Finance
Maklergebühr
Real estate agent commission, usually 5.95% to 7.14% in total incl. VAT
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The Maklergebühr, or real estate agent commission, is a significant closing cost component in German property transactions. Since the 2020 legislation on commission sharing for apartments and single-family houses, understanding the current rules and how to manage this cost is essential for investors planning their acquisition expenses.
The 2020 Commission-Sharing Law (Maklergesetz)
On December 23, 2020, Germany's new rules on broker commissions (§§ 656a to 656d BGB) changed how agent commissions are structured for sales of apartments and single-family houses to consumers. If the seller engages the agent, the buyer can be made to pay at most the same amount as the seller, and the buyer's portion only becomes due once the seller has paid their share and proven it. This legislation applies only to apartments and single-family houses bought by consumers; commercial transactions remain unregulated in this regard.
- If the seller hires the agent, the buyer pays at most half of the commission
- The seller must pay their commission share first; the buyer's obligation only becomes due after the seller has paid and proven it
- If the buyer hires the agent independently, the buyer pays the commission and can pass at most half to the seller
- If the agent works for both parties (Doppeltätigkeit), each party pays the same amount (§ 656c BGB)
- The law applies only to residential properties (Wohnungen and Einfamilienhäuser), not commercial real estate
- Commission agreements must be in text form (Textform, § 656a BGB); verbal agreements are not valid
Regional Variations in Maklergebühr Rates
The 2020 law caps the buyer's share but does not set a rate. Total commission (buyer and seller combined) usually lies between 5.95% and 7.14% including VAT, depending on local market practice.
- Total commission usually 5.95% to 7.14% including VAT
- Buyer's share for apartments and single-family houses: at most half, so up to 3.57%
Strategies to Reduce or Avoid Maklergebühr
For cost-conscious investors, reducing or eliminating the Maklergebühr can significantly improve the financial metrics of a property acquisition. While agents provide valuable services in market knowledge, property access, and transaction facilitation, the commission represents a substantial sum that is worth minimizing where possible. Several legitimate strategies exist for investors to manage this cost.
- Search for provisionsfrei (commission-free) listings from private sellers or direct developer sales
- Build relationships with property management companies and building associations (WEG)
- For portfolio purchases, negotiate volume discounts on commission rates
- Network at local real estate investor meetups for off-market deals
- Consider foreclosure auctions (Zwangsversteigerungen) where no agent commission applies
Frequently Asked Questions
Is the Maklergebühr tax-deductible for investment properties?
Yes. For investment properties, the Maklergebühr paid by the buyer is treated as an acquisition cost (Anschaffungsnebenkosten). Only the part attributable to the building is depreciated through annual AfA; the land share is not depreciable. The AfA rate for residential buildings is 2.5% for buildings completed before 1925, 2% for 1925 to 2022 and 3% from 2023. For a buyer paying €12,000 in commission with a 70% building share, €8,400 is depreciated, which at a 42% marginal tax rate saves about €3,528 over the depreciation period.
Does the commission-sharing law apply to commercial properties?
No. The 2020 commission-sharing requirement applies only to apartments and single-family homes purchased by consumers. Commercial properties, mixed-use buildings (Geschäftshäuser), multi-family investment properties sold as a package, and share deals (Anteilskauf) are not subject to the commission-sharing rule. For these transaction types, the commission structure is freely negotiable between the parties.
Can I negotiate the Maklergebühr rate in Germany?
Commission rates in Germany follow regional conventions, but they are not legally fixed and are negotiable. In practice, negotiation success depends on market conditions, property value, and agent competition. Portfolio transactions or a buyer's market can give you more room for negotiation.