Who Pays the Real Estate Agent in Hungary?

How Commission Works Under Hungarian Law

Hungarian real estate commission is typically success-based. The agent becomes entitled to the fee only if their activity results in a valid sale contract signed before a lawyer (adásvételi szerződés).

Typical Commission Levels

For residential properties, the most common range is 3–6% + VAT, depending on the type of contract. In practice, this is often described as the ingatlanos jutalék or ingatlanközvetítő díja.

However, large value homes (100–200 million HUF and above) may attract lower, individually negotiated rates.

Agencies operating in the nationwide franchise model (for example, Otthon Centrum) tend to offer standardized packages. Buyers frequently ask “mennyi az Otthon Centrum jutaléka”—the answer varies by package, but the structure generally follows the national 3–6% frame.

Payment Method

The fee is commonly paid from the purchase price or, less ideally, from the foglaló (deposit). Buyers sometimes ask “a foglalóból jár-e az ingatlanközvetítőnek”. Legally, the source of the payment is irrelevant; what matters is whether the agent’s activity caused the successful sale.

Why Buyers Often Feel They Are the Ones Paying

Although the seller signs the brokerage agreement and is formally responsible for payment, most sellers simply add the expected commission to the asking price.

A typical example:

• Realistic market value: 48.5 million HUF
• Agent commission: 1.5 million HUF + VAT
• Listed price: 50 million HUF

In this scenario, even though the seller is the direct client, the buyer’s money ultimately covers the included commission.

From a legal standpoint, however, the responsible payer remains the party who instructed the agent—unless a separate buyer representation agreement is signed.

Commission Types: How the Contract Shapes the Fee

The size of commission is defined by the brokerage agreement (megbízási szerződés). The structure, exclusivity, and obligations in this contract matter far more than people realize.

1) Non-exclusive agency agreement

The seller may work with several agents or even sell independently. Because the agent bears higher risk (they may invest effort without being the one who finalizes the sale), commission rates tend to be highest here (4–5% + VAT).

2) Semi-exclusive agreement

Only one agent markets the property publicly, but the seller may sell it directly to a family member or acquaintance. Commission rates fall in the middle range.

3) Exclusive agreement

Only one agent may market the property. Because the listing is guaranteed, the commission often drops to 2–3.5% + VAT, and agencies provide additional services such as professional photography or premium advertising.

Who Pays If There Are Several Owners?

Commission is owed by the party who actually signs the brokerage contract. In jointly owned property sales, one owner often signs on behalf of all. Legally, that signing party becomes responsible for the fee, although co-owners may internally agree to split the cost.

Without such an agreement, internal disputes may arise—especially if one owner believes the agent was unnecessary.

Special Cases When the Buyer Pays

Although uncommon, buyers sometimes engage a broker to help them find a property. This is known as buyer representation. In these cases, the buyer pays the commission—usually a flat fee or a percentage of the purchase price.

In English queries, this is simply phrased as “who pays the real estate agent in Hungary,” and the answer is straightforward: the fee follows the contract. If the contract is with the buyer, the buyer pays.

Problematic Arrangements and Hidden Risks

Some market practices create confusion or even legal tension.

“Half-commission packages”

Some agencies offer a model where the seller and buyer split the fee. Although functional, it requires exceptionally clear contracts to prevent future disputes.

“Buyer pays” trick

Occasionally, an agency claims their service is “free for the seller,” then charges the buyer a full 3% + VAT fee. This is only lawful if the buyer has explicitly signed a contract authorizing this.

Commission charged without real involvement

A recurring misunderstanding arises when an agent demands a fee merely because a viewing occurred—even though they played no role in concluding the deal. Hungarian case law is strict: only an effective contribution to the completed sale creates entitlement.

When No Commission Is Owed

Understanding “mikor nem jár az ingatlanközvetítői jutalék” protects both sellers and buyers.

1) No sale contract was signed

This is the foundation of Hungarian brokerage law: no valid contract = no commission.

2) The brokerage agreement expired

If the property sells after the contract term ends, the agent is not entitled to the fee.

Exception: Many contracts contain a “protected buyer list,” meaning that if the property is sold within 6–12 months to a buyer previously introduced by the agent, commission may still apply.

3) The owner sells independently

Under a non-exclusive agreement, the seller may sell without the agent’s involvement. In that case, the agent has no claim.

4) The buyer withdraws before signing

A buyer might express strong intent, even offering a deposit, then withdraw before signing the lawyer-drafted sale contract. Without a signed sale agreement, the agent is not entitled to a fee.

5) Serious breach by the agent

If the agent fails to perform essential duties—advertising, scheduling viewings, or providing accurate property information—the contract may be terminable for cause, eliminating commission liability.

Why Legal Oversight Matters

A lawyer experienced in Hungarian real estate transactions does more than review the sale agreement. They also evaluate:

• the brokerage agreement
• deposit structure
• authenticity of viewing statements
• possible illegitimate fee claims
• risks in properties sold via multiple agents
• land registry issues, legal encumbrances, elővásárlási jog (right of first refusal)
• alignment with bank expectations and financing rules

For foreigners buying in Hungary, this legal oversight is indispensable.

Summary

Hungary’s 2025–2026 property market is shaped by tighter bank practices, digitalized land-registry filings through the E-ING system, and increased scrutiny of brokerage contracts. Misunderstandings about commission and viewing acknowledgments are now among the most common sources of disputes. Clear documentation protects both buyers and sellers from unjustified fee claims.