Apartment sale - agent search order, still commission for the seller?

I would clearly tell them that you of course won't pay a cent.

Among other things, I have done that. Afterwards, the statement came that according to the law, the seller must bear half in any case. However, the sales price would be increased accordingly, so that after the commission I would be back at my offered price. The question is... are the brokers just greedier than expected or where does it say that? By the way, the federal state is Berlin, in case that is relevant.

I would hang up on principle the moment the other party reveals themselves as a broker.

A few are indeed so brazen and only ask questions about the apartment and reveal themselves as brokers at the end of a phone call. They were, of course, immediately out. I really wonder who this method works on.

I would only deal with it if the first three interested parties were duds.

Yes, if it involves increased effort, definitely. But if it had been as I thought, meaning that there are indeed buyers with a search order and I don’t have to pay a commission, then it could have been handled on the side.

They really do work for their money.

I am not saying that they shouldn’t get any money at all. But here it is about almost 50,000 euros in broker commission and that is simply outrageous. Especially in Berlin, prices have risen extremely in recent years. Brokers had it rather easier to sell apartments to men or women, while the commission has increased.

The problem is the price determination; the broker can better estimate what is max achievable. The buyers should commission the notary themselves, then you get rid of those who are not solvent.

I even briefly considered putting myself through that and listened to a few brokers. The estimates differed by 225,000 euros! After that, I was as wise as before and decided to tackle it myself. And the decision has been very good so far... even though it took work to create decent photos and write an appealing text.

Google "Gesetz über die Verteilung von Maklerkosten IHK Wiesbaden", there you will find a list of who has to pay what in which situation. The law was changed last year and is now regulated uniformly nationwide.

We are currently selling our condominium - without an agent.
Right after the ad was published, of course, a flood of agents got in touch. [...] The second half has a search request.

You probably failed to explicitly state in the ad that it is sold exclusively to private individuals and agent inquiries are not welcome. New laws sometimes have incredible design flaws - still, I cannot quite imagine that someone should have to share costs if a contract partner is too lazy to search themselves. If I were you, I would add the above-mentioned note to the ad. "Serious interested parties contact us exclusively directly. The involvement of intermediaries is explicitly against our interest and under no circumstances at shared cost."

Just google "Gesetz über die Verteilung von Maklerkosten IHK Wiesbaden," you’ll find a list of who has to pay what in which situation.
The law was changed last year; it is now regulated uniformly across the country.

Perfect, that’s exactly what I was looking for. It clearly states there that if the buyer places a search order, only the buyer pays. So there is indeed something shady about what they are proposing to me.

You probably forgot to explicitly write in the listing that the sale is exclusively to private buyers and that broker inquiries are unwanted. New laws sometimes have unbelievable loopholes – nevertheless, I can hardly imagine that someone should have to co-pay if a contractual partner is too lazy to search themselves. If I were you, I would add the above-mentioned note to the listing. "Serious interested parties contact us exclusively directly. Involving intermediaries would be explicitly against our interest and definitely not on shared costs."

I wouldn’t mind brokers contacting me on the basis of a buyer’s commission within the scope of a search order. But in this profession, there really seem to be more bad apples than reputable brokers.

Hello, may I (gladly private) know the details/ your ideas about the apartment.

I am also from Berlin.

Regards!

Then came the statement that according to the law, the seller must bear half the costs in any case.

let's take the legal text (of the Building Code) as a primary source

Subtitle 4
Mediation of purchase contracts for apartments and single-family houses
...
§ 656c Claim to remuneration for activity on behalf of both parties
(1) If the broker is promised a brokerage fee by both parties to the purchase contract for an apartment or a single-family house, this can only occur in such a way that the parties commit to equal amounts. ...
§ 656d Agreements on brokerage fees
(1) If only one party to the purchase contract for an apartment or single-family house has concluded a brokerage contract, an agreement obliging the other party to pay or reimburse the brokerage fee is only effective if the party who concluded the brokerage contract remains obliged to pay the brokerage fee at least to an equal amount. The claim against the other party becomes due only when the party who concluded the brokerage contract has fulfilled their obligation to pay the brokerage fee and they or the broker provide proof thereof.

so you, for example as a seller, cannot commission a broker and agree with them that they will charge the buyer their (entire) commission

however, anyone, whether buyer (via a search order) or seller, can commission a broker at THEIR OWN expense!

PS:
I suspect the "search order" consists of the "client" having looked at a similar house within a 30 km radius three months ago ... thus being one of 500 POTENTIAL interested parties in the broker’s database ... and the broker urgently needs houses/apartments for sale to offer to their inactive contacts ...