The estate agent did “nothing” but wants a commission – do I have to pay?

The claim arises when the deal comes about through a meritorious activity of the agent. Merely identifying the opportunity – naming the property together with the contact – already counts. Effort or negotiating skill are not decisive.

A brokerage contract is required – which can also arise implicitly, for example if you use the agent’s services after they have pointed out their entitlement to a commission.

• Prior knowledge: if you already knew the property, you must tell the agent immediately.
• No causation: if the purchase came about without the agent’s involvement, there is no claim.
• Breach of duty: if the agent gave materially wrong or incomplete information, the commission can be reduced.
• Missing statement of ancillary costs: towards consumers, the agent must provide written information on all ancillary costs before the offer is made.
• Conditional purchase: if the purchase fails, e.g. due to a financing condition, no claim arises.

When buying an apartment, a maximum of 3 % plus VAT per side of the contract is permitted above a certain purchase price. If the agent acts for both sides, they must inform both sides of this.

Don’t pay a disputed commission hastily, but don’t ignore the demand either. Have it checked whether a brokerage contract existed, whether the activity was causal and whether there were breaches of duty. Agreeing on a reduced commission is often the most economical route.