Real Estate Agent Commission in Turkey: TBK 520-525 Rules

What decides an estate agent's commission in Türkiye? The written brokerage contract and two texts: Articles 520 to 525 of the Turkish Code of Obligations, under which a brokerage contract over immovables is not valid unless made in writing and the broker earns the fee only if a contract is concluded as a result of its activity, and the Regulation on Real Estate Trade, under which the fee may not exceed four per cent of the sale price or one month's rent, each excluding value added tax, and is split equally between the parties unless otherwise agreed.

This guide is written for foreign nationals who sell, buy, let or rent a home in Türkiye through an agency: owners abroad who give a mandate to sell or let, buyers shown several flats on one visit, and tenants asked to sign forms at the first viewing. It follows the text of the Code and the Regulation and does not describe court practice or tax.

1. What Is a Brokerage Contract With an Estate Agent Under Turkish Law?

It is a contract under which the agent prepares the opportunity for, or mediates, a contract between other parties, and earns a fee when that contract is concluded. Article 520(1) of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu, TBK) defines the brokerage contract as one in which the broker undertakes to prepare the opportunity for a contract to be concluded between parties, or to mediate its conclusion, and becomes entitled to a fee if that contract is concluded. Article 520(2) adds that the provisions on the contract of agency (vekâlet) apply, as a rule, to the brokerage contract.

The Regulation on Real Estate Trade, published in the Official Gazette of 5 June 2018 and last amended, in the consolidated text, on 30 May 2025, uses its own terms. Article 4(1)(k) defines real estate trade as intermediation in the purchase, sale, marketing and letting of immovables, whether or not registered in the land register, with the related services in Article 13. Article 4(1)(m) defines the authorisation contract (yetkilendirme sözleşmesi) as the contract between the agency and the client (iş sahibi) providing for those services in return for a certain fee.

2. Does a Commission Agreement for Property Have to Be in Writing?

Yes. Article 520(3) TBK provides that a brokerage contract concerning immovables is not valid unless it is made in writing (yazılı şekilde yapılmadıkça geçerli olmaz). The Regulation points the same way: Article 15(1) provides that real estate trade services are given on the basis of an authorisation contract made in writing between the client and the agency, and Article 15(2) requires it in at least two copies, one for each party, with this minimum content:

the agency's authorisation certificate number and contact details, and the name, surname and signature of the responsible estate consultant (Article 15(2)(a));
for a natural-person client, the name, surname, Turkish identity number or foreign identity number, contact details and signature (Article 15(2)(b));
the services and service fees, and the parties' rights and obligations (Article 15(2)(c) and (ç));
if agreed, and on condition that its rate or amount for the agency does not exceed the total service fee, a withdrawal fee (cayma bedeli) payable if a party withdraws from the contract, and a penalty clause for non-performance or improper performance (Article 15(2)(d));
the term of the contract and the addresses for notification (Article 15(2)(e) and (f)).

For sale and letting mandates, Article 15(3) adds information on the property, including the zoning and building use permit status, the land register details and whether there is a mortgage, an attachment or a similar restriction on it.

Once a deal is reached, Article 16 requires a purchase brokerage contract between buyer, seller and agency, in at least three copies, stating among other items the price and how it is paid, the service fee and how expenses such as the title deed fee are shared. Article 17 requires a letting brokerage contract between tenant, landlord and agency, also in at least three copies, stating the rent, its annual increase rate and the service fee. The transfer itself is a separate step, covered in our guide to buying property in Türkiye as a foreigner and our guide to the promise to sell real estate.

3. When Does the Agent Earn the Commission?

Under the Code, when the contract the agent worked towards is concluded as a result of its activity. Article 521(1) TBK provides that the broker becomes entitled to the fee if, and not unless, a contract is concluded as a result of its activity. The Regulation ties the fee to the service: Article 20(4) provides that the agency becomes entitled to the service fee by providing the service that is the subject of the authorisation contract.

The two texts use different words. How they apply together to a given mandate, for example one that ends without a sale, is for the court to assess on the contract signed and the work done, so it helps to state in the authorisation contract which event triggers the fee.

Suspensive condition. Under Article 521(2), if the contract concluded is subject to a suspensive condition, the fee is payable when the condition is fulfilled.
Expenses. Under Article 521(3), if the brokerage contract provides that the broker's expenses will be paid to it, they are paid even if no contract was concluded.
Bypassing the agency. Article 20(8) of the Regulation provides that where, during the term of the authorisation contract, the property is bought or rented directly from the client, bypassing the agency that issued the property showing certificate, the service fee is earned.
Showing a property. A viewing is done by issuing a property showing certificate (taşınmaz gösterme belgesi) stating the fee rate or amount, separately for each buyer or tenant (Article 19(1) to (3)), and no fee may be requested in return for the service of showing the property (Article 19(4)).

