Law & Safety

Commission on Horse Purchases: When it Arises, Who Pays It, and When It's Forfeited

A commission isn't simply earned because someone offered assistance. It requires a brokerage agreement, a clear link between the activity and the successful sale, and a contract that is actually concluded. If you're working for both parties, you must disclose this, or your claim to the commission is at risk.

Equidara editorial team · 6 October 2026 · 4 min read

In the equestrian market, intermediaries are a common sight: the rider or trainer who makes the initial connection, the trainer searching for a horse for a student, or the dealer brokering a deal between two barns. Discussions about money often only happen once the purchase is complete. That's when a demand for payment can arise that one party hadn't anticipated.

When a Claim Actually Arises

The basis for this is a brokerage agreement as per §§ 652 ff. BGB. While it doesn't obligate the broker to specific actions, it grants them a claim for remuneration if the main contract is concluded due to their introduction or mediation.

Three conditions must be met:

A brokerage agreement exists, either explicitly or through implied conduct.
The broker facilitated the conclusion of the contract through introduction or mediation.
The main contract was actually concluded.

The first point is the most frequent area of dispute. Someone giving a tip within their circle of friends does not enter into a brokerage agreement. However, if someone is clearly acting in a professional capacity, and the other party is aware of this and accepts it, a claim can arise even without an explicit agreement.

Since this can be difficult to clarify retrospectively, the commission agreement should be made before any activity begins, and ideally in written form. This protects both parties: the intermediary from non-payment, and the client from an unexpected demand.

Who Pays and How Much

There are no legal stipulations regarding who bears the commission in a horse purchase. It's common for the seller to pay, as they receive the proceeds. Buyer's commissions also occur, especially when someone is specifically tasked with finding a suitable horse.

Regarding the amount, figures vary depending on the price range and country. There are no reliable general rates, and anyone claiming a figure is "customary" should be able to substantiate it. More important than the amount itself is that it's agreed upon beforehand and that it's clear what it refers to: the gross purchase price, the price minus ancillary costs, or only the surplus profit above an agreed minimum price.

Regarding the due date, the same applies as with other commissions: It makes sense for it to be due upon full payment to the seller, not just upon signing the contract.

Dual Agency: Permitted, but Only with Full Disclosure

Acting for both parties is generally permissible in cases of pure introduction and mediation. The prerequisite is that both parties are aware of it.

Anyone who conceals dual agency or violates the interests of one party forfeits their claim to the commission according to § 654 BGB and may become liable for damages. This provision is strict: it does not require fault in the narrower sense but is linked to a breach of trust.

Practically, this means: If you're taking money from both sides, tell both of them before negotiations begin. And if you're also advising one party, for example, on the price or the pre-purchase exam, you should clarify your role.

The Concealed Self-Dealing

A situation that occurs more frequently in the horse market than you might think: The supposed intermediary is, in reality, the seller themselves. They have bought the horse or acquired control over it and are passing it on at a markup, but outwardly appear as a neutral helper.

For the buyer, this is relevant because you are then not dealing with a private seller far away, but with a commercial seller on site, with all that entails. For the intermediary, it is dangerous because it can destroy the claim to commission and trigger liability for damages.

Therefore, when buying, it's always worth asking a simple question: Who is registered as the owner, and who is signing the purchase agreement? If these don't match, you need to clarify why.

What Belongs in the Agreement

Who is commissioning, and for what exactly: introduction of an interested party, mediation, accompaniment until the conclusion of the deal
Amount of the commission and its basis for calculation
Due date, typically upon full payment received by the seller
Whether dual agency is permitted, and the obligation to disclose it
How long the agreement is valid and whether it remains effective if a sale is made later to an introduced interested party
Who bears expenses, such as for travel or presentations

A piece of paper signed before the first viewing prevents almost all of these disputes.

Common questions

Muss ich eine Provision zahlen, obwohl nichts vereinbart war?

Only if a brokerage agreement came into existence, either explicitly or through implied conduct, and the purchase was concluded through the intermediary's activity. A favor among acquaintances does not establish a claim. In case of doubt, this will be disputed, which is why the agreement should be made before any activity.

Wer zahlt beim Pferdekauf die Provision?

This is negotiable; there is no legal requirement. It's common for the seller to pay, as they receive the proceeds. Buyer's commissions occur when someone has been specifically tasked with finding a horse.

Darf ein Vermittler für Käufer und Verkäufer zugleich arbeiten?

In cases of pure introduction and mediation, generally yes, but only with full disclosure. Anyone who conceals dual agency or violates the interests of one party forfeits their claim to commission according to § 654 BGB and may become liable for damages.

Wann wird die Provision fällig?

Sensibly, upon full payment being received by the seller. If it becomes due upon signing the contract, the client bears the risk that the buyer might not pay later.

Woran erkenne ich, dass der Vermittler in Wahrheit selbst verkauft?

Ask who is registered as the owner and who is signing the purchase agreement. If these don't match, clarify why. Concealed self-dealing significantly changes your legal position, as you would then be dealing with a commercial seller.

Sources

Written by Equidara editorial team. Last checked: 6 October 2026.