Should the broker's commission not be included in the purchase contract?

Hello,

we want to buy a house and the realtor suggested not to include the brokerage fee in the contract, as otherwise the notary fees would increase (due to the higher total costs).

Instead, we are supposed to sign the following declaration:

The purchase contract for the single-family house XXX, between the seller XXX

and the buyers XXX

before the notary XXX with the office located in XXX was concluded through the mediation of the real estate agency XXX.


The buyer has to pay a brokerage fee of 3.57% of the purchase price (€ 250,000.00) including VAT amounting to € 8,925.00. This agreement is considered a valid contract for the benefit of third parties according to § 328 para. 1 of the Building Code. This obligation also applies in the case of exercising a legal or contractual right of first refusal. Accordingly, a person entitled to a right of first refusal must also fulfill the brokerage fee obligation.

Is this common and acceptable?

Regards,
Volkmann

It is common that the broker's claim is not included in the notary's purchase contract and indeed saves notary costs as already described.

However, the assessment of the last two lines becomes difficult from the first period after "zahlen." You do want to pay the 8,925 euros, don't you? ;-) In any case, I would add that the brokerage contract, or the remuneration in the stated amount, only becomes due once the purchase contract for the property has been legally concluded und the transfer of ownership has been irrevocably completed in the land register.

That you want to pay the 8925 euros is out of the question, right? ;-)

Want? Must! :-D

Yes, I had also thought about something like that regarding the due date, etc.