Agent fees are a sore point in Taiwan, and the number that draws the most anger is 6%. We are an agency and we collect this fee, so this guide is not a defence. It lays out the law, the market custom and the room to negotiate.
Three things people get wrong. First, the law limits the buyer’s and seller’s fees combined to 6% of the sale price; it does not say the seller pays 6%. Second, “seller 4%, buyer 1–2%” is custom, not law. Third, 6% is a ceiling, so the fee has always been negotiable. For where the fee sits in the process, see Selling a home in Taiwan: 8 steps.
How it is calculated: the law only fixes one thing
Under the Ministry of the Interior’s “Standards for Remuneration of Real Estate Brokerage” (不動產仲介經紀業報酬計收標準規定), issued in ROC year 89 (2000) and still in force, the buyer’s and seller’s fees together may not exceed 6% of the sale price (for leases, one and a half months’ rent). The rule has four points: the combined cap is 6%; 6% is a maximum, not a fixed rate set by the authority, and agencies may not collude, deceive or act unfairly; the service must cover no less than the mandatory items of the property disclosure statement; and the percentage and the split between buyer and seller must be written into the listing contract or the offer form.
| Item | What the rule says | Market practice |
|---|---|---|
| Cap | Buyer plus seller ≤ 6% of the sale price | Most transactions land at 5–6% combined |
| Split | Not regulated | Custom: seller 3–4%, buyer 1–2% |
| Nature | A ceiling, not a fixed rate; negotiable | Depends on property, market and listing type |
| Disclosure | Percentage must be in the listing contract | Before signing is the moment to negotiate |
In money terms: on a NT$10,000,000 sale with the seller paying 4%, the fee is NT$400,000; on NT$15,000,000 it is NT$600,000. In a net-proceeds estimate this is the second-largest item after consolidated housing and land income tax, so settle it before you sign the listing.
The “buyer 2, seller 4” custom reflects where the work sits: photography, advertising, viewings and negotiation all serve the sale, so the seller carries more. Seller 3 and buyer 3, or seller 5 and buyer 1, are equally legal if the total stays within 6% and is written into the contract. As of 1 August 2026 there has been no amendment. After the United States abolished its 6% commission rule in 2024, Taiwan saw calls for lower or sliding fees, but the Ministry of the Interior has not moved.
Can you negotiate? Yes, but pick the moment
The fee is a service charge, not a government levy, so it can be negotiated. The moment is before you sign the listing contract. Once the percentage is in the contract it is binding; renegotiating afterwards only works if the agency volunteers.
Where is there room? High-value properties (same rate, larger amount); well-located homes with a clear market price; an exclusive listing (the agency knows its effort will not be wasted); and clients selling and buying through the same agency. A valuation first gives you firmer ground; see How to price your home.
Our view: Negotiate, but do not treat cutting the fee to the bone as a win. In practice a cut fee comes out of the advertising budget and viewing staff. Save 0.5% on the fee, lose exposure and give up 1% in negotiation, and you are behind. The smarter deal is a fair rate plus a written service list: which platforms, how often you get reports, what each viewing report contains. Those clauses are worth more than a lower percentage.
The interactive fee calculator is on our Chinese page (https://www.fshouse.com.tw/page/about/index.aspx?kind=801). The formula is sale price multiplied by the agreed percentage.
When is the fee paid? Not at all without a sale
The seller’s fee is usually paid after the sale contract is signed or at handover, as the listing contract states. It is conditional on completion: however long the listing runs, nothing is owed without a sale.
- Sign the listing contract. Agree the rate and timing in writing. Paid now: NT$0.
- Buyer’s offer is accepted. Earnest money becomes the deposit and terms match; the obligation to pay arises.
- Sign the sale contract. Commonly half (or all) is paid now; ask for half now and half at handover, or all at handover.
- Handover. Balance released, inspection done, fee settled; with escrow (履約保證), the third-party account holding the buyer’s payments, it can be settled from the account.
If the buyer defaults, does the seller still pay?
That depends on the listing contract. Commonly a proportion is paid out of the forfeited deposit: the agency did bring about a sale, so its claim survives, but the seller has not actually sold, so paying in cash would be unfair. One sentence of difference here can be worth hundreds of thousands.
The fee undertaking: does it bind you?
A service fee undertaking (服務費承諾書) fixes the percentage and payment conditions in writing, and courts generally uphold it. Buyers usually sign one with an offer; for sellers it is built into the listing contract, with a fee confirmation form on completion. Some versions require payment even when the sale contract fails for reasons attributable to the principal, and courts have upheld that.
It is not unbeatable. Courts have struck down a case where the agency demanded a new, higher fee agreement on signing day; that was held unfair and void under the Consumer Protection Act. Before signing, check that the percentage and base are filled in (never sign a blank form), the payment timing and what happens if the sale fails, and remember your review right. See Offer documents explained and Buying and selling costs.
What does 4% actually buy?
Honestly: if all the agent does is open the door and pass messages, 4% is expensive. Judge the fee by whether the agency will put its services into the contract as a list.
| Service | What it involves | Value to you |
|---|---|---|
| Marketing | Professional photos, multi-platform advertising, network listing across branches | More buyers means price competition |
| Viewings and screening | Enquiries, filtering serious buyers, viewing reports | No time off work, no strangers in your home unmanaged |
| Negotiation | Holding the floor price during offers | Holding 1% more usually outweighs any fee difference |
| Transaction security | Condition survey, property disclosure, escrow arrangement | Money through a third-party account, compliant documents |
| Transfer coordination | Working with the land administration agent (代書), the licensed professional who handles title transfer, on taxes and registration | Someone tracks progress; you only decide |
This is the list Fusheng Realty puts on the table at signing, and every item goes into the contract. A 1% difference on NT$10,000,000 is NT$100,000; whether the floor price holds and unqualified buyers are screened out is often worth NT$300,000 to NT$500,000.
FAQ
How is the seller’s fee calculated?
The legal cap is 6% of the sale price for buyer and seller combined; custom is seller about 4%, buyer 1–2%. On NT$10,000,000 at 4% the fee is about NT$400,000. The actual rate is whatever your listing contract says.
Can I negotiate it down?
Yes. It is a service fee, not a statutory charge, and 6% is a ceiling. Negotiate before signing the listing contract, and negotiate the service list at the same time.
When is it paid?
Usually after the sale contract or at handover, as the listing contract states. No sale, no fee. Ask for payment at handover, or half at signing and half at handover.
The buyer defaulted. Do I still pay?
As the listing contract provides. Commonly a proportion of the forfeited deposit goes to the agency and the seller pays nothing extra. Check the wording before signing.
Is “buyer 2%, seller 4%” the law?
No. Only the combined 6% cap is law. Any split is legal if the total stays within 6% and is written into the contract or offer form.
Can I withdraw from a signed fee undertaking?
Not at will; courts generally uphold it once the sale completes. An unfair last-minute rate increase has been struck down, but do not count on that. Never sign a blank form.
Is it worth selling privately to save 4%?
Only if you can carry exposure, negotiation, contracts and payment security yourself. For a first or urgent sale, the fee buys risk control and speed.
Does the fee include the land administration agent?
Usually not. The agent’s registration fees are a separate charge split by custom between buyer and seller. Add taxes as well; see Selling taxes and net proceeds.
Conclusion
Three sentences cover it: the law only caps the combined fee at 6%; seller 4 and buyer 2 is custom and negotiable; and the time to negotiate is before you sign the listing, with the result in writing. Fusheng Realty puts the rate, timing and service list on the table so nobody feels cheated on completion day. A consultation before listing is free and carries no obligation; contact us.