The brokerage is not called even Realtor commission or brokerage fees.
Payment is made upon successful placement.
When calculating the amount of the commission is a distinction between the provision of homes for sale and homes for rent.
A statutory regulation regarding the amount of the agency fee upon successful placement of a property for sale is not. Usually, the amount of commission between 3% and 7% of the purchase price, which in turn results from the location of the property and its condition. It should be noted that these percentage amounts still the VAT in the amount of 19% (as of January 2013) is added.
The commission for the successful brokerage of a flat for rent, which means the conclusion of a lease, a maximum of two Nettomonatsmieten exclude VAT. Exceeding this amount is not allowed.
In general, the agency fee is due at the moment when a successful conclusion is (lease / purchase agreement) concluded.
With the maturity of the broker’s commission that mediation must have actually performed by the broker to a successful completion of the sale / rental of the Tenancy is noted (§ 652 para. 1 BGB). If this is not the case, such as if the new property owner is already known before the offer through the estate agent, the property, the subsequent contract is not due to the activity of estate agent. But already alone through an inspection and establishing contact between seller and buyer acquires the intermediary is entitled to receive his commission.
The ordering principle was implemented as part of the Tenancy Act amendment (MietNovG) , which was decided by the Cabinet on 1 October 2014 and approved by the Bundesrat on 27 March, 2015. The law came after his kind. 4 mainly on 1 June 2015. in force. The term ordering principle is understood that flat intermediaries are paid by those who order the performance of the agent. Landlords and tenants should be able to continue to deal as principal. Here, the market-based principle: who ordered the pay.