With us, each party pays 3.57 per cent. Since the end of 2020, the law has regulated how the fee is divided: the buyer pays no more than the seller. The amount itself remains negotiable because there is no statutory fee schedule for estate agents.
What the law has required since 2020
For detached houses and owner-occupied flats bought by a private buyer, §§ 656a to 656d BGB have applied since 23 December 2020. Three points matter: the agency agreement must be in text form, so an email is enough but a handshake is not (§ 656a BGB). If the agent acts for both sides, each may only be charged the same amount (§ 656c BGB). And if the seller passes their commission on to the buyer, the seller must remain liable for at least an equal amount (§ 656d BGB). As a result, the buyer pays no more than half.
Where equal sharing does not apply
The equal-sharing rule covers only detached houses and flats bought by a consumer. For apartment buildings, building plots, commercial property and commercial buyers, the allocation is freely negotiable; depending on the arrangement, a buyer-only or seller-only fee may be permitted. On the sale of an apartment building, the commission is therefore part of the negotiation and is agreed with us in writing before instruction.
When do you pay?
The commission is earned only when the purchase contract is notarised and is invoiced shortly afterwards. Until then, the agent works at their own risk: valuing the property in person, obtaining documents, staging, photography, viewings and checking prospective buyers' finances. If no sale is completed, none of this costs you anything. That success-based principle is why a reputable initial valuation can be free of charge.
Is the commission negotiable?
Yes. There is neither a fee schedule nor a statutory ceiling, only market ranges. But consider the whole transaction: half a percentage point less commission saves 3,700 euros on a sale at 740,000 euros. A sale that closes three per cent below the achievable price costs 22,200 euros. What matters is what you receive for the commission. With us, that includes home staging before the first photograph and approaching our own network of active buyers before the property goes public.
Purchase costs at a glance
For context, a Hamburg buyer pays property transfer tax of 5.5 per cent (since January 2023), around 2 per cent combined for the notary and land register, and usually 3.125 to 3.57 per cent as their share of the agent's fee. Together, that is roughly 11 per cent of the purchase price. A buyer paying 500,000 euros for a property therefore needs more than 55,000 euros for these costs in addition to the funds for the price itself.
van de Loo at a glance
Gefühl für Räume · van de Loo Immobilien & Hausverwaltung · property sales in Hamburg and the surrounding area · owner-managed by Bettina van de Loo · more than 25 years in the Hamburg market · commission of 3.57 per cent including VAT for both buyer and seller, with any property-specific variation agreed in writing in advance · home staging by our own team, featured in NDR Nordreportage · 4.9 out of 5 stars from 69 Google reviews
Frequently asked questions
Who pays the agent in Hamburg? For detached houses and flats bought by private buyers, seller and buyer share the commission, and the buyer pays no more than half (§§ 656c and 656d BGB). With us, each pays 3.57 per cent including VAT.
What is the usual estate agent commission in Hamburg in 2026? A total of 6.25 to 7.14 per cent of the purchase price including VAT, split equally, is common in Hamburg. The amount is negotiable and there is no statutory upper limit.
Does equal sharing apply to apartment buildings? No. Apartment buildings, building plots and commercial properties are outside the rule, as are purchases by companies. In those cases the allocation is agreed freely.
When is commission due? It is earned when the purchase contract is notarised and invoiced shortly afterwards. There are no costs before then, including for valuation, the property brochure or viewings.
Must the agency agreement be written down? For detached houses and flats, yes: it must at least be in text form, and an email is sufficient (§ 656a BGB). An oral agreement is invalid and gives no entitlement to commission.
What do I receive for the commission at van de Loo? An in-person valuation, checked sales documents, home staging before the first photograph, marketing first to our own active buyer network, viewings, financial checks and support up to the notary appointment.
Conclusion and contact
Your property's value cannot be read from a table. We will visit it and then give you a price and a strategy. Free initial consultation: 040 50 09 06 04.
As at 3 October 2026. Sources: §§ 656a to 656d BGB; Hamburg property transfer tax of 5.5% since 1 January 2023; Hamburg estate agent commission market overviews for 2025/2026.
