Real Estate
House
Successfully Presenting Your Own Home
Do you want to sell your house successfully? A convincing presentation is the key! Learn how to prepare your house optimally to achieve the best possible price. Do you need professional support? Contact us for a non-binding consultation.
A professional home presentation increases the sale price by up to 10% and significantly reduces the selling time. Invest in cleaning, repairs, and high-quality photos.
The brokerage commission has been regulated by law since 2020. Pay attention to the written form of the brokerage contract and actively negotiate the commission to optimise costs.
Choose a competent agent with market knowledge and network to achieve a higher sales price and speed up the sales process. Document the commission agreement in the notary contract.
A successful house sale starts with an impressive presentation. In today's highly competitive property market, simply opening the doors is not enough. Potential buyers are looking for a home that not only meets their needs but also creates an emotional connection. A professional house presentation can make the crucial difference in enhancing the value of your property and speeding up the sales process. We will show you how to present your house optimally to achieve the best possible price.
The professional presentation of your house is more than just decoration. It's about highlighting the strengths of your property and minimizing potential weaknesses. A well-thought-out presentation appeals to the target audience and sparks the interest of buyers. This not only leads to quicker sales but also to higher sale prices. Below, we provide an overview of the key aspects that significantly influence your sales success.
Good preparation is crucial for a successful house presentation. This includes thoroughly cleaning and decluttering the property, repairing minor damages, and optimizing the exterior appearance. Creating high-quality photos and formulating an appealing description are also essential. By paying attention to these aspects, you create a positive first impression and lay the foundation for a successful house sale.
The brokerage fee is an important aspect of buying and selling real estate. Since 23 December 2020, there is a new regulation concerning the division of the brokerage fee between buyer and seller. This new regulation aims to provide financial relief to private property buyers and ensure more fairness in the real estate market. But when is the brokerage fee actually incurred, and what conditions must be met?
The brokerage fee is due when a valid brokerage contract exists, the broker has provided a service (evidence and/or mediation), a purchase or rental contract has been concluded, the brokerage activity was the reason for the contractual agreement, and the contract is not invalid due to a defect. These conditions must be cumulatively met for the broker to have a claim to the fee. The new regulation mainly affects the scope of the brokerage fee for apartments and single-family homes when the buyer acts as a consumer within the meaning of § 13 BGB. The aim is to relieve private property buyers who purchase the property for personal use or as an investment. You can find more information about the brokerage fee here.
However, the new regulation does not apply to undeveloped land, multi-family houses, or commercial properties. In these cases, the contractual freedom to agree on the fee between the parties remains. Also, when buying land intended for building a single-family house, the new regulation does not apply. Therefore, it is important to be informed in advance about the scope of the new regulation to avoid unexpected costs. The division of the brokerage fee is an important point.
For brokerage contracts, which concern the sale or purchase of single-family homes or apartments, the written form has been required since the new regulation. This means that the contract must be concluded in writing, with email, fax, SMS, or WhatsApp being acceptable forms. Oral agreements or implicit actions are no longer sufficient to conclude an effective brokerage contract. This formal requirement serves to protect consumers and aims to provide more clarity and legal certainty. The formal requirements for brokerage contracts are clearly defined.
Compliance with the written form is crucial for the validity of the brokerage contract. In the absence of the written form, the contract is invalid, and the broker is not entitled to a commission. It is therefore advisable to carefully check before signing a brokerage contract that the written form has been adhered to. The broker's terms and conditions (AGB) should also be carefully reviewed to avoid any unpleasant surprises. Brokerage costs when selling a house are an important factor.
The importance of the written form lies in ensuring that all essential agreements are recorded in writing, making them easier to prove in the event of a dispute. This is especially true for the amount of the broker's commission, payment terms, and broker's services. By adhering to the written form, misunderstandings and disputes can be avoided. The new regulation is intended to relieve private property buyers.
