Estate agency fees
The commission earned by the estate agent for brokering the transaction, freely set as a percentage of the sale price or a flat fee. Depending on whether the fee is charged to the seller or the buyer, there are different consequences for transfer taxes and the basis for notarial fee calculation. The broker identifies who bears the fee to accurately compute the required financing.
Key points
- Freely set by the agent, often between 3% and 8% depending on the market and property.
- Regulations require transparent disclosure: amount including VAT, and who bears the cost.
- Affect the transfer-tax calculation base depending on which party bears the fees.
- Negotiable, particularly for high-value properties or exclusive mandates.
Frequently asked questions
How do agency fees influence notarial fees?
When agency fees are borne by the buyer, they are not part of the net seller price and are therefore excluded from the transfer-tax and notarial-fee calculation base. The result is lower notarial fees. If fees are charged to the seller, the FAI price equals the net seller price and transfer taxes apply to the higher amount.
Can agency fees be included in the mortgage loan?
As a general rule, banks do not include acquisition costs (agency fees + notarial fees) in the main mortgage for a primary residence: these must be covered by the personal deposit. For rental investment, some banks will include them in the financing package if the file is strong. The broker examines this option on a case-by-case basis.
How do you compare two properties, one listed at FAI price and the other at net seller price?
Both properties must always be brought to the same reference point, preferably the total buyer cost (net seller price + agency fees + notarial fees). A property listed at net seller price may appear cheaper but involve higher separate agency fees. The broker reconstructs the total cost for both options before any comparison.
In practice
An apartment is sold at €300,000 FAI with a 6% buyer fee (€17,143 net). The net seller price is €282,857. Transfer taxes are calculated on €282,857, not €300,000: the buyer saves approximately €990 in taxes compared with a seller-borne fee structure.
Official sources
- What must a real estate sale listing indicate? · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL