Since December 2020, real estate agents are no longer permitted to unilaterally pass on their commission to the buyer when selling an apartment or single-family home. The principle of equal division, as stipulated in Sections 656c and 656d of the German Civil Code (BGB), mandates that the buyer and seller share the commission equally. If this principle has been violated, you, as the buyer, can reclaim the commission you have paid. Rogert & Ulbrich will review your real estate agent contract and enforce any legitimate claims for reimbursement.

What does the principle of equal division state?

The principle of equal sharing governs who pays the real estate agent's commission (also called brokerage fee) when buying property. Since the law on the distribution of real estate agent costs, which came into force on December 23, 2020, the following applies: When brokering apartments and single-family homes, buyers and sellers must pay the commission in the same amount. This is regulated in Sections 656c and 656d of the German Civil Code (BGB).

The underlying principle is consumer protection. Before the reform, it was common practice in many regions for the seller to hire the real estate agent, but the buyer was then charged the entire commission. Anyone wanting to buy a house had little room for negotiation and had to pay the full commission. The legislature wanted to end this one-sided distribution of costs. Since then, real estate agents are no longer allowed to charge the buyer more than the seller.

Did you pay the full real estate agent's commission when you bought your house? Have it checked whether the principle of equal division was violated and whether you can reclaim part of it.

For whom does the principle of equal division apply?

The principle of equal division does not apply to every brokerage contract. Section 656b of the German Civil Code (BGB) defines its personal and material scope. Two conditions are crucial:

• The buyer is a consumerThe consumer protection regulations only apply if the buyer is acting as a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e., not for commercial or self-employed purposes. Commercial buyers and entrepreneurs are not covered by this protection.
• The object of purchase is an apartment or a single-family housePurely commercial properties and multi-family houses that are rented to many parties are excluded.

The Federal Court of Justice clarified the scope of application on March 6, 2025. According to this ruling, the principle of equal division also applies if a single-family home has a subordinate commercial use option, such as a small office or a garage as an extension. The decisive factor is that the property must be recognizably intended primarily for the residential use of a single household, as far as the real estate agent is concerned.

Unsure whether your purchase falls under the principle of equal division? A brief legal assessment provides clarity before the statute of limitations expires.

Dual role or unilateral commissioning: Sections 656c and 656d compared

The law distinguishes between two basic scenarios. Which rule applies depends on whether the real estate agent is acting for both parties or only for one.

• Dual employment (§ 656c BGB)The real estate agent acts for both buyer and seller and obtains a commission from both. In that case, they may only accept an equal commission from each party. If one party is exempt from paying a commission, this exemption automatically applies to the other.
• Unilateral commission (§ 656d BGB)Only one party, usually the seller, commissions the real estate agent. The other party's assumption of costs is only valid if the commissioning party pays at least the same share themselves. The buyer may therefore never pay more than the seller.

In both cases, the result is the same: the buyer must not be burdened more than the seller. Agreements that circumvent this are invalid.

Not sure which scenario applies to your situation? The brokerage agreement and commission agreement will provide the answer. We'll organize the documents for you.

When the real estate agent has demanded too much: typical violations

A violation of the principle of equal division is not always obvious. It is often hidden in the contract's structure. These scenarios occur particularly frequently in practice:

• The buyer pays more than the seller.The buyer pays the full commission, while the seller pays nothing or less.
• Hidden transfer via the purchase priceThe seller engages the real estate agent, but the purchase price is reduced in the sales contract, and the buyer then assumes the entire commission. The Federal Court of Justice has also ruled on such circumvention schemes.
• Commissioning by a third partyThe brokerage agreement is not concluded by the seller himself, but by a person close to him, such as his spouse. This does not negate the buyer's protection.
• Different commission ratesBuyer and seller each conclude a brokerage agreement, but agree on different commission rates.

If any of these scenarios sound familiar, it's worth carefully reviewing your contract. Even minor deviations can invalidate the entire commission agreement.

Consequences of a violation: invalidity and recovery of funds

If a commission agreement violates the principle of equal division, it is invalid. An important point to note is that there is no reduction to preserve its validity. This means the agreement is not simply reduced to the permissible half, but is entirely void.

This offers you, as the buyer, a significant advantage. You don't have to settle for a refund of the overpaid half. In the event of a breach of contract, the real estate agent's commission claim is completely forfeited, meaning the entire commission paid can be reclaimed. The legal basis for this is Section 812 of the German Civil Code (BGB), which addresses claims arising from unjust enrichment. The Federal Court of Justice (BGH) confirmed this right to full reimbursement in its ruling of March 6, 2025.

