Estate agency: how much it charges on sales and rentals, and when you pay
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What the commission is and who pays itHow much the agency charges: what the law saysWhen you pay: sales and rentalsExample with round numbersWhen the agency can ask for money and when it cannotThe tax deduction for a first homeAnd if the home comes via the notary?In practiceFrequently asked questionsSourcesThe commission (provvigione) is the fee the estate agency charges for its work as intermediary. There is no single percentage that applies to everyone: the amount is agreed with you in writing. If it has not been agreed, the professional tariffs or the customs of the Chamber of Commerce apply. For a sale, as a rule, the commission falls due when the preliminary contract (preliminare) is signed, not at the notarial deed (rogito).
What the commission is and who pays it
The commission (provvigione) is the sum the agency earns for putting you in contact with the other party and for bringing the transaction to a successful conclusion. In everyday language it is also called «commissione» or «mediazione». It may be payable by you, by the seller, or by both, depending on the mandate you sign.
The Italian Civil Code states that the estate agent, that is the intermediary (mediatore), is entitled to the commission when the contract is concluded as a result of their intervention (art. 1755 c.c.). The right therefore arises from the result, not from the fact that the agency has shown you properties.
How much the agency charges: what the law says
The law does not set a figure valid for all transactions. If the commission has not been agreed, the amount is that of the professional tariffs or the customs of the Chamber of Commerce. For this reason, before signing anything, you must have the figure or percentage in writing in front of you.
The most important rule concerns an intermediary who is not registered. The agent must be registered in the REA (Repertorio Economico Amministrativo) at the Chamber of Commerce (law 39/1989). If they are not registered, they are not entitled to the commission. You can check this by asking for their registration number and verifying it in the Chamber of Commerce register.
When you pay: sales and rentals
For a sale, the typical moment is the signing of the preliminary contract (compromesso). At that point the contract between seller and buyer becomes binding, and the commission falls due. If the notarial deed (rogito) then does not take place, the agency's right may be disputed, and it depends on what you signed. For this reason it is good that the mandate states precisely when payment is due.
For a rental, the mandate in writing decides the moment. In the absence of a different rule, the right arises when the lease is concluded thanks to the agency. Read the document before signing it and note the date on which you would have to pay.
In the notarial deed of sale, the notary has the parties declare whether there was an intermediary and how much was paid (art. 35, para. 22, d.l. 223/2006). The amount paid to the agency therefore does not stay hidden: it appears in the deed.
Example with round numbers
Example. You are buying a home for €100,000. In the mandate you signed a commission of €5,000 payable by you.
- You sign the preliminary contract: the agency would earn the commission of €5,000.
- If the contract reaches the notarial deed, the sum is the one agreed.
- The notary records in the deed that there was an intermediary and the amount you paid.
If instead the mandate provided for payment only at the notarial deed, the date changes, but the figure remains the one written down. Remember that the agency's cost adds to taxes and notary fees, so it is worth factoring it in from the start.
When the agency can ask for money and when it cannot
Always ask for a written mandate before starting the viewings. The document must show: the name of the agency, its REA registration number, the amount of the commission, the moment of payment and who pays it.
Stop and ask for explanations in writing if the agency asks you for sums of money without a signed contract, or before anything has been concluded. To understand what happens to a sum already paid, read the difference between caparra confirmatoria e caparra penitenziale and the case of the acconto o caparra se salta la vendita. The right to a refund depends on the contract you signed.
If the transaction does not go through, ask for the return of sums that are not owed in writing. Keep receipts, emails and messages. If the dispute is not resolved, you can turn to a lawyer.
The tax deduction for a first home
If you buy a first home (prima casa), the law provides for an IRPEF tax deduction of 19% on the commission paid to the estate agent (art. 15, para. 1, letter b-bis, TUIR). The deduction is calculated on a maximum amount of €1,000: at most you can recover €190 of tax.
Example. Commission paid: €1,000. Deduction: 19% of €1,000 = €190. If you paid €5,000, the deduction is still calculated on the maximum of €1,000, so it remains €190.
To obtain the deduction you must be able to prove payment: keep the invoice or receipt and proof of the transfer. Check with your accountant how to include it in your tax return (dichiarazione dei redditi).
And if the home comes via the notary?
In the notarial deed, the notary deals with the deed and the formalities. The agency's commission, however, is a separate relationship: it is not paid by the notary and is not calculated by them. Whoever signs the mandate is bound to pay it on the written terms. To understand the role of the notary and their costs, read quanto costa il notaio per comprare casa.
In practice
- Ask for the written mandate before the first viewing, with the figure and the moment of payment.
- Check that the agency is registered in the REA: the number must appear in the documents.
- Note the date of the preliminary contract or the rental contract: it is almost always the moment when the commission falls due.
- Keep the invoice or receipt: you will need them for the deduction if you buy a first home.
- Read how the proposta d'acquisto works before signing anything.
Frequently asked questions
How much does the estate agency charge for a sale?
There is no figure valid for everyone. The commission is agreed with the agency in writing. If it has not been agreed, the professional tariffs or the customs of the Chamber of Commerce apply. Always ask for the exact figure before signing.
Do I have to pay the agency if I buy a home without the agency having shown me the property?
The right to the commission arises when the contract is concluded as a result of the agency's intervention (art. 1755 c.c.). If the agency had no role in concluding the deal, it usually has no right to the commission. In your specific case, check with a lawyer what your mandate says.
Can I refuse to pay the agency if it is not registered in the REA?
If the agent is not registered in the REA at the Chamber of Commerce, they are not entitled to the commission (art. 6, para. 2, law 39/1989). Check the registration number before signing and, if in doubt, ask for explanations in writing.
Sources
In the same chapter
- Renting a home: what to know before you sign (termination, TARI, tax deductions)Before you sign a rental: type of contract, termination with 6 months' notice, TARI payable by whoever lives in the home, deposit of no more than 3 monthly rents.
- Short-term rentals: 2026 rulesShort-term rentals last 30 days at most: flat-rate rental tax (cedolare secca) of 21% on the first flat, 26% from the second to the fourth, and the CIN code is mandatory.
- Rent to buy (affitto con riscatto)With rent to buy you pay rent and commit to buying later. Here is what you sign, how much deposit you pay and when the estate agent is entitled to their commission.
General information, not legal or tax advice: the law and the notice of sale prevail.
