Maklerprovision

Maklerprovision is the fee paid to a real estate broker for mediation or the conclusion of a real estate transaction. It covers services such as finding a buyer or tenant, presenting the property, arranging viewings, negotiating terms, and assisting in drafting contracts.

In Germany, the provision is usually a percentage of the agreed purchase price in sales transactions or a fixed fee in rental transactions. For sales, commissions commonly range from about 3% to 7% of the purchase price plus value-added tax (VAT). For rentals, brokers often charge the equivalent of two to three gross monthly rents plus VAT, though the amounts vary by market and region.

The payment obligation is generally defined in the broker’s contract. In rental housing, the Bestellerprinzip states that the party who orders the broker is responsible for payment; in practice this often means the landlord hires the broker and pays the fee, but there are cases where tenants are charged as well, depending on the contract and local practice.

Regulation and market practice regarding Maklerprovision have evolved to emphasize transparency and fair cost allocation. Some states have introduced guidelines or caps, and EU consumer rules require clear disclosure of costs in certain situations. The specifics—such as who pays and how much—are typically determined by the mediation contract and local regulations.

When engaging a broker, parties should obtain a written agreement that specifies the amount, the basis (purchase price or rent), the scope of services, inclusion of VAT, and payment conditions. Comparing offers and clarifying included services helps prevent disputes about the provision.