4. How Much Can an Estate Agent Charge in Türkiye?

The Regulation sets a ceiling, not a fixed rate. Article 20(1) provides that the service fee for intermediation in a sale may not exceed four per cent of the sale price stated in the purchase brokerage contract, excluding value added tax. Article 20(2) provides that the fee for intermediation in a letting may not exceed one month's rent stated in the letting brokerage contract, excluding value added tax. Article 20(5) adds that unless otherwise agreed in the purchase or letting brokerage contract, the fee is paid by the parties in equal shares.

One fee for related services. Where Article 13 services are provided together with the sale or letting, only one service fee may be charged even if a separate authorisation contract was made, within the same ceiling (Article 20(3)).
One fee where both sides signed mandates. Where separate authorisation contracts were made with buyer and seller, or tenant and landlord, only one service fee may be charged, re-set in the purchase or letting brokerage contract within the ceiling (Article 20(6)).
Fee not agreed. Article 522 TBK provides that if the fee has not been determined, it is paid according to the tariff, and if there is no tariff, according to custom.
Excessive fee. Article 525 TBK provides that if an excessive fee has been agreed, the judge may, on the request of the debtor, reduce it in accordance with equity.

If agreed, the purchase and letting brokerage contracts may also set a withdrawal fee payable to the other party and to the agency, and a penalty clause, on condition that the rate or amount for the agency does not exceed the service fee (Articles 16(2)(d) and 17(2)(d)). For a letting, our guide to rental deposits covers the tenant's security deposit.

5. When Does an Agent Lose the Right to Commission?

When it acts for the other side contrary to its obligation, or takes a fee promise from the other side contrary to good faith. Article 523 TBK provides that if the broker, acting contrary to the obligation it undertook, acts in the interest of the other party, or obtains a promise of a fee from the other party contrary to the rules of good faith, it loses its rights to the fee and to the expenses it incurred.

The Regulation itself provides for a fee split between both sides (Article 20(5) and (6)), so Article 523 turns on its own words; whether an agent's conduct meets them is for the court to assess. Article 14(2) of the Regulation sets conduct rules on the same ground. Persons engaged in real estate trade:

act ethically, fairly, honestly, carefully and reasonably and may not give misleading information (Article 14(2)(b));
may not conceal information capable of affecting the choices of the persons they serve, nor act against their interests (Article 14(2)(ç) and (d));
give sufficient time to read documents before signing, explain their terms and hand over a copy of each signed document (Article 14(2)(g));
present every offer and counter-offer accurately, objectively, as soon as possible and in writing or electronically (Article 14(2)(ğ)).

6. Who May Work as an Estate Agent? The Authorisation Certificate

Article 5(1) of the Regulation provides that real estate trade is carried out by businesses and contracted businesses holding an authorisation certificate (yetki belgesi), issued by the provincial directorate of trade through the Real Estate Trade Information System (Article 5(2)); under Article 5(5) it is issued separately for each business and cannot be transferred.

Article 6(1) sets the conditions, including chamber registration, real estate trade among the registered activities and at least one responsible estate consultant holding a Level 5 vocational qualification certificate. Article 10(1) provides that responsible estate consultants must hold a Level 5 and estate consultants a Level 4 vocational qualification certificate, with an exemption for graduates of the relevant fields (Article 10(2)).

Article 11(4) provides that the current list of certified businesses and contracted businesses is published on the Ministry's website. The certificate number must also appear in the authorisation contract (Article 15(2)(a)) and in listings (Article 14(2)(i)). Intermediation at land registry and other public offices is among the services an agency may offer on condition that it is expressly stated in the authorisation contract (Article 13(1)(ç)), and work shared with another agency requires the same (Article 18(1)).

7. Online Listings and Supervision

Article 12(1) requires agencies advertising online not to include in their listings information or documents that mislead third parties, and Article 14(2)(j) provides that an agency may not advertise a property it is not authorised to buy, sell, market or let. Article 12(3), added on 30 May 2025, provides that in online property listings no price increase may be made that is inconsistent with general economic data and not based on a justified reason, and businesses may not intermediate in such listings.

Article 22(1) gives the Ministry of Trade the power to supervise the Regulation and complaints, also through the provincial directorates. Under Article 22(4), the administrative fines in Article 18 of Law No. 6585 on the Regulation of Retail Trade are applied by the Ministry to breaches of its other provisions, and those in Article 12(1)(d) of Law No. 6563 to breaches of Article 12(2) by listing platforms.

8. The Code and the Regulation Side by Side

The Code sets the private-law rules between broker and client; the Regulation sets the conditions for operating as an agency, its documents and the fee limits. The table follows the text of each article cited.

Question	Turkish Code of Obligations (TBK 520-525)	Regulation on Real Estate Trade
Form	Not valid unless made in writing (TBK 520(3))	Written authorisation contract, at least two copies (Art. 15(1)-(2))
When the fee is earned	Only if a contract is concluded as a result of the broker's activity; under a suspensive condition, when fulfilled (TBK 521(1)-(2))	By providing the service (Art. 20(4)); also where the agency is bypassed during the term (Art. 20(8))
Amount	As agreed; otherwise tariff, then custom (TBK 522); an excessive fee may be reduced by the judge (TBK 525)	Sale: not more than four per cent of the price excluding VAT; letting: not more than one month's rent excluding VAT (Art. 20(1)-(2))
Who pays	No division in the Code	Equal shares unless otherwise agreed (Art. 20(5)); only one fee where both sides signed mandates (Art. 20(6))
Expenses and viewings	Agreed expenses paid even without a concluded contract (TBK 521(3))	No fee for the showing service (Art. 19(4))
Loss of rights	Acting for the other party contrary to the obligation, or a fee promise from the other party contrary to good faith (TBK 523)	No misleading information, no concealment, no acting against the client's interests (Art. 14(2)(b), (ç), (d))

Before relying on a listing or signing a purchase brokerage contract, the land register record of the property is the next document to read; our real estate due diligence guide lists those checks.

9. Step by Step: Before and After You Sign With an Agency

The steps below follow the order in which the provisions come into play. They concern documents the parties can prepare and check; they are not a description of court practice.

Check the agency on the Ministry of Trade's published list and note its certificate number (Regulation Arts. 5(1) and 11(4)).
Put the arrangement in writing: a brokerage contract over an immovable is not valid otherwise (TBK Art. 520(3); Regulation Art. 15(1)).
Read the services, fee, withdrawal fee, penalty and term in the authorisation contract, and keep your copy (Regulation Art. 15(2)).
State which event triggers the fee and whether expenses are payable without a concluded contract (TBK Art. 521; Regulation Art. 20(4)).
Check the fee against the ceiling and record the split in the purchase or letting brokerage contract (Regulation Art. 20(1), (2) and (5)).
Sign a showing certificate for each viewing and keep every offer and signed document (Regulation Arts. 14(2)(g), (ğ) and 19).

Each point is easier to settle with the authorisation contract, the showing certificates and the brokerage contract in front of you. Our real estate law practice advises buyers, sellers, landlords and tenants in English, and you can reach us through the contact page.

Frequently Asked Questions

How much commission can a real estate agent charge in Türkiye?

Article 20 of the Regulation on Real Estate Trade sets ceilings: for a sale, four per cent of the sale price in the purchase brokerage contract, and for a letting, one month's rent in the letting brokerage contract, each excluding value added tax. Unless that contract provides otherwise, the parties pay the fee in equal shares (Article 20(5)).

Is a spoken agreement with an emlakçı enough?

No. Article 520(3) of the Turkish Code of Obligations provides that a brokerage contract concerning immovables is not valid unless made in writing, and Article 15(1) of the Regulation requires a written authorisation contract.

Do I owe commission if the sale or lease does not go ahead?

Article 521(1) of the Code entitles the broker to the fee only if a contract is concluded as a result of its activity, and Article 521(3) makes agreed expenses payable even without one. Article 20(4) of the Regulation ties the fee to providing the service. How the two apply to a given mandate is for the court to assess, so the fee trigger is worth writing into the contract.

Can the agent charge both the buyer and the seller?

The Regulation provides for equal shares unless otherwise agreed (Article 20(5)) and only one fee where both sides signed mandates (Article 20(6)). Under Article 523 of the Code, a broker who acts in the other party's interest contrary to its obligation, or obtains a fee promise from the other party contrary to good faith, loses its rights to the fee and expenses.

Can an agent charge me for showing a property?

No fee may be requested for the showing service (Article 19(4) of the Regulation). The viewing is recorded in a property showing certificate stating, among other details, the service fee rate or amount (Article 19(1) and (2)).

I bought directly from the owner after the agent showed me the flat. Do I owe a fee?

Article 20(8) of the Regulation provides that where, during the term of the authorisation contract, the property is bought or rented directly from the client, bypassing the agency that issued the showing certificate, the service fee is earned.

How can I check that an estate agent is authorised?

Under Article 5(1) of the Regulation, real estate trade is carried out by certified businesses, and under Article 11(4) the current list is published on the Ministry of Trade's website. The certificate number must appear in the authorisation contract and in listings (Articles 15(2)(a) and 14(2)(i)).

Real Estate Agent (Emlakçı) Commission in Türkiye: The Written Brokerage Contract, When the Fee Is Earned or Lost, the Fee Ceiling and the Agent's Authorisation Certificate