12 questions to ask an estate agent before you hire them

The choice of estate agent often decides the price, the duration and the stress of a sale. Quality in the industry varies widely. With these twelve questions you can separate professionals from mere advertisers – and we are happy to be measured against them too.

Modern villa with a garden at dusk – 12 questions to ask an estate agent before you hire them

This guide in one minute

The key points of this guide as a short video. All details and worked examples are in the text below.

No narration, background music only.

Inhalt dieser Seite (20)
  1. 1. Do you have a licence under § 34c GewO?
  2. 2. How well do you know my area?
  3. 3. How do you determine the asking price?
  4. 4. How long does a sale take with you on average?
  5. 5. How will you market my property?
  6. 6. How do you check prospective buyers?
  7. 7. Who will be my contact?
  8. 8. How often will I receive updates?
  9. 9. How much is the commission, and who pays it?
  10. 10. What is the term of the agency agreement?
  11. 11. What happens if the property does not sell?
  12. 12. What do you do after the notary appointment?
  13. Warning signs: when you should become suspicious
  14. Comparing three agents: a simple evaluation sheet
  15. How to prepare for the initial meeting
  16. What the agency agreement should contain
  17. Additional questions for commercial and investment properties
  18. Questions buyers should ask an estate agent
  19. What a good agent should deliver in the first month
  20. Reading reviews and references correctly

Key points at a glance

  • A reputable estate agent needs a licence under § 34c of the Trade Regulation Act (Gewerbeordnung) and must undertake regular further training.
  • Ask for references in your area and for the average marketing period.
  • Be careful with agents who try to win the instruction with inflated price promises.
  • A sole agency agreement with a fixed, manageable term is normal – long commitments without a description of services are not.
  • Ask specifically how prospective buyers are checked before viewings.

1. Do you have a licence under § 34c GewO?

Estate agents (Immobilienmakler) need an official licence. It requires reliability and orderly financial circumstances. Agents must also complete at least 20 hours of further training within three years. Details of the licence and the supervisory authority are given in the legal notice (Impressum).

2. How well do you know my area?

Ask about sales in your street, your neighbourhood, your municipality. An agent from Munich does not know the market in Selb or Kronach – one with regional roots does.

3. How do you determine the asking price?

A good agent explains their valuation transparently: comparable sales, the standard land value (Bodenrichtwert), condition, demand. You should become suspicious if someone promises a particularly high price without a viewing. This is often a tactic to win the instruction – followed by price reductions later.

4. How long does a sale take with you on average?

The marketing period shows whether an agent sets realistic prices and is well connected. At FrankenImmo it is around 85 days.

5. How will you market my property?

Portals alone are not a strategy. Ask about photography, the brochure (Exposé), targeting the right audience, registered buyers and off-market options.

6. How do you check prospective buyers?

Viewings only with buyers who have been checked in advance save time and prevent notary appointments from falling through. Ask specifically: do you require confirmation of financing?

7. Who will be my contact?

Changing case handlers or a call centre are a warning sign. You need someone who knows your property and can be reached.

8. How often will I receive updates?

Good agents report regularly: enquiries, viewings, feedback from prospective buyers, need for adjustments. Weekly is a good standard.

9. How much is the commission, and who pays it?

For flats and detached houses, the statutory principle of equal sharing (Halbteilungsprinzip) applies. Have the commission and the services included confirmed in writing. More on this under Estate agent commission in Bavaria.

10. What is the term of the agency agreement?

A sole agency agreement (Alleinauftrag) with a term of three to six months is normal. It motivates the agent to invest in photos and marketing. Be careful with long terms without a clear description of services and a way to terminate.

11. What happens if the property does not sell?

A reputable agent says openly when a property does not fit the market – and suggests alternatives: price adjustment, letting, renovation, sale to investors.

12. What do you do after the notary appointment?

Handover, handover report, meter readings, change of registrations: ask whether the agent is still there for you after the signature. You will find our answer under After-sale service.

Warning signs: when you should become suspicious

Warning signWhy it is a problem
Price promises without a viewingThe price serves to win the instruction, not to sell – price reductions follow
Contract term of more than twelve monthsYou are tied in even if nothing happens
No written description of servicesYou cannot claim anything later
Reservation or processing feesusually inadmissible according to case law
Pressure to sign immediatelyreputable agents give you time to think
No legal notice, no details of the 34c licencerequired by law – if something is missing, more is missing
Portals as the only marketingno buyer database, no network
Unsolicited cold calls with "a buyer for your house"often an acquisition ploy without a real buyer

Comparing three agents: a simple evaluation sheet

Invite two or three agents to an initial meeting and rate each point from 1 (weak) to 5 (convincing):

CriterionAgent AAgent BAgent C
Valuation explained transparently with comparable sales
Knowledge of the location and target group
Concrete marketing concept with a timetable
Buyer checks before viewings
Fixed contact person, availability
Transparent commission and contract term
References and verifiable reviews
Gut feeling: do I trust this person?

Important: the agent with the highest price is not automatically the best. Ask how the price was derived – and how often this agent has had to lower their starting prices later.

How to prepare for the initial meeting

A good initial meeting takes 60 to 90 minutes and takes place at the property. Have ready whatever you have: land register extract (Grundbuchauszug), floor plans, energy performance certificate (Energieausweis), a list of modernisation work and, for flats, the latest minutes of the owners' meeting. Think beforehand about:

  • By when do you want or need to sell?
  • Is there a minimum price below which you will not sell?
  • Should the sale be discreet, i.e. without a public advertisement?
  • Who else has to take part in the decision (spouse, co-heirs, bank)?
  • Do you still need time in the property after the sale?

