Who Pays the Real Estate Agent’s Commission in Italy?

Updated October 2026. Sources and methodology are listed at the end of the article.

Under Italian law, the real estate agent’s commission is owed by both parties unless they agree otherwise: the agent may claim it from the seller and from the buyer alike. Three things matter in practice: what the signed agreement says, what amount was agreed, and when the deal counts as concluded.

This guide is for anyone selling or buying a high-end property who wants to know, before signing a brokerage mandate or a purchase offer, what they will pay and at which moment.

Who pays the commission under Italian law?

As a general rule, both parties pay. Under article 1755 of the Civil Code, the agent is entitled to a commission from each party if the deal is concluded through the agent’s intervention.

Article 1754 defines the agent (the mediatore) as someone who puts two or more parties in contact so that they can conclude a deal. The agent must not be tied to any of them by collaboration, employment or representation: the role is that of a neutral intermediary between seller and buyer.

Only a duly registered agent is entitled to a commission (article 6 of Law no. 39 of 3 February 1989). How to check that an agency is in order is explained in the guide on the agency’s registration and insurance policy.

Can the parties agree that only one of them pays?

It is possible, provided the agreement is also signed by the agent: the parties can decide that only one of them bears the commission. The rule in article 1755, which places it on both, applies only where there is no agreement to the contrary.

It is advisable to put the agreement in writing and to state, before the offer, who pays, how much and at which moment.

How much is the commission?

An agent’s commission is usually between 3% and 5% of the price, plus VAT. It is not a figure set by law, though. The Civil Code states neither a percentage nor a cap: the amount and the split depend on the agreement between the parties.

If there is no agreement, the amount and the split are determined in this order:

1. from professional tariffs or local custom, which the boards of the chambers of commerce determine after consulting the provincial commission (article 6 of Law no. 39 of 1989);
2. failing those, by the judge, who decides on the basis of fairness (article 1755, second paragraph).

“Plus VAT” means that the tax is added to the amount of the commission. Before signing, check in the mandate or in the offer the agreed percentage and the total amount, VAT included.

When does the right to the commission arise?

The commission is due when the deal is concluded, that is, when a legal bond has been created between the parties. In practice the right arises when the parties sign a binding agreement, usually the compromesso, the preliminary sales contract. There is no need to wait for the final deed (rogito). The same applies to an irrevocable purchase offer: once the seller accepts it and the acceptance reaches the buyer, the parties are bound as they would be by a preliminary contract. Signing the offer alone, without acceptance, does not conclude the deal.

When an agreement is binding

An agreement is binding when it obliges the parties to complete the sale: each of them may go to court to enforce it or to claim damages. An intermediate understanding is not enough. The Court of Cassation (Second Civil Section, judgment no. 34850 of 13 December 2023) clarified this in relation to the so-called preliminary to the preliminary, an understanding that commits the parties only to sign, at a later stage, the actual preliminary contract.

If the contract is subject to a condition

The effects of a contract may depend on a suspensive condition, that is, a future and uncertain event. In that case the right to the commission arises when the condition occurs (article 1757). With a resolutive condition, by contrast, the event ends the effects of a contract that was already in force, but the right to the commission is not lost.

If the contract is voidable or rescindable

The commission remains due even if the contract is voidable or rescindable. The exception is the case where the agent knew the ground for invalidity (article 1757).

Expenses and several agents: what does the Civil Code say?

As a rule, expenses are reimbursed even if the deal does not go through, while with several agents the commission is shared. Unless the parties agreed otherwise or local custom provides differently, the agent is entitled to be reimbursed for expenses by whoever gave the assignment (article 1756). The commission, by contrast, is due only if the deal is concluded.

If the deal is concluded through the intervention of several agents, each of them is entitled to a share of the commission (article 1758).

What are Trevi Elite’s terms for residential property?

For residential property Trevi Elite applies three commission tiers, plus VAT: the percentage falls as the price rises. The Civil Code rules described above remain valid.

Buyer and seller each pay the percentage of the tier into which the price falls. The commission is paid half at the signing of the compromesso and half at the rogito.

Payment in two instalments is a contractual term of Trevi Elite and concerns only the timing of payment. The right to the commission arises when the deal is concluded, as explained above. The path from mandate to negotiation is described on the page about how Trevi Elite works with sellers.

How much does it cost to have an advisor search for a property?

The Property Finder service costs 2-3% of the purchase price, plus VAT. It is the assignment by which the buyer entrusts Trevi Elite with the search for the property, and it is a separate item from the commission of the agency that holds the sales mandate.

As a rule, the buyer also pays the commission of that agency. There are two items: the fee of the buyer’s own advisor and the commission of the agency handling the sale. The full picture of the costs is in the guide to all the purchase costs, item by item.

Do the same tiers apply to commercial property and hotels?

The tiers apply to residential property only. For commercial property and for hotels, Trevi Elite applies separate terms, which are not part of this table. The Civil Code rules on who pays and on when the right arises do not change.

The information in this article is general in nature and is not tax or legal advice. Rules and terms may change.

If you are considering selling or buying a high-end property, a Trevi Elite advisor will explain which percentage applies to the price and how the two instalments work.

To discuss it in more depth, you can reach us from the Contacts page or write to us directly on WhatsApp: we reply within 24 hours. If you prefer to meet in person, you can book an appointment at our offices at Via di Porta Pinciana 34, Rome.

Sources and methodology: the rules are quoted from the text published in the Gazzetta Ufficiale, the case law from legal information portals; Trevi Elite’s terms are those confirmed in September 2026. Civil Code, art. 1754; art. 1755; art. 1756; art. 1757; art. 1758; Law no. 39 of 3 February 1989, art. 6; Altalex (in Italian), “Mediazione: il diritto alla provvigione non sorge con il preliminare di preliminare”; Brocardi.it (in Italian), art. 1755 of the Civil Code with case-law summaries (April 2026); Mognon & Partners (in Italian), “Il mediatore immobiliare: diritto alla provvigione, casistica e responsabilità”.