Is a broker commission payable if the intention to purchase was known beforehand?

Yes, you did receive something from the broker. A broker contract...

A broker does not necessarily have to work more, because brokers in Germany are basically always intermediaries. The broker only needs to establish contact between the seller and the buyer to earn their commission. That is why they are out of the picture (with their commission) if the buyer already has prior knowledge about the property sale.

We only had contact with the seller. A family friend who had inherited grandma’s little house and lives in the Netherlands. He had commissioned the broker for the valuation. We only picked up the key at the office.

We only had contact with the seller. A family friend who had inherited grandma's little house and lives in the Netherlands. He had commissioned the real estate agent for the valuation. We only picked up the key at the office.

... and why did you pay a commission? That was - sorry - quite stupid. If you knew about the sale, the agent’s claim = €0 (you have to tell the agent that). If you didn’t have a contract with the agent, the agent’s claim = €0. Honestly? If the purchase was not too long ago, I would still be at the lawyer today.

... and why did you pay a commission? That was - sorry - pretty stupid. If you were aware of the sale, the broker’s claim = €0 (you have to tell the broker that). If you had no contract with the broker, the broker’s claim = €0. Honestly? If the purchase was not too long ago, I would still see a lawyer today.

We were with a lawyer back then. Unfortunately, there was nothing to be done. It was related to the contractual agreements between the broker and the seller. I have suppressed the details because otherwise I would get too angry. €8000 for handing over the keys – that can still cause nausea even after years. One could have tried to sue, but the prospects were not good. And since the broker was from the local Volksbank, through which the loan was also processed, we spared ourselves the drama. Just a warning that you should try to get insight into the contract.

however, the seller wants to commission a real estate agent for a market-appropriate price for the purpose of valuation.

Contractual agreements between agent and seller to be made.

I also think that the seller has to communicate something like that. And if not, then you may have to discuss with the seller and come to an agreement.

Just as a side note: valuation by the agent is to be viewed critically. The agent wants to get the assignment, so he tends to estimate higher. An appraiser would probably be more neutral

I see it differently: many private sellers did not get rid of their house (before Corona for example) because they either named utopian prices or – very dangerous – listed with a sale price just above a limit, e.g. €519,000 or €415,000, instead of taking €499,000 or €398,000.

LOL - The seller and the broker agree on something for you without asking you. I think that's great. I will write to someone here in the forum and we will then agree that you have to pay us money. And your lawyer will tell you: Sure, you have to pay.

Seriously. Either there is more behind this (which you are not telling) or you have been mistaken about the lawyer. The issues have always been clearly regulated. For broker commission (paid by you), the broker needs a contract with YOU (!!!). No contract, no money. That's always how it is in life.

Just a warning that one should try to get insight into the contract.

No, total nonsense. The contract between the seller and the broker is totally irrelevant to you as the buyer. YOU enter into a contract with the seller. This contract needs to be looked at.

P.S. By the way, the broker contract is even anchored in the Building Code. Since 2020, the written form (also with the buyer) is even legally mandatory. Just saying.

Nice that you find it funny. I can only write about how it went for us. The seller informed us back then that he had the house appraised by a real estate agent who was also contractually designated as the intermediary. The bank had posted the "Exposé" with photo and price in the branch. We would have basically had to prove that we had not seen the Exposé. Since we had picked up the key from the agent, this was considered a contract conclusion. If we had made a fuss, we would not have gotten the house or the bank, which was also our house bank, could have denied us the loan, etc.