List of Properties

The property listing is the first and fundamental service provided by a real estate agent under real estate brokerage law: it identifies a specific property to the client as available for purchase or rent, thereby establishing the causal link between the agent’s services and the subsequent conclusion of a contract. Without a verifiable property listing, the agent has no claim to a commission, even if a purchase agreement is concluded. The term is closely linked to real estate brokerage law (Sections 652 et seq. of the German Civil Code (BGB)) and the conditions under which a commission arises.

Legal Requirements for Property Identification

For property identification to be valid, the agent must identify a property to the prospective buyer in such concrete terms that the buyer is able to independently contact the owner-typically by providing the address or a clear description. General descriptions without an address (e.g., “multi-family home in Nuremberg-Langwasser, 8 units, built in 1975”) may also qualify as proof under certain circumstances if the property is thereby uniquely identifiable.

The proof must be the causal factor for the subsequent conclusion of the contract (causality). If the prospective buyer terminates the brokerage relationship and purchases the property on their own, the right to commission generally still applies if the broker established the initial contact.

No right to commission exists in the following cases:

• Prior knowledge: If the prospective buyer was already aware of the property (address, owner) before contacting the broker, causality is lacking.
• Interruption of causality: If the prospective buyer found the property through an independent search unrelated to the broker’s referral, causality may be interrupted-however, this is determined on a case-by-case basis by the courts.
• Lack of a brokerage contract: Without a valid brokerage contract (commission agreement), there is no entitlement to a commission, even if a referral was made.

Proof of Property Versus Proof of Brokerage

Real estate brokerage law distinguishes between proof of property (proof of the opportunity to purchase) and proof of brokerage (the broker’s active role in bringing about the conclusion of the contract). Both activities, if successful, give rise to a claim for commission. In practice, proof of property listing is more commonly relevant: A broker who lists the property in their brochure and thereby first brings the property to a buyer’s attention has provided proof-regardless of whether they actively participate in the contract’s conclusion.

In the case of brokerage, however, the broker goes a step further: They bring the buyer and seller together, coordinate negotiations, and actively work toward the conclusion of the contract. This establishes an independent claim to commission, even if no written listing was sent.

Proof of Listing, Protection Against Double Commissions, and the 2020 Reform

The “buyer-pays” principle in residential tenancy law (since 2015) and the sharing of the real estate agent’s commission in residential property sales (since 2020) have altered the significance of proof of listing. Since the new legal regulations took effect, a real estate agent may charge the buyer no more than the same commission as that charged to the seller in a home purchase-and must first provide proof of their own payment before they may demand a commission from the buyer.

Risks of double commissions arise when multiple agents provide the same proof of listing to the same prospective buyer. In practice, this happens when an owner engages multiple agents on an open-ended basis-all of whom then have the property listing in their portfolio and send it simultaneously to the same prospective buyer. We work with clear documentation of proof of listing and protect our clients from unexpected multiple claims through unambiguous contract terms.

Documentation of Property Referrals in Practice

Documentation is crucial in the event that the commission claim becomes disputed. The following have proven effective:

• Written property description sent via email with read receipt
• Viewing confirmation with date and property address
• Brokerage agreement with date
• CRM system entry with timestamp

We document all proofs comprehensively in our CRM system. This protects us in the event of a dispute and allows us to demonstrate the causal link between the proof and the conclusion of the contract.

Practical Tip for Property Owners in Nuremberg and Franconia

Anyone in Nuremberg who wants to sell a property without an agent and has previously commissioned multiple agents to provide property listings risks facing commission claims based on property referrals-even if they ultimately found the buyer themselves. Have each agent confirm in writing which properties were referred and clarify whether an exclusive listing or an open listing exists. With an exclusive listing, only one agent is authorized to refer prospective buyers-this reduces the risk of competing commission claims.

We prefer to work with exclusive listings and, in return, offer owners professional marketing, clear documentation of referrals, and legally sound contract drafting.

Frequently Asked Questions

Can an agent charge a commission if I was already familiar with the property?

No, if you can prove that you were already familiar with the property before contacting the agent. The proof must be causally linked to the conclusion of the contract. If you already knew the address and the owner, the causal link is missing, and thus the commission claim is invalid. The burden of proof lies with the prospective buyer who claims prior knowledge-and they must be able to prove it.

Does the property referral have to be in writing?

Not mandatory, but strongly recommended for evidentiary purposes. In practice, the referral is made via a written property description or an email containing the property address. Verbal referrals are difficult to prove and often lead to disputes. We document all referrals comprehensively in our CRM system.

How long is a property referral valid?

There is no statutory time limit. If the referred prospective buyer purchases the property even two years after the initial contact, the commission claim may still apply-provided the decision to purchase is causally based on the original referral. Case law is not uniform on this point; in practice, a very long period of time weakens the presumption of causality.

What happens if a property is referred by multiple agents?

In principle, only one agent can claim a commission from the buyer-the one whose referral was the cause of the contract being concluded. In the case of competing referrals, the agent who made the first referral must be able to prove their priority in the event of a dispute. This problem does not arise in clear exclusive listing situations.

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