Broker commission, who pays?

There is no legal regulation regarding the amount of the broker's commission. Depending on the federal state, however, there are "customary" practices. In case of doubt, the broker can then also charge 3.2258% from the seller and 8.3357% from the buyer ;)

There is no legal regulation regarding the amount of the broker's commission. Depending on the federal state, there are "customary" practices. In case of doubt, the broker can then also demand 3.2258% from the seller and 8.3357% from the buyer ;)

Yes, you are right :)

Isn't there the 50:50 rule?

the buyer could also simply tell the seller that he will not pay the commission and accordingly a lower purchase price results. In a poor sales situation, the seller will already accommodate or end up stuck with that part...

Isn't there the 50:50 rule?

I always only see the typical 3.57% or even 4.76% commission for the buyer here. But given the tense situation, brokers can almost get away with anything. Regards Michael

With us, usually both pay this 3.57%, unless one has a good negotiating position

There is no legal regulation regarding the amount of the broker's commission. Depending on the federal state, however, there are "customary" practices. In case of doubt, the broker can then also charge 3.2258% from the seller and 8.3357% from the buyer ;)

Yes, you are right :)

No, in case of doubt the broker is not allowed to do that. That would possibly be a breach of fiduciary duty double agency which, according to § 654 of the Building Code, can lead to the forfeiture of the broker's fee. Double agency is possible under certain circumstances, but these are always accompanied by the broker being obliged to inform both parties about his dual role. In case of doubt, therefore, he is not allowed to "demand" a broker's fee from both sides.

;)