Regarding the order of payment for the agent's commission, there is an important peculiarity to consider if the seller has exclusively commissioned the agent and passes on part of the commission to the buyer. In this case, the seller must first pay the commission themselves and provide proof of payment before the buyer is required to pay their share. This regulation ensures that the seller fulfils their obligations and that the buyer is not disadvantaged. The order of payment for the agent's commission is clearly regulated.
It is different with a dual commission, where the agent has made an agreement with both the seller and the buyer. In this case, there is no prescribed order of payment. The parties are free to agree on the payment terms. However, it is advisable to have a clear agreement here as well to avoid misunderstandings. Choosing the right agent is crucial.
It is important to know that the order of payment is only relevant if the seller passes on part of the commission to the buyer. If the seller has to bear the entire commission themselves, the order of payment does not matter. In this case, the agent can demand the commission directly from the seller. The documentation of the commission agreement in the notary contract is important.
The negotiation of the broker's commission is a topic that concerns many property buyers and sellers. Basically, it can be said that there is less room for negotiation with rental properties than with sales properties. For rental properties, the broker's commission is usually legally limited to a maximum of two months' rent plus VAT. In the case of sales properties, there is no legal upper limit, so there is more room for negotiation. The negotiation of the broker's commission is often possible.
There are different factors that affect the negotiability of the broker's commission. On the one hand, the location and attractiveness of the property play a role. If the property can be easily sold and offered at a good price, the broker may be less willing to reduce the commission. Conversely, the buyer can negotiate the commission if the property is difficult to sell, for example, because there are no other interested buyers or the seller's broker contract is about to expire. The negotiability of the broker's commission depends on various factors.
Instead of directly negotiating the rate of commission, it may be more promising to focus on realistic sales prices and a strong commitment from the broker. For instance, agree that the broker only receives the full commission if they achieve a certain sale price. Or demand a detailed marketing plan and regular activity reports from the broker. Through these measures, you show the broker that you value their performance and are willing to pay appropriately for a successful mediation. The strategies for successful negotiation of the broker's commission are diverse.
There are certain situations where a real estate agent's commission claim is invalid, allowing you to reclaim any overpaid commission. This occurs, for instance, if the agent has not met the conditions for the broker's commission, such as being unable to present a valid brokerage contract or not providing a demonstrable service. Distance selling contracts concluded after May 2014, where the consumer was not properly informed of their right of withdrawal, may also be invalid. Knowing the pitfalls and how to avoid them is important.
Another pitfall involves attempts to circumvent the broker's commission. For example, contacting the property owner directly after the brokerage contract expires. However, this is not always permitted. If the agent can prove they facilitated contact between you and the owner, they may still have a right to commission. It is therefore advisable to seek legal advice before attempting such circumventions. These circumvention attempts are not always successful.
It is important to know your rights and obligations as a buyer or seller to protect yourself from invalid commission claims. In case of doubt, seek advice from a lawyer or a consumer protection association. This ensures you are not wrongly charged. Preparation for selling a house is crucial.
There are various commission models that can be used in real estate transactions. The most common models are the shared commission, the transfer, and the buyer's or seller's commission. In the shared commission model, the buyer and seller typically split the brokerage commission equally. In the transfer model, the seller initially pays the entire commission and later recovers a portion from the buyer. With the buyer’s or seller’s commission, either the buyer or the seller pays the entire commission. The different commission models have both advantages and disadvantages.
The advantages and disadvantages of each model depend on the buyer’s and seller’s perspectives. For the buyer, the shared commission is generally the most attractive since they only pay half of the commission. For the seller, the transfer model can be advantageous because they pay the entire commission upfront, potentially achieving a higher sale price. The buyer’s and seller’s commissions are less common in practice. The legal regulations must be taken into account.
The specific commission model applied in a particular case depends on the agreements between the parties involved. It is important to be informed about the various models in advance and weigh their pros and cons to find the best solution for your situation. The implications of the new legal framework should be considered.
