to completely avoid the real estate agent commission:

• Private sale: The seller advertises himself on ImmoScout24, Immowelt, eBay Kleinanzeigen — no commission.
• Off-market purchase: Direct contact with the owner via networks, social media or mail campaigns.
• Agent-free new construction projects: Many builders sell directly without commission.
• Forced auctions: No agent, no commission claim.

Negotiating commission: What is realistic?

The legal regulation does not specify a minimum commission. In practice:

• On a buyer’s market (many offers, low demand) negotiation is possible.
• On a seller’s market (Berlin, Munich, Frankfurt) there is little room for negotiation.
• For high-priced properties (from 1 million €) a discount of 0.5–1 % is realistic.
• Show genuine purchase interest before negotiating — agents only give in to real interested parties.

Deducting commission for tax purposes

As an investor (rented-out property) you can take the agent’s commission into account in your tax return:

• Acquisition costs: Commission increases the basis for depreciation (AfA).
• Deductible directly: NOT possible for personal use.
• Calculation example: 500,000 € purchase price + 17,850 € commission = 517,850 € basis for depreciation (2 % = 10,357 €/year).

Real Estate Agent Commission for Commercial Properties and Rental Units

The new half-split law does NOT apply to:

• Commercial properties (offices, shops, halls)
• Rental apartments (here applies the principle of the one who orders pays)
• Land without a building
• Multi-family houses (from 3 residential units)

Since 2015, landlords may no longer pass on the commission to the tenant for rental apartments.

What to look out for in the real estate agent contract?

Check before signing the contract:

• Exclusive mandate vs. Joint mandate: An exclusive mandate restricts your own sales activities.
• Duration: Agree on a maximum of 3–6 months, no automatic extension.
• Success commission vs. Expense lump sum: Only accept success commission.
• Right of withdrawal: 14 days right of withdrawal for distance contracts.