Claim for reimbursement of broker's commission
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Reclaiming brokerage commission – when you can get back overpaid commission

You paid a real estate agent's commission and are wondering if it was even legal? In many cases, paid commissions can be reclaimed in whole or in part, for example, in cases of excessive commission, a violation of the "besteller principle" (the principle that the party who commissions the service pays), or a defective cancellation policy. Rogert & Ulbrich will review your brokerage agreement and enforce legitimate claims for reimbursement on your behalf.

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When a paid real estate agent's commission can be reclaimed

Not every real estate agent commission paid is legally owed. Those who have paid too much or wrongfully can, in many cases, reclaim the money. The decisive factors are the basis on which the brokerage agreement was concluded and whether the property in question is for rent or purchase.

In practice, three situations most frequently lead to a claim for reimbursement:

Violation of the commission rules: When buying an apartment or a single-family home, the principle of equal division applies; for rental agreements, the principle of the party who commissions the service pays the commission. If these principles are violated, the commission agreement is wholly or partially invalid.
Incorrect or missing cancellation policy: If the brokerage agreement was concluded remotely, for example via email or an online portal, a right of withdrawal exists. If the correct information regarding this right is lacking, the contract can be cancelled even long after payment has been made.
Excessive or inadmissible demands: If the real estate agent demands more than legally permitted or additional fees to which he is not entitled, you can demand a refund of the overpaid amount.

It's important to know that even if the commission agreement is invalid, the actual rental or purchase contract remains valid. The only issue is the money paid to the real estate agent.

Are you unsure whether your commission was justified? Have your brokerage agreement reviewed before any deadlines expire.

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Claiming back the real estate agent's commission when buying real estate

Since December 23, 2020, the so-called "half-share principle" has applied to the purchase of an apartment or a single-family home. This principle is designed to prevent the entire real estate agent's commission from being passed on to the buyer. These rules apply if the buyer is a consumer, meaning they are buying privately and not for commercial purposes.

If a real estate agent acts for both buyer and seller (dual agency), they may only charge the same commission to each party. If they charge the buyer more than the seller, or if the seller is exempt from commission altogether, the entire commission agreement with the buyer is invalid. In this case, the buyer is not obligated to pay anything and can reclaim any payments already made.

If, however, only one party has commissioned the real estate agent, usually the seller, no more than half of the total commission may be passed on to the other party. Furthermore, the claim against the buyer only becomes due once the seller has demonstrably paid their share. If the buyer pays without providing this proof, they can reclaim the amount.

A right to information is also helpful: Since the buyer is usually unaware of the contract between the real estate agent and the seller, they can request information from the agent about the agreed-upon commission in order to verify the validity of their own payment. The Federal Court of Justice most recently confirmed the principle of equal division in March 2025.

Did you pay the full commission when you bought the house? Have it checked whether the principle of equal division was violated.

Reclaiming broker's commission for rental apartments

Since June 1, 2015, the "besteller principle" (whoever orders, pays) has applied to the brokerage of rental apartments. Essentially, this means that whoever commissions the real estate agent is also responsible for paying their commission. This is usually the landlord. The tenant only has to pay the commission if they commissioned the agent themselves, exclusively in writing, and the agent acted solely on the basis of this commission.

If the landlord passes on the real estate agent's fees to the tenant, this agreement is invalid. The tenant can then demand a full refund of the commission paid. This also applies to administrative fees, advance payments, or similar additional costs that the real estate agent is not allowed to charge.

Even if the tenant has validly commissioned the real estate agent, the commission is limited: it may not exceed two net monthly rents plus VAT. Utility costs are not included in the calculation. If more is charged, the excess amount must be reclaimed.

In certain cases, no commission may be charged at all, for example, when an existing tenancy is simply continued, for rent-controlled housing, or when the real estate agent and landlord are closely intertwined financially. The right to reclaim the commission expires three years after payment.

Did you pay a real estate agent's commission as a tenant? Check your entitlement, because after three years the claim for reimbursement is time-barred.

Revocation of the brokerage contract as a way to reclaim the funds

Many real estate brokerage contracts are now concluded remotely, for example via a real estate portal, email, or telephone. In these cases, it is a distance selling contract, for which consumers have a statutory right of withdrawal. The same applies to contracts concluded outside the broker's business premises.

The cancellation period is generally 14 days from the date of the contract. However, if the real estate agent has failed to provide information about the right of cancellation, or has provided incorrect information, the period is extended to up to one year and 14 days. In practice, incorrect or missing information is common, for example, if the required standard cancellation form is missing or the information was not properly provided.

