Study agents' commissions in advance on their websites. The commission must be stated inclusive of value added tax. If no information is provided on the commission, the agent is in breach of the Price Indication Decree.
There is often room for negotiation in the list prices provided.
Most real estate agents charge their commission as a percentage of the sales price or debt-free sales price of the apartment. Many also set a minimum level for their commission.
Some agents may indicate a percentage that is lower than most others', but will then charge extra for the costs of advertising and preparing documents. If you choose an agent with this type of pricing structure, make sure that the assignment documents include an exact breakdown of costs and the estimated total fee amount.
The fee may only be charged from the party which has entered into a brokerage agreement - in most cases the seller.
A real estate agent may also be commissioned by a buyer to find a suitable apartment in a particular area. If both the seller and the buyer have a contract with the agent, the agency may only charge commission from one of them.
If the apartment is bought by a member of the real estate agency's staff, commission may not be charged.
Brokerage contracts usually include a standard provision on compensation after expiration of assignment This is meant to prevent sellers from circumventing the need to pay commission by postponing the conclusion of the sale to a date after the brokerage contract has expired.
Compensation after expiration of assignment may be collected by the agent when he has played a material role in the conclusion of the sale. Merely having brought the buyer to inspect the apartment does not constitute having played a material role. If an offer has been made and negotiations over the sale have taken place, the agent is entitled to compensation after expiration of assignment.
Compensation after expiration of assignment must be collected within a period of six months.