Germany property guide
Germany: who may pay the Maklerprovision when buying a Wohnung
German law limits how a broker’s fee can be split on a purchase of a flat or a single-family house. That rule is not this site’s commission.
By MMYP TECHNOLOGIES (OPC) PRIVATE LIMITED, operator of MarkMyProperty. Head office: Delhi NCR, India. Updated . This page does not score listings.
Coverage: Germany. Civil Code sections 656c and 656d, fetched on 2 November 2026. They name a purchase of a Wohnung or an Einfamilienhaus. They are not a rule for every other kind of property, and they are not the Grundbuch page.
The statute names a flat and a single-family house
On 2 November 2026, the Federal Ministry of Justice text of the Bürgerliches Gesetzbuch was fetched. Section 656c says that if the broker has both parties to a purchase contract for a Wohnung or an Einfamilienhaus promise a broker’s fee, that can be done only so that the parties undertake to pay the same amount. If the broker agrees with one party to act without a fee, the broker also cannot have the other party promise a fee. A contract that departs from those two sentences is ineffective.
Section 656d says that if only one party to such a purchase contract has made a broker contract, an agreement that obliges the other party to pay or reimburse the broker’s fee is effective only if the party who made the broker contract remains obliged to pay at least the same amount. The claim against the other party becomes due only when the commissioning party has paid and that party or the broker provides proof.
This site does not charge that fee
MarkMyProperty is operated by MMYP TECHNOLOGIES (OPC) PRIVATE LIMITED. Head office: Delhi NCR, India. It charges no platform brokerage commission. A pin, a user-drawn outline, or a contact reveal does not establish title or ownership.
Those sentences are the Civil Code’s rules for that purchase. They are not a listing licence and not the Grundbuch and notary guide, which was not rewritten. A pin or a contact reveal does not establish title or decide who owes a broker. The page does not calculate a fee.
Sources and further reading
Frequently asked questions
Can both sides of a German flat purchase be charged different broker fees?
Section 656c says a promise of a broker’s fee by both parties to a purchase of a Wohnung or an Einfamilienhaus can be made only if they undertake to pay the same amount.
If only the seller hired the broker, can the buyer be charged the whole fee?
Section 656d says an agreement that the other party pays or reimburses the fee is effective only if the party who made the broker contract remains obliged to pay at least the same amount.
Is the Maklerprovision the same as MarkMyProperty’s commission?
No. MarkMyProperty charges no platform brokerage commission. A broker a person hires may charge their own fee under the rules that apply to that contract.