Real Estate Agent Collects Commission From Both Buyer and Seller in Turkey: Is It Legal? (2026 Updated Guide)

Can a real estate agent charge commission to both the buyer and seller in Turkey? Learn the commission rules, contractual limits, excessive fees, deposits, evidence, refund claims and legal remedies available to foreign buyers and property owners.

Foreigners buying or selling property in Turkey are sometimes surprised to discover that the real estate agent expects a commission from both sides of the transaction. This does not automatically make the commission unlawful. A real estate brokerage relationship may create payment obligations for both buyer and seller, depending on the brokerage arrangement and applicable rules. However, whether a particular payment is legally recoverable depends on more than the agent simply saying that “both sides always pay.” The parties should examine the brokerage agreement, agreed commission, applicable legal limits, whether the transaction was actually concluded through the agent’s activities and whether additional amounts were collected under descriptions such as consultancy fee, service fee or reservation fee.

Can a Real Estate Agent Charge Both Buyer and Seller?

Potentially, yes. The fact that a real estate agent receives remuneration from both parties does not by itself establish illegality.

The real questions are whether the agent was legally entitled to remuneration from each party and whether the amount demanded complies with the applicable contractual and regulatory framework.

Is the Commission Automatically Split Equally?

The parties should not assume that every transaction necessarily produces an identical payment obligation for buyer and seller. The brokerage agreement and applicable rules should be reviewed.

A foreign buyer should ask for the commission arrangement in writing before signing a reservation document or transferring money.

What Is the Maximum Real Estate Brokerage Fee?

For property sales, the regulatory framework governing real estate brokerage establishes limits on the total service fee that can be charged for brokerage activity. The calculation should be reviewed against the sale price excluding value added tax and the specific transaction.

Agents should not circumvent an applicable commission ceiling merely by changing the name of part of the payment.

Can the Agent Charge an Additional “Consultancy Fee”?

This depends on whether a genuinely separate service was provided and lawfully agreed.

Calling part of the ordinary brokerage commission a “consultancy,” “file,” “VIP service,” “transaction,” or similar fee does not necessarily make an otherwise excessive charge valid.

The substance of the service should be examined.

Foreign Buyers Should Request a Written Breakdown

Before paying, request documentation showing the property sale price, brokerage commission, applicable tax, amount payable by the buyer, amount payable by the seller and any separately claimed services.

This can prevent disputes at the title transfer stage.

Is a Written Brokerage Agreement Important?

Yes. The agreement can become central evidence concerning who retained the agent, what services were promised, commission amount, payment trigger, exclusivity and the consequences if the transaction does not close.

Foreign clients should obtain a copy of every document they sign.

Never Sign a Turkish Document Without Understanding It

A foreign buyer or seller should not sign a brokerage agreement simply because the agent describes it verbally in another language.

The actual Turkish document may contain commission obligations, penalty clauses, exclusivity provisions or other terms that were not explained orally.

When Does the Agent Earn the Commission?

This question depends on the brokerage relationship and facts of the transaction. A key issue is whether the broker’s activities resulted in the parties concluding the relevant agreement.

If the sale never occurred, the agent’s entitlement should be examined rather than automatically accepting a demand for the full commission.

What If the Buyer Changes Their Mind?

Withdrawal by the buyer does not automatically produce the same result in every case.

The brokerage agreement, stage of negotiations, existence of a binding property transaction and any separately agreed obligations should be examined.

What If the Seller Refuses to Complete the Sale?

A foreign buyer should distinguish between money paid to the seller and money paid to the broker.

If the seller withdraws, the buyer may potentially have claims arising from the underlying property transaction, while the agent’s entitlement to retain a commission or other payment requires separate analysis.

Reservation Fee and Commission Are Not Necessarily the Same

Foreign buyers are frequently asked to pay a “reservation fee” to remove a property from the market.

The legal nature of this payment should be identified clearly. Is it part of the purchase price, brokerage commission, contractual deposit or another payment?

The answer affects who must return it if the transaction fails.

Who Actually Received the Money?

This can become decisive in litigation.

Preserve the bank transfer showing whether payment went to the seller, real estate agency, individual agent, developer or another company.

Avoid making substantial property-related payments to unexplained personal bank accounts.

Cash Commission Payments Create Evidence Problems

If commission is paid in cash, obtain a proper receipt identifying the payer, recipient, amount, date, property and purpose.

A foreign client who later alleges that an excessive amount was collected may otherwise face an avoidable evidentiary dispute.

What If the Agent Collects the Seller’s Commission From the Buyer?