The new legislation regarding the real estate agent's commission also affects existing agreements. Essentially, agreements made before 23 December 2020 remain valid. However, there is an important exception: if the agent had already established a legal relationship with the buyer before this date, for instance, by sending a brochure, the new legislation also applies to this agreement. The implications of the new legislation on existing agreements are complex.
Therefore, it is not the date of signing the purchase contract that is decisive, but the date of the legal relationship between the agent and the buyer. If this was before 23 December 2020, the old legislation applies. If it was after this date, the new legislation applies. It is therefore important to ascertain the exact timing of the legal relationship to apply the correct commission policy. The valuation of the property is an important step.
The new legislation aims to bring more fairness and transparency to the property market. It is particularly intended to relieve private property buyers and reduce the costs of acquiring property. Whether this will actually be achieved remains to be seen. However, it is advisable to be informed about the new legislation and to be aware of one's own rights and obligations. The validity of agreements before 23 December 2020 must be taken into account.
The choice of the right estate agent is crucial for a successful house sale. A high-end agent with a higher commission can offer you superior services, a larger network of potential buyers, and a more comprehensive marketing strategy. This can ultimately result in a higher sale price and a quicker sale. The choice of the right agent is crucial.
A good agent has in-depth market knowledge, a professional approach, and a wide network of contacts. They can help you evaluate your property, develop a compelling sales strategy, and handle negotiations with potential buyers. When choosing a real estate agent, pay attention to references, qualifications, and experience. The value of a high-end agent lies in their expertise.
To ensure legal certainty, it is advisable to record the commission agreement in the notary contract. This way, all essential points are documented in writing, and there are no misunderstandings. A good agent will support you in this step and provide you with all the necessary information. The importance of documentation in the notary contract cannot be underestimated.
Here are some of the main advantages you can gain by choosing a competent agent:
Professional advice: An experienced agent knows the local property market well and can offer you valuable advice on pricing and sales strategy.
Time-saving: The agent takes care of the entire organisation of the sale, from creating the property listing to conducting viewings.
Higher sale price: With their expertise and negotiation skills, the agent can achieve a higher sale price for your property.
The legal regulations must be observed.
The estate agent's commission is an important factor in the context of a successful house sale. By complying with the legal requirements, negotiating the commission, and choosing the right agent, you can optimise the sales process and achieve the best possible price for your property. We at Auctoa are happy to assist you in successfully presenting and selling your house. Contact us today for a non-binding consultation at /contact and benefit from our expertise in property valuation and marketing.
Engel & Völkers offers information on documenting the commission agreement in the notary contract.
JuraForum explains the legal basis of the broker's commission when buying a house.
Süddeutsche Zeitung provides information on the current legal regulations regarding the broker's commission.
What role does the broker's commission play in selling a house?
The broker's commission is an important cost factor in house sales. Since 2020, the division between buyer and seller has been regulated by law to relieve buyers. The exact amount and distribution should be clearly defined in the broker contract.
How do I find the right broker for selling my house?
The choice of the right broker is crucial. Look for experience, market knowledge, and references. A high-end broker can achieve a higher sale price through their network and expertise.
What does text form mean in broker contracts?
Broker contracts must be concluded in text form (email, fax, SMS, WhatsApp). Oral agreements are insufficient. This serves to protect consumers and creates legal certainty.
How can I negotiate the broker's commission?
The broker's commission is negotiable, especially for sale properties. Focus on realistic sale prices and strong broker commitment, rather than just reducing the commission rate.
What legislative changes have there been regarding broker commissions since 2020?
Since 23 December 2020, the division of the broker's commission between buyer and seller has been regulated by law. The aim is to relieve private property buyers.
What should be considered regarding the order of payment of the broker's commission?
If the seller passes part of the commission onto the buyer, the seller must pay first and provide proof before the buyer is required to pay their share.
What commission models are there?
There are various commission models: double commission (buyer and seller share), passing on (seller pays and recovers part from the buyer), and internal/external commission (one party pays everything).
How does the new legislation affect existing broker contracts?
Agreements made before 23 December 2020 are generally valid unless the broker had already established a legal relationship with the buyer before this date.
