Brokerage and transaction guide
How much is the real estate agent commission and who pays?
Real estate agent commission is not a transaction tax collected by the state, like title deed fees; It is the service fee determined by the contract in return for the purchase and sale intermediary service of the licensed business. The regulation sets an upper limit on the total service fee in sales; Who will pay how much should be read according to the written sharing order.
One-minute summary
What to remember before deciding
- Be aware that the total service fee in sales cannot exceed 4 percent of the sales price excluding VAT.
- Unless otherwise agreed in writing, ensure that the price is shared equally between the buyer and the seller.
- Show VAT, title deed fees and other transaction expenses separately from the commission rate.
- Review the authorization document, real estate showing document and purchase and sale intermediary agreement before payment.
- Check not only the rate, but also the bill and which service was completed under what condition.
Read the commission rate on two separate lines as the legal upper limit and the actual price in the contract
According to the Regulation on Real Estate Trade, the total service fee for the purchase and sale intermediary service cannot be more than 4 percent of the sales price in the intermediary contract, excluding value added tax. This rate is not a mandatory fixed fee, but an upper limit that should not be exceeded. The parties may agree on a lower price.
Unless otherwise agreed in writing, the total service fee is shared equally between the business owner and the buyer. In the general example this means 2 percent buyers and 2 percent sellers, excluding VAT. However, if the signed contract stipulates different sharing, the economic burden may vary accordingly, provided that it does not exceed the total upper limit.
Unless otherwise written, half of the upper limit, excluding VAT, falls on the buyer and half falls on the seller. The exact price should be seen in the contract.
Important distinction4 percent is not a floor price, but a total cap.Service fee and sharing can be clearly written and negotiated before signing; VAT must be shown separately.
See who will pay and the cash amount including VAT before signing
Just saying "2% commission" in the ad is not enough information for the total payment. Whether this rate is the buyer's share or the total price; It should be explained whether VAT is included or excluded and which figure of the sales price will be taken as basis. In the written offer, the service fee excluding VAT and the VAT to be applied should be included in separate lines.
For example, for a sales price of 10 million TL, the buyer's 2 percent service fee, excluding VAT, is 200 thousand TL. VAT is added to this at the applicable rate. The same transaction may include title deed fees, valuation fees or other services within the scope of consultancy; do not make them invisible in a single “commission” total.
| Pen | Base | Question to ask |
|---|---|---|
| Service fee | Brokerage agreement | Rate or constant amount? |
| VAT | Current rate on service bill | Is it included in the price or separately? |
| Title deed fee | Fees Law and assessment | Which side's share? |
| Additional service | Open scope and separate contract | Is it included in the brokerage fee? |
Separate the duties of the real estate showing document and the brokerage agreement
The Regulation stipulates the issuance of a real estate showing document when showing the real estate to the buyer and states that no fee can be requested in return for the showing service only. This document should include information about the business and consultant, the identity of the real estate, the viewing date and the service fee.
In case of proceeding with the sale, the parties to the purchase and sale intermediary contract must clearly define the real estate, sales price, payment method, service fee and sharing. Do not accept the so-called “industry standard” rate without seeing the document; Do not leave any blank space and receive the signed copy.
- Current authorization certificate number of the business
- Responsible real estate consultant and contact information
- Correct island, parcel, independent section and address
- Open calculation of sales price and service fee
- Buyer-seller sharing, VAT and invoice information
- Contractual provision regarding the time of completion of the service and payment
Maintain total cap even if there are multiple contracts in a transaction
Having a separate authorization agreement with the buyer and seller does not result in an unlimited number of service fees for the same sale. The regulation stipulates that only one service fee can be charged and that the total cannot exceed the upper limit set for sales. If there is more than one business working together, sharing should be resolved within the framework of the companies' own service partnership.
If a separate architectural evaluation, value survey or comprehensive purchasing consultancy is provided, its difference from brokerage service, its output and price should be clearly defined. Since the same job is not invoiced twice under different names; Make sure the boundaries of consulting and sales brokerage are clear.
- Total service fee for the same sale
- The role of coworking businesses
- The concrete scope of the intermediary service
- Output to be delivered if separate consultancy
- Contract, invoice and payment time for each item
Evaluate commission on service and transaction outcome, not just on rate
Good brokerage isn't just about showing the house. Authorization, presentation of accurate information, transmission of offers and counter-offers, understanding of the process by the parties and orderly progress of documents are part of the service. On the other hand, it should be clearly stated that architectural, legal and technical examination requires additional expertise.
Before payment, check at what stage the service is completed, what the contract says if the transaction does not occur, and which business will issue the invoice. In case of a dispute, keep the signed contract, demonstration document, offer, invoice and payment receipt in the same transaction file instead of message fragments.
The legal cap does not guarantee the quality of service or the same rate on every transaction.
Frequently asked questions
Clear, concise answers
01What is the percentage of real estate agent commission?
The total service fee in sales cannot exceed 4 percent of the sales price in the contract, excluding VAT. This is the upper limit; A lower price may be agreed upon. Unless otherwise written, the price is shared equally between the buyer and the seller.
02Is VAT included in the real estate agent commission?
The 4 percent upper limit in the regulation excludes VAT. The service fee and the applicable VAT must be clearly shown separately in the contract and invoice; It should be asked whether the rate in the announcement is included or excluded.
03Can I be charged just for showing the house?
The Regulation on Real Estate Trade states that no additional fee can be requested for the service of showing the real estate. The nature of the signed document and the subsequent intermediary service should be evaluated separately.