The classification of the specific violation determines the amount of your claim. Have your case reviewed before any potential claims expire.

What buyers should do now

The principle of equal division is just one of several ways to reclaim paid real estate agent commissions. Other options include revocation of distance selling contracts and the invalidity of faulty online order buttons. A systematic review will determine which approach is right for your specific situation. These steps will help:

• Collect documentsBrokerage agreement, commission agreement, notarized purchase agreement and proof of payment of the commission.
• Check text formBrokerage agreements for apartments and single-family homes require written form according to § 656a of the German Civil Code (BGB). If this requirement is not met, the agreement is invalid for this reason alone.
• Note the statute of limitations.Claims for reimbursement generally expire after three years. The period begins at the end of the year in which you made the payment and became aware of the circumstances.
• Have it legally reviewedA legal assessment clarifies whether a violation has occurred and how high the claim for reimbursement is.

The sooner you act, the more likely you are to meet deadlines. Send us your documents and we will review your options for claiming a refund.

Rogert & Ulbrich – Your lawyers in real estate law

Rogert & Ulbrich has been consistently representing consumers against excessive demands and invalid contract clauses for years. The firm was founded by Dr. Marco Rogert and Tobias Ulbrich and has handled over 40,000 cases and filed more than 25,000 lawsuits. In real estate law, the focus is on protecting buyers, particularly regarding real estate agent commissions and the allocation of agent fees.

We review your brokerage agreement, classify your case according to the applicable review criteria, and enforce your claims for reimbursement, both out of court against the broker and, if necessary, in court. You can conveniently retain our services online; we operate nationwide and, if you have legal expenses insurance, we bill your insurer directly.

Did you pay a real estate agent's commission when buying a property and suspect a violation of the principle of equal division? Get in touch and secure your claims.

FAQs – Frequently asked questions about the principle of equal division

Der Beitrag Halbteilungsgrundsatz nach § 656c und § 656d BGB einfach erklärt erschien zuerst auf R&U.

Many buyers of condominiums or single-family homes pay a real estate agent's commission that they don't owe at all, or not in full. Since the reform of real estate agent law at the end of 2020, wrongly paid commissions can be reclaimed via three clearly defined avenues. Rogert & Ulbrich reviews your real estate agent contract and enforces legitimate claims for reimbursement both in and out of court.

Why checking the real estate agent's commission is almost always worthwhile for buyers

When buying a property, the real estate agent's commission can quickly add up to a five-figure sum. For a purchase price of €500,000, the buyer's share is often between €8,000 and €18,000, depending on the region. In many cases, this amount can be fully or partially reclaimed because strict legal regulations have been in place since December 23, 2020, and not every real estate agent complies with them.

The law protects buyers of condominiums and single-family homes who are acting as consumers. Special regulations apply to them regarding the form of the brokerage contract, the division of costs between buyer and seller, and the right of withdrawal. If the broker violates even one of these regulations, the commission paid can be reclaimed in part or in full.

Time is of the essence: claims for reimbursement generally expire after three years. Anyone who has paid a commission in recent years should therefore have their contract reviewed promptly before the claim is lost.

Did you pay a real estate agent's commission when buying a property? Have it checked whether the payment was justified before the statute of limitations takes effect.

An overview of the three recovery methods

There are three independent grounds for reclaiming a real estate agent's commission. Each grounds stand on its own. If one applies, there is a claim for repayment – sometimes the full commission, sometimes the difference paid in excess of half. In practice, we examine all three grounds simultaneously and pursue the one with the best prospects first.

Option 1: The brokerage agreement was not concluded in written form.

When a consumer purchases an apartment or a single-family home, the brokerage agreement must be in written form (§ 656a BGB). Written form means a legible, permanent declaration that identifies the person making the declaration, for example, by email, fax, or letter. A contract concluded only orally or through implied conduct is invalid. Simply requesting a property brochure, attending a viewing, or expressing interest by telephone does not constitute a legally valid brokerage agreement.

If the written form is lacking, no commission claim exists from the outset. Any commission paid nonetheless can be reclaimed in full. This is often the most effective approach because it invalidates the entire claim for remuneration. In our article on the written form of brokerage agreements, we explain which communication methods are sufficient and which are not.

Option 2: Violation of the statutory commission sharing

Since the reform, buyers and sellers generally share the broker's commission. If the broker acts for both parties (dual agency), they may only charge each party the same commission (§ 656c BGB). An agreement that places a greater burden on the buyer is invalid. If only the seller has commissioned the broker and the buyer is to share the costs, the buyer may only pay a maximum of half, and the claim against them only becomes due once the seller has paid their share and provided proof of payment (§ 656d BGB).

This results in two typical scenarios for claiming a refund: If the buyer has paid more than half or the full commission, they can reclaim the difference. If they paid before the seller has demonstrably settled their share, the payment was premature. You can read more about the division of brokerage fees and the seller's burden of proof in our in-depth article on commission sharing.

Option 3: Revocation of the brokerage agreement

If a brokerage agreement with a consumer is concluded remotely (e.g., by telephone, email, or via an internet platform) or outside the broker's business premises, the buyer has a right of withdrawal of 14 days (§§ 312g, 355 German Civil Code). If the broker has not properly informed the buyer of this right, the period is extended to up to twelve months and 14 days (§ 356 German Civil Code).

If the contract is effectively revoked, the commission claim lapses and any commission already paid must be refunded. In practice, the information regarding the right of revocation is often flawed or entirely missing, meaning the extended revocation period applies. We address the key aspects of the information provided, the start of the revocation period, and potential compensation for services rendered in a separate article on revoking a brokerage contract.

Are you unsure which course of action applies in your case? Have your brokerage contract reviewed instead of paying a claim without having it checked.

The correct check sequence: Step by step to recovery

Which of the three paths leads to the goal only becomes clear after a thorough examination. The following sequence has proven effective because it begins with the most powerful lever and doesn't overlook any deadlines:

1. Secure the following documents: compile the brokerage agreement, all email correspondence, property details, commission invoice, purchase agreement and proof of payment.
2. Check the form (Way 1): Was a brokerage agreement actually concluded in written form? If the written form is missing, the commission can often be reclaimed in full.
3. Check commission sharing (option 2): Who commissioned the real estate agent? Did the seller pay and prove their share? Was the buyer charged more than half?
4. Check the cancellation (Method 3): How was the contract concluded (online, by phone, at the doorstep)? Was the right of cancellation correctly explained?
5. Note the statute of limitations: The claim regularly expires after three years, calculated from the end of the year in which payment was made (§§ 195, 199 BGB).
6. Enforce your claim: first, send an out-of-court request for repayment; if refused, file a lawsuit for repayment.

The form is deliberately placed first: if it is correct, the commission claim is entirely forfeited, and the other questions become irrelevant. Only then is it worthwhile to consider commission sharing and revocation, which can each lead to a partial or full refund.

Unsure where your case falls within this review process? We'll place your contract within this sequence of steps and identify the most promising course of action.

Which purchases and which buyers are protected

The strict rules regarding form, commission sharing, and cancellation do not apply to every real estate purchase. Only buyers acting as consumers (§ 13 BGB) are protected, and only when acquiring certain types of properties. The decisive factor is the combination of property type and buyer status.

• Condominium: The purchase of an apartment by a consumer falls entirely under the reform rules.
• Single-family house: The purchase of a single-family home by a consumer is also covered, including a subordinate granny flat.

Typically not covered are the purchases of apartment buildings, commercial properties, and undeveloped land, as well as purchases by companies or commercial investors. In these cases, the formal and division rules do not apply. However, a claim for reimbursement may be considered for other reasons, such as if the real estate agent did not broker or facilitate the conclusion of the contract, or if they are too closely tied to the seller financially.

Unsure whether your purchase is covered by legal protection? A quick check of the type of property and your buyer status will clarify things.

Deadlines, evidence and typical mistakes in claiming refunds

In practice, a legitimate claim for reimbursement rarely fails due to legal reasons, but rather due to avoidable errors. The most important points:

• Keep the statute of limitations in mind: The right to a refund generally expires after three years. Anyone who waits too long loses the claim, even if the commission was clearly paid unlawfully.
• Secure proof of payment: The commission invoice, bank transfer receipt, and correspondence with the broker are the key pieces of evidence. Anyone who paid without a written contract should specifically document this gap.
• No premature recognition: A signed acknowledgment of debt or an unconditional payment can complicate enforcement. If in doubt, have it reviewed first.
• A paid invoice is not proof of the claim: The fact that a commission invoice has been issued and paid says nothing about whether the claim was legally valid in the first place.

Do not pay or sign anything until the brokerage agreement has been reviewed.

Have you already paid? The sooner the statute of limitations is stopped and the claim is asserted, the better the chances of a refund.

Rogert & Ulbrich – Your lawyers in real estate law

Rogert & Ulbrich represents consumers nationwide against real estate agents, banks, and companies. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their team have handled over 40,000 cases and filed over 25,000 lawsuits. This experience benefits buyers who want to reclaim wrongly paid real estate agent commissions.

We will review your brokerage agreement using all three possible avenues for recovery, determine the most promising approach, and enforce your claim – initially out of court by demanding repayment, and if the broker refuses, through legal action. You will receive a clear assessment of your chances of success, deadlines, and further steps.

Did you pay a real estate agent's commission when buying an apartment or house and now have doubts about its legitimacy? Get in touch and secure your rights.

FAQs – Frequently Asked Questions about Reclaiming Broker's Commission

Der Beitrag Maklerprovision zurückfordern – Wann Käufer ihr Geld zurückbekommen erschien zuerst auf R&U.

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Close cooperation with the police and public prosecutor's office provides significant advantages for those affected and significantly increases the chances of successful recovery of cryptocurrencies.

Professional support for crypto fraud

The Crypto Investigation in cooperation with the Rogert & Ulbrich Law Firm offers victims of crypto fraud comprehensive and expert support in recovering their digital assets. With a team of certified crypto forensic experts, experienced investigators, state-of-the-art analysis tools, and a holistic approach, the company accompanies victims through all phases of the process.

The 24-hour availability, the Initial assessment and a transparent communication underscore our commitment to providing quick and effective assistance. Anyone who has fallen victim to crypto fraud will find in Krypto Investigation GmbH a competent partner who not only brings technical expertise but also the necessary empathy.

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Read here the Focus article.

Der Beitrag Unterstützung bei Krypto-Betrug: So finden Sie Ihre verlorenen Kryptowährungen zurück erschien zuerst auf R&U.

From fake trading platforms to sophisticated romance scams, crypto scammers are becoming increasingly sophisticated. However, victims are not powerless. Below is an overview of typical schemes, warning signs, and strategies to protect yourself.

1. Typical scams in the crypto sector

"We repeatedly observe similar practices," explains Dr. Marco Rogert, a specialist lawyer for banking and capital markets law. "Deceptively real trading platforms simulate profits, but demand additional payments upon withdrawal – for example, for 'taxes' or 'activation fees'. At that point, the money is already at risk."

Other common scams:

• Ponzi schemes: New deposits are used to pay off older victims.
• Phishing & Wallet Hacks: Fake apps or emails access crypto accounts directly.
• Romance scams: Fraudsters use dating platforms to gain victims' trust and lure them into fake crypto investments.

"These networks operate internationally and rely on psychological pressure," Rogert emphasizes. "Quick action is crucial."

2. Legal options for those affected

Many victims believe their money is lost forever – but that's not true. Rogert explains: "Funds can often be recovered through civil claims against platforms, payment service providers, or banks. The sooner we get involved, the greater the chance of stopping transactions."

Various measures are used in this process. Crypto forensics It enables the tracking of transactions and the tracing of money flows. Cooperation with the police, public prosecutor's office, and reputable crypto exchanges increases the chances of success. In some cases, arrest warrants or injunctions can be used to protect funds from permanent loss.

3. Warning signs of dubious crypto offers

"Guaranteed returns should always arouse suspicion," warns Markus Miller, crypto expert and publicist. Missing official information such as imprint, terms and conditions, or privacy policies are also a clear warning sign. Anyone investing under extreme time pressure, communicating exclusively via messaging services, or unable to identify real contacts should be cautious.

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4. Blockchain forensics: tracing money flows

„Every crypto transaction leaves a trace,“ explains David Lüdtke from the Crypto Investigation GmbH. Using modern Analysis tools Money flows on the blockchain can often be traced back to exchanges or cash-out points. The success rate increases significantly if those affected react quickly. "Those who contact us early have a realistic chance of securing their money before it is lost through complex wallet structures," says Lüdtke.

About Marco Rogert

Marco Rogert is a lawyer and business lawyer at the law firm Rogert & Ulbrich in Düsseldorf. He has many years of experience representing consumers and has successfully assisted thousands of VW buyers in the emissions scandal. As one of the lawyers for the Federation of German Consumer Organizations (vzbv), he played a key role in the success of the class action lawsuit against Volkswagen, which resulted in compensation for approximately 235,000 affected consumers through a settlement.

Rogert studied at the University of Osnabrück and the Leiden University in the Netherlands, specializing in transport law, international commercial law, and credit security law. Until May 2020, he taught commercial and logistics law at the University of Economics and Management (FOM) in Essen.

Der Beitrag Krypto-Betrug erkennen, verhindern und Ihr Geld zurückholen – Experten geben wertvolle Tipps erschien zuerst auf R&U.