The Federal Court of Justice ruled that the 50-50 split of broker commissions does not apply automatically if the property is not a single-family house.
The Federal Court of Justice has strengthened the position of real estate brokers and sellers in disputes over commissions. According to the ruling published on Thursday, the statutory principle of splitting the broker commission 50-50 does not apply automatically if the property is objectively not a single-family house.
The 50-50 split continues to apply to single-family houses, meaning buyers and sellers each pay half the commission. When selling a multi-family house, the seller often pays nothing and costs can be negotiated.
The ruling sets strict conditions for any division of the commission. A buyer who wanted to purchase a two-family house for sole use receives no automatic reduction in the fee.
