The following table shows an example of the situations in which the ordering principle applies and which of the parties involved pays the broker’s commission.
|Letting situation||Who pays the broker?|
|After the previous tenant has moved out, an apartment owner commissions a real estate agent to advertise the rental apartment and search for a new tenant.||The ordering principle applies here: because the owner commissions the brokerage, he also pays his commission.|
|A tenant is planning to move and hires a real estate agent to find an apartment for him. The realtor places search advertisements and contacts owners who have so far been offering their apartments without the involvement of a realtor.||If there is a written search order and the broker acts exclusively in the interests of the apartment hunter, he may also charge the agreed commission if successful.|
|A real estate investor offers office space for commercial use.||Since this is a commercial rental, the ordering principle does not apply. Depending on the agreement with the broker, the broker’s commission can be charged to the owner or the tenant.|