Brokerage commission: Court ruling causes headlines and confusion!

Brokerage commission: Court ruling causes headlines and confusion!

On October 28, 2025, new legal requirements will be pointed out in the area of ​​real estate brokerage. According to a report by Living happiness Anyone interested in a property should send an inquiry via email to the provider with their full contact details, including telephone number. The broker's commission is 3.57% including 19% VAT of the purchase price. This commission is due upon conclusion of the purchase contract and must be paid immediately to the brokerage company RE/MAX, which has a direct claim to payment from the buyer in accordance with Section 328 of the German Civil Code (BGB).

The offer is based on information provided by the owner, although no guarantee is given as to its accuracy or completeness. For questions about dispute resolution, there is information in accordance with Article 14 Para. 1 ODR-VO. Further details about the real estate offers can be found on the RE/MAX website, as well as information about careers.

Legal situation and new requirements

A central aspect for the legal situation of brokerage contracts is a ruling by the Stuttgart Regional Court dated November 28, 2022, which was issued by Haufe is reported. In this case, the court found that a brokerage contract subject to commission is not concluded if the consumer simply clicks a button that says “Send.” The plaintiff broker was entrusted with the sale of a single-family home. Despite several viewing appointments and a “confirmation of placement and evidence”, the court ruled in favor of the buyer because the requirements for the broker’s electronic ordering system were not met.

The ruling clarified that a contract acceptance button must be labeled with sufficient clarity to indicate an obligation to pay. “Send” was not enough to meet the legal requirements. This underlines the importance of the text form for brokerage contracts, which has been required since the reform of brokerage law on December 23, 2020 Schilling lawyer explained.

Requirement of text form and fair distribution of costs

According to Section 656a BGB, brokerage contracts for residential real estate must be concluded in text form. Oral agreements are ineffective and the documentation should be permanently legible, be it by email, fax or on paper. If the text form is not adhered to, the contract can be viewed as invalid, which will result in the broker losing his right to commission.

In addition, the half-sharing principle (§ 656c BGB) is introduced in brokerage law, which provides for a fair distribution of costs between buyer and seller. The buyer may bear a maximum of half of the brokerage costs, and the full commission is only possible with the consent of both parties. This contributes to transparency and fairness in the real estate market.

Legal problems can also arise from automated processes on brokers’ websites. The design of confirmation buttons must be clear and unambiguous to avoid misunderstandings, which is further supported by recent court decisions.