If the brokerage agreement is effectively revoked, the commission claim lapses. Any commission already paid must be refunded, even if the purchase or lease agreement has already been concluded. The consumer is only required to provide compensation for the brokerage services already rendered if they were properly informed of their right of revocation beforehand. If the correct information was lacking, the commission can generally be recovered in full without any compensation.

Whether a cancellation is still possible after a longer period depends on the individual case. A current question regarding the expiry of the right of cancellation is pending before the European Court of Justice. Therefore, a thorough examination of the cancellation policy and the contract formation process is crucial.

Was your brokerage contract concluded online or over the phone? Have the cancellation policy reviewed; the right of cancellation often lasts longer than you might think.

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Here's how to enforce your claim

Anyone wishing to reclaim a real estate agent's commission should proceed systematically. Complete documentation and adherence to deadlines are crucial.

Secure documents: Keep your brokerage agreement, commission invoice, proof of payment, and all correspondence. They form the basis for any claim for reimbursement.
Have the contract reviewed: Have it determined whether there is a violation of the principle of equal division, the buyer principle, or a defective cancellation policy.
Please observe the deadlines: For rental properties, the claim expires three years after payment. The right to revoke your rights depends on the instructions you received. Don't wait too long.
Claim: The real estate agent will first be asked to repay the money out of court. If this is unsuccessful, the claim can be enforced in court.

An early legal review prevents claims from being lost due to the passage of time. It also clarifies the actual amount that can be reclaimed.

The sooner you act, the better your chances. Have your case reviewed before deadlines expire.

Frequently asked questions about the recovery of real estate agent commissions

What exactly is a real estate agent's commission?

Brokerage commission is another term for real estate agent's commission, i.e., the fee a real estate agent receives for successfully brokering the sale or rental of an apartment or house. It is generally only due if a rental or purchase agreement is concluded as a result of the agent's efforts. The amount and payment obligation are governed by legal regulations.

Can I reclaim a real estate agent's commission that I have already paid?

Yes, in many cases this is possible. A claim for reimbursement is primarily considered if the principle of equal division or the "besteller principle" (the principle that the party who commissions the service pays) has been violated, if the commission was excessive, or if the brokerage agreement can be effectively revoked. Whether a claim exists depends on the individual case and the specific documentation.

Who has to pay the real estate agent's commission when buying a property?

Since the end of 2020, the principle of equal sharing of commissions applies to the purchase of an apartment or single-family home by a consumer. If the real estate agent acts for both parties, the buyer and seller must each bear half of the commission. If only one party is exempt or charged a reduced commission, the buyer's commission claim may be waived entirely.

What does the "besteller principle" mean for rental apartments?

The "besteller principle" (whoever orders, pays) has been in effect since June 2015 and stipulates that the party who commissions the real estate agent pays their fees. In the case of rental apartments, this is usually the landlord. If the landlord passes the costs on to the tenant, this is invalid, and the tenant can reclaim the payment.

How high can the real estate agent's commission be for a rental apartment?

If, in exceptional cases, the tenant is liable for payment, the commission may not exceed two net monthly rents plus VAT. Operating costs are not included in the calculation. Additional fees such as administrative fees or advance payments are not permitted.

Can I cancel the brokerage agreement?

If the brokerage agreement was concluded remotely, for example via an online portal, email, or telephone, you as a consumer have a right of withdrawal. The withdrawal period is 14 days. If the broker failed to inform you about your right of withdrawal or provided incorrect information, this period is extended to up to one year and 14 days.

Do I have to pay compensation for the broker's services after a cancellation?

You only owe compensation if the real estate agent properly informed you of your right of withdrawal beforehand. If proper instruction was lacking, you can generally reclaim the commission in full without compensation. This applies even if the purchase agreement has already been concluded.

Will my purchase or rental agreement remain valid if the commission agreement is invalid?

Yes. The invalidity of the commission agreement or the cancellation of the brokerage contract does not affect the actual purchase or rental agreement. It concerns only the money paid to the broker.

How long do I have to reclaim the real estate agent's commission?

For rental properties, the right to a refund expires three years after payment. In the case of cancellation, the deadline depends on whether and how the real estate agent provided the necessary information. Since the deadlines vary, you should have your case reviewed as soon as possible.

When should I consult a lawyer?

It is advisable to have a lawyer review your case as soon as you have doubts about the legitimacy of a commission you received or wish to pursue a refund. An early review safeguards your claims before deadlines expire. If you have legal expenses insurance, it often covers the costs of legal proceedings, depending on your policy. We would be happy to review your case to determine if and to what extent you have a claim for a refund.

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We offer you a professional and comprehensive initial consultation regarding the recovery of real estate agent commissions. Take advantage of this opportunity and avoid mistakes.

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