Real estate
House
Successfully showcasing your own home
Want to sell your house successfully? A compelling presentation is key! Learn how to prepare your house optimally to achieve the best possible price. Need professional support? Contact us for a non-binding consultation.
A professional home presentation can increase the sale price by up to 10% and significantly reduce the time on the market. Invest in cleaning, repairs, and high-quality photos.
The broker's commission has been legally regulated since 2020. Pay attention to the written form of the brokerage contract and actively negotiate the commission to optimise costs.
Select a competent agent with market knowledge and network to achieve a higher sale price and speed up the sales process. Document the commission agreement in the notary contract.
A successful house sale begins with an impressive presentation. In today's competitive real estate market, it is not enough to simply open the doors. 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 increasing your property's value and speeding up the sales process. We'll show you how to optimally present your house and 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 minimising 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 selling prices. Below, we provide an overview of the key aspects that significantly influence your sales success.
Good preparation is essential for a successful house presentation. This includes thoroughly cleaning and decluttering the property, repairing minor damages, and optimising the exterior appearance. Creating high-quality photos and crafting an appealing description are also crucial. By considering these aspects, you create a positive first impression and lay the foundation for a successful house sale.
The brokerage commission is an important aspect when buying and selling property. Since 23 December 2020, there has been a new regulation concerning the division of the brokerage commission between buyer and seller. This new regulation aims to relieve private property buyers financially and ensure more fairness in the real estate market. But when is the brokerage commission due at all, and what conditions need to be met?
The brokerage commission is due when a valid brokerage contract exists, the broker has performed a service (evidence and/or mediation), a purchase or rental contract has been concluded, the brokerage activity was causative for the contract conclusion, and the contract is not invalid due to a defect. These conditions must be cumulatively met for the broker to have a claim to commission. The new regulation primarily affects the scope of the brokerage commission for apartments and single-family homes, when the buyer acts as a consumer according to § 13 BGB. The aim is to relieve private property buyers who acquire the property for personal use or as an investment. Further information on the brokerage commission can be found here.
However, the new regulation does not apply to undeveloped land, multi-family houses or commercial properties. Here, contractual freedom remains to agree on the commission between the parties. The new regulation also does not apply to the purchase of land for development with a single-family house. Therefore, it is important to inform oneself in advance about the scope of application of the new regulation to avoid unexpected costs. The division of the brokerage commission is an important point.
For broker contracts concerning the sale or purchase of single-family homes or apartments, the text 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 considered permissible forms. Oral agreements or conclusive actions are no longer sufficient to conclude a valid broker contract. This formal requirement serves to protect consumers and aims to provide more clarity and legal certainty. The formal requirements for broker contracts are clearly defined.
Compliance with the text form is crucial for the validity of the broker contract. If the text form is missing, the contract is invalid, and the broker has no claim to commission. Therefore, it is advisable to carefully check whether the text form has been adhered to before signing a broker contract. The general terms and conditions (GTC) of the broker should also be carefully checked to avoid any unpleasant surprises. Broker fees in house sales are an important factor.
The significance of the text form lies in the fact that all essential agreements are recorded in writing, making them easier to prove in the event of a dispute. This is particularly true for the amount of the broker commission, the payment terms, and the broker's services. By adhering to the text form, misunderstandings and disputes can be avoided. The new regulation is intended to relieve private property buyers.
There is an important aspect to consider regarding the payment order of the agent's commission when the seller has exclusively appointed the agent and shifts part of the commission to the buyer. In this case, the seller must initially pay the commission themselves and provide proof of payment before the buyer is required to contribute their share. This regulation is intended to ensure that the seller fulfills their obligations and that the buyer is not disadvantaged. The payment order for the agent's commission is clearly regulated.
The situation is different when it comes to a dual commission, where the agent has agreements with both the seller and the buyer. In this case, there is no prescribed payment order. The parties are free to agree on the payment terms. However, it is advisable to also make a clear agreement here to avoid misunderstandings. Choosing the right agent is crucial.
It is important to know that the payment order is only relevant if the seller shifts part of the commission to the buyer. If the seller bears the entire commission themselves, the payment order is irrelevant. In this case, the agent can claim 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. Generally, it can be said that the scope for negotiation is smaller with rental properties than with sales properties. For rental properties, the broker's commission is usually legally capped at a maximum of two months' rent plus VAT. For sales properties, there is no legal upper limit, allowing for greater scope for negotiation. The negotiation of the broker's commission is often possible.
There are various factors that influence 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 sold easily 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 instance, because there are no other interested buyers or the seller's brokerage contract is soon to expire. The negotiability of the broker's commission depends on various factors.
Instead of negotiating directly over the commission rate, it might be more successful to focus on realistic selling prices and strong commitment from the broker. For example, agree that the broker only receives the full commission if they achieve a certain sale price. Or require the broker to provide a detailed marketing plan and regular reports on their activities. Through these measures, you show the broker that you value their performance and are prepared to pay appropriately for a successful mediation. The strategies for successfully negotiating the broker's commission are diverse.
There are certain situations where a real estate agent's commission claim is invalid, and you can reclaim overpaid commission. This is the case, for example, if the agent has not met the requirements for the estate agent's commission, such as not being able to provide a valid agent agreement or not having provided any demonstrable service. Distance selling contracts concluded after May 2014, where the consumer was not properly informed about their right of withdrawal, may also be invalid. It's important to know the pitfalls and how to avoid them.
