BGH ruling: Violation of the principle of equal division in brokerage fees for single-family homes

Judgment of 6 March 2025 – I ZR 32/24

BGH ruling on brokerage law: Invalidity of a commission claim in the case of unequal brokerage fees

The First Civil Senate of the Federal Court of Justice, which is responsible for brokerage law, ruled in its judgment of 6 March 2025 (Az. I ZR 32/24) that a brokerage commission is ineffective if it was not agreed in the same amount by both the seller and the buyer - if the latter is acting as a consumer. This follows from the § 656c para. 1 BGB principle of equal division.

facts

A real estate agent had entered into a brokerage agreement with the buyers of a single-family home. The property, consisting of a residential building with an office extension and a garage, had previously been given to her by the seller's wife for brokerage. While a different commission arrangement was made for the seller, the buyers were to pay a higher brokerage commission.

process

The Düsseldorf Regional Court dismissed the broker's claim for payment of the commission. The Higher Regional Court of Düsseldorf confirmed the decision, since the brokerage contract was against § 656c BGB and was therefore void. With her appeal before the Federal Court of Justice, the broker continued to pursue her claim for payment - but without success.

decision of the Federal Court of Justice

The Federal Court of Justice confirmed the invalidity of the commission agreement. Since the broker had not demanded an equal amount of commission from both parties to the purchase agreement, the contract violated § 656c Paragraph 1 Sentence 1 BGB and was therefore in accordance with § 656c Paragraph 2 Sentence 1 BGB void.

The court also clarified that the rules on the principle of equal division also apply if the broker is not commissioned directly by the seller, but by a third party - in this case the seller's wife. This serves to protect consumers, as buyers must not be disadvantaged by unequal commission agreements.

significance of the decision

With this ruling, the Federal Court of Justice strengthens the rights of consumers in real estate purchases and makes it clear that brokers cannot evade the obligation to distribute commissions equally by using circumvention structures.