Possible constellations in the current legal situation for letting: Who pays the broker’s commission?



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 situationWho 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.

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