The clearer your answers, the more precisely an agent can propose a suitable strategy. You will find a complete list of documents in the Checklist for sellers.

What the agency agreement should contain

An agency agreement for a flat or a detached house must be concluded in text form. Make sure that at least the following is covered:

  1. Property with address and land register details
  2. Type of instruction (simple instruction or sole agency) and term
  3. Commission amount including VAT and how it is split between buyer and seller
  4. Services of the agent: valuation, photos, brochure, portals, viewings, reports, notary preparation
  5. Asking price and who decides on price changes
  6. Termination and extension
  7. Information on the right of withdrawal, if the contract is concluded away from business premises or by distance communication

Full details on commission and types of contract in the guide Estate agent commission in Bavaria. How an estate agent works is described in The role of the estate agent.

Additional questions for commercial and investment properties

When selling an apartment building or a commercial property, further questions arise:

  • Which investors do you work with, and how many of them are looking in my size bracket?
  • Can you set up a data room with leases, schedules of areas and service charge statements?
  • How do you handle confidentiality – do prospective buyers sign a confidentiality agreement?
  • Do you value using the income approach (Ertragswert), and which multipliers do you apply?

Our answers to these are under Investor matching and Selling commercial property.

Questions buyers should ask an estate agent

As a buyer you also deal with the agent – who has usually been instructed by the seller. These questions will help you:

  1. How long has the property been on the market, and has the price already been reduced? A long time on the market can mean room for negotiation.
  2. Why is the owner selling? Inheritance, relocation, separation – the reason can affect the timetable and flexibility.
  3. Which documents are available? Land register extract, energy performance certificate, building permits and, for flats, the minutes.
  4. Are there any known defects? A reputable agent gives honest answers and records them.
  5. How many interested parties are there? This helps you judge how quickly you need to decide.
  6. How does the commission work? For flats and detached houses, buyer and seller share the commission.
  7. Can I come a second time with a surveyor? The answer should always be "yes".

What a good agent should deliver in the first month

An agency agreement is a promise. Whether it is kept can be seen in the very first month:

WeekWhat you can expect
1Viewing, valuation with reasoning, list of documents, contract documents
2Photos, floor plans, brochure for approval, energy performance certificate commissioned
3Start of marketing: direct approach to registered buyers, then portals
4First report: enquiries, viewings, feedback, recommendation

If these steps do not happen, raise it. An agent who has not taken any photos after four weeks will not get any faster later either.

Reading reviews and references correctly

Online reviews give an impression, but they are not everything. Check whether reviews are specific (process, duration, contact person) or just generally positive. Ask about reference properties in your area that you can look at. And do not let yourself be impressed by figures that are not backed up. How we work and what clients say about us can be found under Client testimonials and Case studies.

Frequently asked questions

May I talk to several agents at the same time?

Yes, before hiring one this is normal and sensible. Once you have signed a sole agency agreement, however, you should not instruct another agent. A consistent presence on the market is important for a successful sale.

Should I choose the agent with the lowest commission?

Not automatically. More important than one percentage point less commission is the price and the certainty an agent achieves. An agent who sells quickly at a good price often turns out cheaper in the end than one who charges little and delivers little.

May an agent charge a fee if the property is not sold?

As a rule, no. The commission depends on success. Expense allowances are only permitted within narrow limits and if expressly agreed; reservation or processing fees in general terms and conditions are usually invalid.

How can I tell whether an agent is promising prices that are too high?

Ask about comparable sales, not asking prices. A reputable agent can explain how they arrived at their value and also names the weaknesses of your property. If one offer is far above the others without a comprehensible justification, caution is advisable.

How many agents should I invite for a meeting?

Two to three is a good number. More meetings rarely bring new insights but cost time – and you can easily lose track of differing price statements.

Does an estate agent have to be a member of an association?

No, membership of an association is voluntary. What is required by law is the licence under § 34c GewO and the obligation to undertake further training. Membership of an association can be an additional indication of quality standards, but it does not replace a personal impression and verifiable references.

Is a sole agency agreement sensible?

In most cases, yes. If several agents advertise in parallel, the property appears several times on the portals at different prices. That looks unprofessional and weakens the negotiating position.

Can I terminate an agency agreement?

A fixed-term sole agency agreement ends when the term expires. Early termination is possible if the contract provides for it or there is good cause. Check the termination provisions before you sign.

Sources & further reading

  • gesetze-im-internet.de – § 34c Trade Regulation Act – licensing requirement for estate agents
  • gesetze-im-internet.de – Estate Agents and Property Developers Ordinance (MaBV) – obligations and further training
  • bayreuth.ihk.de – Chamber of Commerce and Industry for Oberfranken Bayreuth – supervision and further training for estate agents
  • verbraucherzentrale.de – Verbraucherzentrale (consumer advice centre) – tips on choosing an estate agent

What is your property worth today?

A market-based valuation using real comparable sales from Upper Franconia – free, without obligation, usually within 48 hours.

  • One personal contact for all of Upper Franconia
  • Reply usually within 24 hours

Request a free valuation

Reply usually within 24 hours · no obligation & free of charge