Brokerage is shared nationwide
Uniform regulation expected from 2021
In Berlin, Brandenburg, Bremen, Hamburg, Hesse and in some regions of Lower Saxony, the buyer currently has to pay the entire brokerage commission. Including VAT, this amounts to up to 7.14 percent. In all other federal states, the fee is theoretically divided; in many places, however, it is still a matter of negotiation who pays how much.
Proof of payment required
In order to ensure that the 50/50 rule is complied with, the seller or broker should prove to the buyer that the first half has been paid. This could happen, for example, through bank statements or transfer receipts. Only then will the buyer have to pay his share. Experts now fear that brokers bear the risk of default if the first agent goes bankrupt or dies before the other has received payment. For this special case, there is as yet no official regulation.