Real estate agent

A real estate agent is a professional who, in exchange for a commission (brokerage fee), acts as an intermediary in real estate transactions-purchases, sales, or rentals-between owners and prospective buyers. The agent serves as a neutral intermediary who determines market-based prices, markets properties, organizes viewings, screens prospective buyers, and supports both parties through the process until the contract is signed. In Germany, real estate brokerage is subject to licensing under Section 34c of the German Trade Regulation Act (GewO); since 2020, there has also been a requirement for professional competence under the Real Estate Broker and Developer Act.

Services of a Professional Real Estate Agent

A qualified agent offers far more than just placing an ad: They prepare a well-founded market price assessment, develop a professional marketing strategy (property description, photos, virtual tours, platform selection tailored to the target audience), vet the creditworthiness of prospective buyers, and coordinate the notary appointment and closing. Good agents have a robust network of prospective buyers, investors, financing partners, notaries, and tradespeople. They identify defects that could affect the purchase price and advise on negotiation strategies.

Other important services include: arranging energy performance certificates, reviewing land registry extracts and the register of encumbrances, preparing for the handover and documenting the process, as well as providing after-sales support. A good real estate agent guides their clients through the entire process and remains available as a point of contact even after the notary appointment.

Real Estate Agent Commission and Legal Regulations

Since December 23, 2020, the law on commission sharing for real estate purchases has been in effect: When brokering single-family homes and condominiums to consumers, the real estate agent may only charge the buyer and seller equal shares of the commission. In Bavaria, 3.57% of the purchase price including VAT is typically paid by each party (totaling 7.14%). For rental properties, the “principle of the party commissioning the agent” applies: whoever hires the agent pays the commission. For commercial leases, the commission is freely negotiable.

The commission model ensures that the real estate agent only receives compensation if they demonstrate success-the effective conclusion of a purchase agreement. Pure consulting services without a completed sale are generally not subject to compensation, unless a separate consulting fee has been agreed upon.

What Owners Should Look for When Choosing a Real Estate Agent

Not all agents offer the same quality. The key factors are: local market knowledge (knowledge of price levels, demand trends, and buyer segments in individual neighborhoods), qualifications (Chamber of Commerce certification, continuing education, membership in professional associations such as the IVD), references and demonstrable sales success, transparency in contract drafting and commission structures, as well as a professional demeanor and empathetic communication. A good real estate agent takes the time for a thorough initial consultation and does not pressure you into rushing into a contract.

Also note: Since 2021, real estate agents have been required to provide proof of professional liability insurance and complete regular continuing education. Ask potential agents about their IHK certification and their membership in professional associations-these are reliable indicators of quality.

Digital Marketing: What Modern Agents Offer Today

The real estate market has gone digital-and with it, the requirements for professional marketing. In addition to traditional portals like Immobilienscout24 and Immowelt, professional drone footage, 3D floor plans, virtual tours (Matterport or similar technologies), and targeted social media advertising (Facebook, Instagram, LinkedIn for investment properties) are now standard. A good real estate agent knows which target audience to approach for which property and tailors the marketing mix accordingly.

The off-market approach is particularly valuable: Experienced agents maintain their own database of pre-registered prospective buyers. When a new property is listed, they can first offer it privately to this group of interested parties-without a public listing. This protects sellers who wish to act discreetly and often ensures a quick sale at market-driven prices.

The Brokerage Agreement: What Sellers Should Look Out For

Before the collaboration begins, sellers and brokers enter into a brokerage agreement. This agreement governs the term, commission, the agreed-upon asking price range, and any special conditions. Key points in the brokerage agreement: Is it an exclusive agency agreement (the agent markets the property exclusively; the seller may not sell it themselves) or a simple exclusive listing (the owner may sell the property themselves without owing a commission)? How long does the agreement run, and is there a notice period? What specific marketing measures are promised?

Reputable agents present the contract transparently, explain all clauses, and agree on realistic terms. We advise against excessively long commitment periods without performance guarantees.

Practical Tip for Property Owners in Nuremberg and Franconia

At my-home.de, we specialize in brokering residential and investment properties in Nuremberg, Fürth, Erlangen, and the entire metropolitan region. Our market expertise spans from Nuremberg’s Old Town through neighborhoods such as St. Johannis, Schweinau, and Langwasser to the districts of Roth, Schwabach, and Neumarkt. We provide property owners with a free, no-obligation market valuation-serving as a solid foundation for their decision on when and how to market their property.

We value transparency and clear communication: no pressure, no inflated asking prices to attract customers, and no contractual obligations without mutual trust.

Frequently Asked Questions

As a seller, do I have to hire a real estate agent?

No, a private sale is always possible. However, professional marketing by a real estate agent has been proven to increase the likelihood of achieving a market-rate or higher price and to make the sales process faster and smoother. The additional proceeds usually offset the agent’s commission.

How long does working with a real estate agent take?

That depends on the property, market conditions, and pricing strategy. In the current market environment in Nuremberg, well-marketed properties typically take 4-12 weeks to reach the notary appointment. We rely on a realistic pricing strategy that accelerates the sale.

What happens if the real estate agent doesn’t sell the property?

As a rule, no agent’s fee is due if no contract is concluded (success-based fee structure). Advertising costs incurred by the agent may be borne by the agent, depending on the agreement. We clearly address these points in the brokerage contract.

Can I hire multiple agents at the same time?

An exclusive listing limits marketing to a single agent, who invests more heavily in the property as a result. A standard brokerage agreement allows for multiple agents working in parallel-as well as private sales-and reduces the incentive for the individual agent to invest intensively. We recommend the exclusive listing for a defined period, as it has been proven to lead to better results.

Back to the Real Estate Glossary.