Close with a different selling price than discussed with the broker?

hi,

here is an example:
House advertised for €350,000 by the real estate agent
People say, yeah that fits.
The seller says, €330,000 is also okay.

Is it allowed to buy the house at this price? The buyer orders a notary and writes €330,000 in the purchase contract (of course with the seller's consent)
Does the agent still receive the commission of €350,000?

May you then buy the house at this price?

A house purchase takes place before the notary between the buyer and the seller. These are the only two parties who must agree on the purchase contract. The real estate agent mediates between the seller and interested parties - that is his task. And for that, he receives a certain percentage of the purchase price as compensation.
And if you agree on €5 as the purchase price, that is absolutely none of his business because we have freedom of contract.

Does the agent then still receive the commission of €350.00?

No, in the normal case then of €330,000. That’s his bad luck.

If you buy the house as advertised by the realtor for €350,000 & then agree in the purchase contract before the notary on €330,000 for the house & €20,000 for the fitted kitchen & other furniture.

Then the realtor still gets €350,000 because they advertised the house including the furniture - correct?
However, you only have to pay property transfer tax on €330,000. -> Does the notary then forward this amount to the tax office, or where does the tax office get the value for invoicing the property transfer tax?

If you buy the house as advertised by the realtor for €350,000 & then agree in the purchase contract before the notary €330,000 for the house & €20,000 for the fitted kitchen & other furniture.

Then the realtor still gets €350,000 because he advertised the house including furniture - correct?
However, you only have to pay property transfer tax on €330,000. -> Does the notary then forward this amount to the tax office, or where does the tax office get the value for billing the property transfer tax from?

Yes, if the contract states €330,000 + €20,000, then full commission applies. That is why such arrangements are also made outside the notary contract.
(By the way, there is also relevant case law on this.)
And also correct, the property transfer tax is lower. The notary sends the contract, and the purchase price for the property is stated there.

P.S. The bank also only takes the €330,000 as the basis. So it can end up being an expensive own goal if a) you do not get the loan in the required amount or b) you get worse conditions due to a lower lending value ratio.

If you buy the house as advertised by the real estate agent for €350,000 & then agree in the purchase contract before the notary on €330,000 for the house & €20,000 for the fitted kitchen & other furniture.
Then the agent still gets €350,000, because he advertised the house including the furniture - correct?

Up to this point, I would agree, however ...

You only have to pay property transfer tax on €330,000. -> will the notary then forward this amount to the tax office, or where does the tax office get the value for invoicing the property transfer tax from?

... not in part II (the naive part) of the calculation, because the notary will not deceive or assist in deceiving the tax authorities about the connected transaction.

Up to this point, I would agree, however ... ... not with part II (the milkmaid part) of the calculation, because the notary will neither deceive the tax authorities about the connected transaction nor help to deceive them.

In my house sale, the house price and items in the house were also listed separately. The notary explicitly pointed out that the property transfer tax is calculated only on the house price. I didn’t care either, as it didn’t concern me.