If the buyer is asked to pay an amount that economically represents both sides’ commission, the contractual basis should be examined carefully.

An agent should not simply transfer another party’s obligation to the foreign buyer without a valid legal basis.

Can the Seller Agree to Pay All Brokerage Costs?

The parties may structure their commercial relationship subject to mandatory legal limitations. The written documents should clearly reflect the arrangement.

The agent’s regulatory entitlement and the allocation agreed between buyer and seller should nevertheless be distinguished.

What If the Agent Hides the Commission Until the Title Transfer?

Unexpected commission demands immediately before title transfer are particularly problematic because the foreign buyer may feel commercially pressured to pay to avoid losing the transaction.

Preserve messages, advertisements, offers and earlier statements showing what commission was originally disclosed.

WhatsApp Messages Can Be Important Evidence

Messages concerning the commission percentage, property price, promised services and payment recipient can become relevant in a later dispute.

Do not delete the conversation after completion of the sale.

Property Advertisements Should Be Preserved

Save the original listing, screenshots and price information.

This can become useful where the advertised price differs from the amount later claimed or the agent disputes representations made during negotiations.

What If the Agent Increases the Sale Price Without Telling the Buyer?

This can create a substantially different dispute from an ordinary commission claim.

For example, if the seller agrees to sell for one amount but the agent represents a higher price to the foreign buyer and secretly keeps the difference, the transaction should be examined for contractual, civil and potentially other legal consequences depending on the facts.

Ask the Seller to Confirm the Actual Sale Price

Where there is doubt, the buyer should verify the genuine purchase price directly and compare it with the title transaction and payment instructions.

A substantial unexplained difference should be investigated before payment.

What If the Agent Claims Commission Without Introducing the Parties?

Whether commission is payable depends on the brokerage relationship and the connection between the agent’s activity and conclusion of the transaction.

A person should not automatically become entitled to commission merely by claiming involvement after buyer and seller have already negotiated independently.

What If Several Agents Claim Commission?

Multiple agents sometimes advertise the same property.

If two agencies demand payment, determine which brokerage agreements were signed and which agent’s activity resulted in the transaction. Do not pay duplicate commission merely because several brokers advertised the property.

Exclusive Brokerage Agreements Require Care

An exclusivity clause can materially affect the property owner’s obligations if the property is sold through another channel.

Owners should understand the duration, scope, commission consequences and termination provisions before signing.

Can an Agent Demand Commission After the Agreement Ends?

Potentially, depending on the facts and contractual terms. If the eventual buyer was introduced during the brokerage period, a later sale may still generate a dispute over causation and commission.

The transaction chronology becomes important.

Can the Buyer Recover an Excessive Commission?

Potentially. If the agent collected an amount without a valid legal basis or above an applicable limit, repayment claims may need to be considered.

The exact remedy depends on the agreement, payments and surrounding circumstances.

Send a Formal Demand for Repayment

Before litigation, it may be appropriate to send a written demand identifying the payment, property, legal basis for repayment and requested deadline.

This also creates a clear record of the dispute.

Consumer Law May Become Relevant

Where the transaction falls within the scope of consumer legislation, additional protections and procedural mechanisms may need to be examined.

Whether the buyer qualifies as a consumer depends on the particular transaction and parties.

Mediation May Be Required Before Litigation

Depending on the legal characterization of the dispute and the parties involved, mandatory pre-litigation mediation requirements may apply.

The procedural route should therefore be identified before filing a claim.

Can the Agent Place a Lien on the Property for Unpaid Commission?

An ordinary commission dispute does not automatically give an agent ownership rights over the property.

Any claim concerning the property itself must have an independent legal basis.

What If the Agent Threatens to Stop the Title Transfer?

Determine what legal authority the agent actually possesses. The broker is not automatically entitled to prevent a title transfer merely because a commission dispute exists.

However, contractual disputes among the parties should be addressed before completion wherever possible.

Power of Attorney Creates Additional Risks

Foreign owners sometimes give broad powers of attorney to agents for convenience. This should be approached cautiously.

A real estate agent generally does not need unrestricted authority over bank accounts, property sales and receipt of the purchase price merely to market a property.

Check the Scope of Any Power of Attorney

If a power of attorney has already been issued, review whether the agent can sell the property, determine the price, receive money or delegate authority.

Unnecessary powers should be addressed promptly.

Foreign Sellers Should Verify the Final Purchase Price

A foreign owner selling remotely should receive direct confirmation of the agreed price and payment structure.

