Anyo\u00adne buy\u00ading a house com\u00adpri\u00adsing two equi\u00adva\u00adlent resi\u00adden\u00adti\u00adal units can\u00adnot auto\u00adma\u00adti\u00adcal\u00adly invo\u00adke the sta\u00adtu\u00adto\u00adry rule of equal divi\u00adsi\u00adon when it comes to the estate agent\u2019s com\u00admis\u00adsi\u00adon. The Fede\u00adral Court of Jus\u00adti\u00adce has cla\u00adri\u00adfied this in a recent jud\u00adge\u00adment, ther\u00adeby defi\u00adning the con\u00adcept of a sin\u00adgle-fami\u00adly house more pre\u00adcis\u00ade\u00adly in estate agen\u00adcy law.<\/p>\n\n\n\n
Sin\u00adce 2020, the fol\u00adlo\u00adwing has appli\u00aded in Ger\u00adma\u00adny: if an estate agent char\u00adges a com\u00admis\u00adsi\u00adon to both the sel\u00adler and the buy\u00ader of a pro\u00adper\u00adty, both par\u00adties must pay the same amount. This rule, known as the \u2018half-and-half prin\u00adci\u00adple\u2019, is enshri\u00adned in Sec\u00adtion 656c of the Ger\u00adman Civil Code (BGB) and appli\u00ades, howe\u00adver, only to the purcha\u00adse of a flat or a detached house. Any estate agent\u2019s con\u00adtract that devia\u00adtes from this is legal\u00adly invalid.<\/p>\n\n\n\n
An estate agent had arran\u00adged for the buy\u00ader to purcha\u00adse a plot of land with a house com\u00adpri\u00adsing two ful\u00adly self-con\u00adtai\u00adned resi\u00adden\u00adti\u00adal units, each let sepa\u00adra\u00adte\u00adly. The pro\u00adper\u00adty was descri\u00adbed in the advert as a two-fami\u00adly house and was also refer\u00adred to as such in the nota\u00adri\u00adsed con\u00adtract of sale. It was only after the estate agent\u2019s con\u00adtract had been con\u00adcluded that the buy\u00ader infor\u00admed the estate agent that he inten\u00added to live in the house hims\u00adelf in future.<\/p>\n\n\n\n
The buy\u00ader sub\u00adse\u00adquent\u00adly refu\u00adsed to pay the estate agent\u2019s com\u00admis\u00adsi\u00adon. He argued that the estate agent had brea\u00adched the prin\u00adci\u00adple of equal divi\u00adsi\u00adon, as he had not divi\u00added the com\u00admis\u00adsi\u00adon equal\u00adly bet\u00adween the buy\u00ader and the sel\u00adler. He the\u00adr\u00ade\u00adfo\u00adre con\u00adten\u00added that the estate agen\u00adcy agree\u00adment was invalid.<\/p>\n\n\n\n
The Fede\u00adral Court of Jus\u00adti\u00adce ruled in favour of the estate agent. The court deci\u00added that, when deter\u00admi\u00adning whe\u00adther a pro\u00adper\u00adty is to be clas\u00adsi\u00adfied as a detached house, the decisi\u00adve fac\u00adtor is the date on which the con\u00adtract was con\u00adcluded. The objec\u00adti\u00adve cha\u00adrac\u00adte\u00adristics of the buil\u00adding are the pri\u00adma\u00adry deter\u00admi\u00adning fac\u00adtors in this regard.<\/p>\n\n\n\n
A house com\u00adpri\u00adsing two resi\u00adden\u00adti\u00adal units of equal sta\u00adtus, neither of which is of secon\u00adda\u00adry importance, does not meet the cri\u00adte\u00adria for a sin\u00adgle-fami\u00adly house. The court poin\u00adted out that, whilst it had regard\u00aded a gran\u00adny flat as harm\u00adless in pre\u00advious rulings, a ful\u00adly-fled\u00adged second resi\u00adden\u00adti\u00adal unit dif\u00adfers fun\u00adda\u00admen\u00adtal\u00adly from a gran\u00adny flat.<\/p>\n\n\n\n
If a buy\u00ader nevert\u00adhel\u00adess wis\u00adhes their per\u00adso\u00adnal inten\u00added use to be taken into account in the valua\u00adti\u00adon, they must inform the estate agent of this no later than when the agen\u00adcy agree\u00adment is con\u00adcluded. Anyo\u00adne who fails to do so can\u00adnot sub\u00adse\u00adquent\u00adly invo\u00adke the prin\u00adci\u00adple of equal divi\u00adsi\u00adon. In the event of a dis\u00adpu\u00adte, the buy\u00ader would also have to pro\u00adve that they had com\u00admu\u00adni\u00adca\u00adted their inten\u00adti\u00adon in good time.<\/p>\n\n\n\n
For pro\u00adper\u00adty buy\u00aders, this ruling means that the mere inten\u00adti\u00adon to move into a two-fami\u00adly house ones\u00adelf does not exempt them from the obli\u00adga\u00adti\u00adon to pay the estate agent\u2019s com\u00admis\u00adsi\u00adon in full. Anyo\u00adne wis\u00adhing to cla\u00adim the sta\u00adtu\u00adto\u00adry 50\u201350 split must cle\u00adar\u00adly and veri\u00adfia\u00adbly sta\u00adte their inten\u00adti\u00adon to live in the pro\u00adper\u00adty befo\u00adre, or at the latest at the time of, con\u00adclu\u00adding the contract.<\/p>\n\n\n\n
When con\u00adside\u00adring the issue of estate agent\u2019s com\u00admis\u00adsi\u00adon, buy\u00aders and sel\u00adlers should bear in mind the spe\u00adci\u00adfic natu\u00adre of the pro\u00adper\u00adty and, if in doubt, seek legal advice befo\u00adre sig\u00adning an agen\u00adcy agreement.<\/p>\n\n\n\n
Fede\u00adral Court of Jus\u00adti\u00adce (BGH), jud\u00adge\u00adment of 16 July 2026, Case No. I ZR 111\/25<\/strong><\/p>\n\n\n\n