Another pitfall is attempts to circumvent the estate agent's commission. For example, by contacting the owner directly after the agency contract has expired. However, this is not always permitted. If the agent can prove that they facilitated the contact between you and the owner, they may still have a claim to a commission. It is therefore advisable to seek legal advice to avoid such circumvention attempts. The 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. If in doubt, seek advice from a lawyer or a consumer protection association. This way, you can ensure that you are not unjustly charged. Preparing for a house sale is crucial.
There are various commission models that can be used in the brokering of real estate. The most common models are the split commission, the pass-on model, as well as the seller-paid and buyer-paid commission. In the split commission, the buyer and seller usually share the estate agent's fee equally. With the pass-on model, the seller initially pays the entire commission and then recoups part of it from the buyer. In the seller-paid or buyer-paid commission, either the buyer or the seller pays the entire commission. The different commission models have their own advantages and disadvantages.
The advantages and disadvantages of each model depend on the perspective of the buyer and the seller. For buyers, the split commission is generally the most attractive, as they only have to pay half of the commission. For sellers, the pass-on model can be beneficial because they pay the entire commission initially and can potentially achieve a higher sale price. The seller-paid and buyer-paid commissions are rather uncommon in practice. The legal foundations must be observed.
Which commission model is applied in a specific case depends on the agreements between the parties. It is essential to be informed about the various models in advance and to weigh the pros and cons to find the best solution for one's own situation. The implications of the new legal situation should be considered.
The new legislation on brokerage commission also affects existing agreements. In principle, agreements made before 23 December 2020 remain valid. However, there is an important exception: if the broker had already established a legal relationship with the buyer before this date, for example by sending a property brochure, the new legislation also applies to this agreement. The implications of the new legislation on existing agreements are complex.
What is crucial is not the timing of the purchase contract completion, but when the legal relationship between the broker and buyer began. If this was before 23 December 2020, the old legal situation applies. If it was after, the new legal situation applies. Therefore, it’s important to determine the exact timing of the legal relationship to apply the correct commission regulation. Property valuation is an important step.
The new legislation aims to ensure more fairness and transparency in the property market. It is intended to especially relieve private property buyers and reduce the costs of purchasing property. Whether this will actually succeed remains to be seen. However, it is advisable to be informed about the new legal situation and be aware of one's rights and obligations. The validity of agreements before 23 December 2020 must be considered.
The choice of the right 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 success. The choice of the right agent is crucial.
A good agent has thorough market knowledge, a professional approach, and a large network of contacts. He can assist you in valuing your property, developing a compelling sales strategy, and conducting negotiations with potential buyers. When selecting an agent, pay attention to references, qualifications, and experience. The value of a high-end agent lies in his expertise.
To ensure legal certainty, it is advisable to record the commission agreement in the notary contract. This way, all the essential points are documented in writing, and there are no misunderstandings. A good agent will assist you at this step and provide you with all the necessary information. The importance of documenting in the notary contract should not be underestimated.
Here are some of the main benefits you can achieve by choosing a competent agent:
Professional advice: An experienced agent knows the local property market well and can offer you valuable tips on pricing and sales strategy.
Time saving: The agent manages the entire organisation of the sale, from creating the brochure to conducting viewings.
Higher sale price: Through his 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 respecting the legal framework, 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 support you in presenting and selling your house successfully. Contact us today for a non-binding consultation at /contact and benefit from our expertise in property valuation and marketing.
Engel & Völkers provides information on documenting commission agreements in the notary contract.
JuraForum explains the legal basis for broker commissions when buying a house.
Süddeutsche Zeitung informs about the current legal regulations regarding broker commissions.
What role does the broker's commission play in selling a house?
The broker's commission is an important cost factor in selling a house. Since 2020, the division between buyer and seller has been legally regulated to relieve buyers. The exact amount and distribution should be clearly defined in the broker agreement.
How do I find the right broker for my house sale?
The choice of the right broker is crucial. Pay attention to experience, market knowledge, and references. A high-end broker can achieve a higher selling price through their network and expertise.
What does the written form mean in broker agreements?
Broker agreements must be concluded in written form (email, fax, SMS, WhatsApp). Oral agreements are not sufficient. This serves consumer protection and creates legal certainty.
How can I negotiate the broker's commission?
The broker's commission is negotiable, especially with sales properties. Focus on realistic selling prices and a strong commitment from the broker, rather than just pushing down the commission rate.
What legal changes have been made regarding broker's commission since 2020?
Since 23 December 2020, the division of the broker's commission between buyer and seller has been legally regulated. The aim is the relief of private property buyers.
What should be considered regarding the payment order of the broker's commission?
If the seller passes part of the commission onto the buyer, the seller must pay first and provide evidence before the buyer has to pay their share.
What commission models are there?
There are various commission models: double commission (buyer and seller share), shifting (seller pays and recovers part from the buyer), and internal/external commission (one party pays everything).
How does the new legal situation affect existing broker agreements?
Agreements before 23 December 2020 are generally valid unless the broker had already established a legal relationship with the buyer before this date.