Do not rely exclusively on the agent’s verbal statement regarding the buyer’s offer.

Foreign Buyers Should Conduct Independent Legal Due Diligence

The agent’s commercial role should not be confused with independent legal representation.

Before buying property, a foreign investor should independently verify title ownership, mortgages, attachments, annotations, zoning, permits, occupancy status, contractual documents and payment structure.

Commission Disputes Should Not Distract From Property Due Diligence

Even if the brokerage fee is correct, the property itself may have legal problems.

Foreign buyers should not allow negotiation over a relatively small commission to distract them from much larger risks affecting ownership.

What Evidence Should Be Preserved?

Preserve the brokerage agreement, reservation form, property listing, messages, emails, bank transfers, receipts, invoices, title documents, purchase agreement and communications with the seller.

Evidence should be collected before the dispute escalates.

Can a Foreign Buyer Sue a Turkish Real Estate Agent?

Potentially, yes. Foreign nationality does not prevent a person from pursuing available legal remedies in Turkey.

The proper claim, competent forum and procedural requirements depend on the specific relationship and dispute.

Can the Seller Also Challenge the Commission?

Potentially. The seller’s rights depend on the agreement entered into with the broker, amount charged and services actually provided.

Buyer and seller should evaluate their positions separately even where the same agent represented both sides.

Does Representing Both Sides Create a Conflict?

Acting between buyer and seller is inherent in many brokerage transactions, but transparency becomes particularly important when the agent receives remuneration from both parties.

Any misleading conduct, concealed financial interest or undisclosed price manipulation should be investigated separately.

Foreign Buyers Should Avoid Informal Payment Structures

A buyer should be cautious if asked to transfer part of the purchase price to the seller, another part to an agent’s personal account and additional amounts in cash without clear documentation.

Every payment should have an identifiable legal and commercial purpose.

Immediate Action Plan for a Commission Dispute

A foreign buyer or seller disputing a Turkish real estate agent’s commission should immediately obtain the brokerage agreement, identify who agreed to pay the commission, determine the actual sale price, calculate the amount collected, request invoices and receipts, preserve bank transfers and messages, distinguish commission from deposits or purchase-price payments, verify whether the transaction was completed through the agent and evaluate repayment, mediation or litigation options where the charge appears unlawful.

Frequently Asked Questions

Can a Turkish real estate agent legally charge both buyer and seller?

Potentially, yes. Charging both sides is not automatically unlawful, but the contractual basis and applicable commission limitations must be respected.

Can the agent charge any percentage they want?

No such assumption should be made. Real estate brokerage service fees are subject to the applicable regulatory framework and contractual limitations.

Can the agent call an extra amount a consultancy fee?

The name of the payment is not necessarily decisive. If the alleged consultancy fee merely duplicates ordinary brokerage services, its legal basis can be challenged.

Can a buyer recover an excessive brokerage fee?

Potentially. The agreement, amount paid, applicable limits and evidence should be examined.

What if the agent took commission in cash?

Recovery may still be possible, but evidence becomes especially important. Receipts, messages, witnesses and other payment evidence should be preserved.

What if the property sale never happens?

The agent’s entitlement depends on the circumstances and brokerage agreement. The full commission should not automatically be assumed payable merely because negotiations occurred.

Can a foreign buyer challenge a Turkish brokerage agreement?

Yes. Foreign nationality does not prevent the buyer from relying on applicable Turkish contractual, consumer or other legal remedies.

What if the agent secretly increased the seller’s price?

The transaction should be investigated carefully. Secret retention of a price difference can raise substantially more serious legal issues than an ordinary disclosed commission.

Should the buyer pay the commission before title transfer?

The timing should be determined according to the brokerage agreement and legal entitlement. Large undocumented advance payments should be approached cautiously.

What is the safest approach for foreign property buyers?

Require the brokerage commission and every other payment to be disclosed in writing before committing to the purchase. Verify the actual sale price directly, make traceable payments and obtain independent legal review of both the brokerage documents and the property itself.

Client-Focused Legal Support for Real Estate Commission Disputes in Turkey

Real estate commission disputes involving foreign clients can include excessive brokerage fees, commissions charged to both parties, undisclosed service fees, reservation deposits, hidden price differences, failed property sales and refusal to refund money. Fırat Fesih Kaya Law Office assists foreign buyers, foreign property owners and international investors in Turkish real estate disputes. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing brokerage agreements, investigating disputed payments, pursuing repayment claims, handling mediation and litigation, and protecting foreign investors during property purchases and sales in Turkey.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey