Confirmation of Verification (Real Estate Agent)

The Proof of Introduction is a document that a real estate agent provides to a prospective buyer, confirming that the agent has introduced a specific property to that buyer. It serves as evidence of the agent’s entitlement to a commission and typically includes the address, purchase price, and date of the introduction. Without such documentation, the agent will find it difficult to enforce their claim to a commission in the event of a dispute.

Legal Significance of the Proof of Referral

Under German real estate brokerage law (§ 652 BGB), the right to a commission arises as soon as the broker either identifies an opportunity to conclude a contract or facilitates the conclusion of a contract. The so-called “referral agent” thus earns their commission as soon as they first present the property to the buyer and the buyer subsequently concludes the purchase contract-regardless of whether the agent continues to be involved in the conclusion of the contract itself.

The confirmation of referral provides legal certainty here: it documents the date, the identity of the prospective buyer, and the specific property. If the prospective buyer signs the document, they thereby generally also accept the obligation to pay commission, provided that a corresponding brokerage agreement exists or has been agreed upon via the general terms and conditions.

Regarding the causal link between the referral and the conclusion of the contract: If a buyer is introduced to the property by the broker for the first time and subsequently purchases it, causality is generally established-even if many months elapse between the referral and the purchase. However, in the event of a dispute, the broker must be able to prove when they first showed the property.

Distinction from the Property Brochure and the Brokerage Agreement

The proof of disclosure is neither a brokerage agreement nor a property brochure, even if there may be overlaps in content. The brokerage agreement governs the basic relationship and the commission amount; the property listing describes the property; the proof of disclosure documents the specific moment of disclosure. In practice, many brokers hand over the property listing together with a combined proof of disclosure and brokerage agreement document-legally, however, these are separate elements.

Since the Brokerage Act (§§ 656a-656d BGB) came into effect in December 2020, strict written form requirements have applied to brokerage agreements for residential real estate. The confirmation of disclosure should be viewed separately from this, but should also be in writing to ensure evidentiary certainty.

Consequences for Buyers and Sellers

Anyone signing a confirmation of proof should be aware that they are thereby acknowledging the agent’s proof and accepting the obligation to pay commission subject to the condition that the contract is concluded. Buyers who have found the same property through other sources at the same time may find themselves in a situation where they owe double commission.

Important: Anyone who is already familiar with the property from another source should inform the agent of this before signing and document it accordingly. An existing property listing from another agent or an email confirming the earlier lead can rule out the commission liability with the second agent.

Careful documentation of leads is also important for sellers: It proves which agent showed the property to which buyer first-which can be decisive in disputes over the brokerage commission between competing interested parties.

Digital Proof and Electronic Documentation

In modern real estate practice, proof is increasingly documented digitally-for example, through email property listings with read receipts or through online platforms that log the time the listing was requested. While this data is not a substitute for a signed proof confirmation, it can provide supplementary evidence in the event of a dispute.

Practical Tip for Property Owners in Nuremberg and Franconia

We take a very transparent approach to proof of referral: Every prospective buyer receives a clear document from us containing proof of referral and commission information before we disclose the address or provide detailed documentation. This protects our sellers from future disputes over who first brought the property to the buyer’s attention-especially in an active market like Nuremberg, where properties are sometimes advertised through multiple channels simultaneously.

Our proof of referral confirmations are drafted to be legally sound and are always provided in conjunction with the brokerage agreement, ensuring that all parties involved have clarity regarding commission claims and amounts from the very beginning.

Frequently Asked Questions

Do I have to sign a referral confirmation?

Legally, there is no obligation to sign. However, many agents make the sharing of information contingent upon this. If you do not wish to sign the confirmation, you should clarify this in advance and, if necessary, consider another way to search for real estate.

What happens if I am already familiar with the same property from another agent?

In that case, you should immediately notify the new agent in writing-preferably with supporting documentation (e.g., an email from the first agent). In such a case, the second agent generally cannot claim a commission if they were not the cause of the contract being concluded.

Is the referral confirmation valid indefinitely?

No, in practice, commission claims expire if too much time has elapsed between the referral and the conclusion of the contract and the causal link can no longer be proven. The exact time limit depends on the circumstances of the individual case; courts often use one year as a guideline.

Can I avoid paying the commission by negotiating directly with the seller?

No, if you learned about the property through the real estate agent and were therefore able to conclude the purchase agreement. The commission claim arises from the referral-not from the agent’s involvement in the conclusion of the contract. Direct negotiations with the seller following a referral by the agent do not exempt you from paying the commission.

What information must a legally valid referral confirmation contain at a minimum?

A valid referral confirmation must contain at least: the complete address of the property referred, the name and address of the prospective buyer, the date of the referral, the approximate purchase price or rental terms (to uniquely identify the property), as well as a reference to the commission amount and its due date upon contract conclusion. It is also recommended to include a reference to the brokerage agreement on which the confirmation is based. Documents that contain only a listing number or a vague property description are vulnerable to challenge in the event of a dispute. We recommend that buyers review this information before signing and ask for clarification if anything is unclear.

Confirmation of Referral in the Nuremberg Market

In an active real estate market like Nuremberg, properties are often listed simultaneously across multiple portals and through various brokers. This increases the risk of duplicate proofs: A buyer inquires about the property with Broker A, receives a proof confirmation, and shortly thereafter receives an identical listing from Broker B. In this case, the earlier proof is decisive under commission law-provided it is properly documented. Buyers who find themselves in this situation should record the date of each proof in writing and, in case of doubt, disclose the first proof to both agents. In Nuremberg, such overlaps occur regularly, especially with well-marketed multi-family homes. In our marketing process, we work with clear, time-stamped proof documents to make this situation transparent and dispute-free for all parties involved.

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