How the Federal Court of Justice (BGH) ruling of October 9, 2025 helps buyers with brokerage contracts concluded online.
Anyone who concludes a brokerage agreement online via a button only owes a commission if that button clearly indicates the obligation to pay. If the button with the inscription "order with obligation to pay" or an equally unambiguous wording is missing, no valid contract is formed. The Federal Court of Justice confirmed this on October 9, 2025. Rogert & Ulbrich reviews your online agreement and enforces refund claims.
What the button solution according to § 312j BGB requires
The button solution is intended to protect consumers from hidden costs online. According to Section 312j Paragraph 3 of the German Civil Code (BGB), a business must design the ordering process in electronic commerce in such a way that the consumer expressly confirms their obligation to pay when placing an order.
If the order is placed via a button, this obligation is only fulfilled if the button is clearly labelled with nothing other than the words "order subject to payment" or with a similarly unambiguous formulation. Neutral labels such as "Submit," "Send," or "Order" are insufficient because they do not clearly indicate the obligation to pay.
Did you conclude a brokerage agreement online and are unsure how the button was labeled? Have the process reviewed.
The Federal Court of Justice (BGH) ruling of October 9, 2025
The Federal Court of Justice's ruling of October 9, 2025, was based on a typical case. A real estate agent, acting on behalf of the owner, offered a property with a detached house on the internet. After initial contact by telephone, the prospective buyer received a link to a web-based property listing via email. Before accessing the listing, he had to check several boxes and then click a button labeled "Submit." Information regarding the commission was only found in the attached documents.
After successfully brokering the sale and the purchase of the house, the real estate agent demanded a commission of almost €30,000. The buyer refused to pay. The Federal Court of Justice ruled in his favor: The "Submit" button did not make the buyer aware of their payment obligation as clearly as required by law. Therefore, no valid brokerage contract was formed.
Did your online purchase proceed similarly? Then your commission claim may fail as early as the contract signing stage. We will check this for you.
Why the button solution also applies to brokerage contracts
For a long time, it was disputed whether the "button solution" was even applicable to brokerage contracts. The reason: Brokers typically only pay their commission later, and only if the transaction is successful. The Federal Court of Justice has now definitively answered this question. The "button solution" also applies even if the payment obligation only arises upon successful completion of the transaction.
The decisive factor is that the consumer lays the foundation for a future payment obligation as soon as the brokerage agreement is concluded. Therefore, they must explicitly confirm their commitment to payment at the moment the contract is signed. The Federal Court of Justice based its decision on the jurisprudence of the European Court of Justice, which clarified on May 30, 2024, that this also covers conditional payment obligations that arise only later.
Are you wondering whether this rule applies to your brokerage contract? A quick review will provide clarity.
The legal consequence: final invalidity and recovery of funds.
If the button requirement is violated, Section 312j Paragraph 4 of the German Civil Code (BGB) stipulates that the contract only comes into effect if the requirements are met. If the clear confirmation of the payment obligation is missing, the brokerage contract is therefore not validly concluded at all. This is not merely a pending, but a final invalidity.
For you as the buyer, this means: The real estate agent is not entitled to a commission. You can reclaim any commission already paid. You do not owe any compensation for the agent's services. The Federal Court of Justice has also clarified that such a contract cannot be remedied by informal conduct. Simply requesting a viewing appointment does not make the contract valid. Any subsequent confirmation would again have to meet the strict formal requirements of the "button solution.".
Did you pay a commission under an online brokerage agreement? Have it checked whether you can reclaim the money.
When the button solution works and when it doesn't
The button solution is a separate point of review alongside the right of withdrawal and the principle of equal division. It does not result in the cancellation of a valid contract, but rather in the fact that no contract is formed in the first place. The decisive factor is the method of conclusion.
- Recorded: the conclusion of a transaction in electronic business transactions via an online form with a button, for example via broker software or a portal.
- Not recordedA brokerage agreement concluded solely by telephone or individual email without an order form. In these cases, however, the right of withdrawal may be available.
These three avenues complement each other. If the online purchase was made via a faulty button, Section 312j of the German Civil Code (BGB) applies. If the purchase was made remotely without proper instruction, the right of withdrawal may be considered. And if the buyer bears more than half of the commission, the principle of equal division must be examined.
Not sure which path is right for you? We'll assess your qualifications and choose the most suitable approach.
What affected buyers should do now
The ruling potentially affects thousands of brokerage contracts concluded online in recent years. As we learned at the Claim for reimbursement of broker's commission You can find out how to proceed on our service page. These steps will help you get started:
- Document the ordering process: If possible, save the button label, screenshots of the process, the email with the link, and the web exposé.
- Check buttonDid the button bear the inscription "order subject to payment" or an equally unambiguous wording, or was it labelled neutrally?
- Collect documentsBrokerage agreement, commission agreement, purchase agreement and proof of payment.
- Note the statute of limitations.Claims for reimbursement regularly expire three years from the end of the year in which you paid and became aware of the circumstances.
- Have it legally reviewedA legal assessment will clarify whether a valid contract has been concluded and whether you can reclaim the commission.
The more complete your documentation, the more accurately your case can be assessed. Send us your documents and we will review your options.
Rogert & Ulbrich – Your lawyers in real estate law
Rogert & Ulbrich has been consistently representing consumers against invalid contracts and excessive demands for years. The law firm was founded by Dr. Marco Rogert and Tobias Ulbrich and has handled over 40,000 cases and filed more than 25,000 lawsuits. real estate law The focus is on protecting buyers, especially regarding real estate agent commissions and the online conclusion of real estate agent contracts.
We will examine how your brokerage agreement was concluded, whether the "button solution" was adhered to, and whether you have a claim for reimbursement. If necessary, we will enforce your claims, out of court against the broker and, if required, in court. You can conveniently retain our services online; we operate nationwide and, if you have legal expenses insurance, we will bill your insurer directly.
Did you conclude a brokerage agreement online and have doubts about the commission claim? Get in touch and secure your rights.
