Estate agency fees in Trieste: how much, and when you pay

In Trieste, if the agency agreement says nothing else, the agent's fee is 3% of the price paid by the buyer and 3% paid by the seller. That is the local custom recorded in the Trieste collection of trade usages (Raccolta degli usi di piazza). VAT at 22% is added on top. In practice the percentage is written into the agreement, and it can be negotiated.

At a glance

• No law sets the percentage. Where the agreement is silent, Trieste custom applies: 3% from each side (Raccolta degli usi, art. 51).
• On a €200,000 flat, 3% is €6,000: €7,320 per side with VAT.
• The fee is earned once the deal is concluded, usually as soon as both parties have signed the purchase offer, or the preliminary contract. If the offer is "subject to mortgage", only when the mortgage comes through (Civil Code, art. 1757).
• Only an agency registered as a property broker with the Companies Register can claim it. Checking takes a minute.
• A buyer purchasing their own main home gets 19% back on up to €1,000 of fee: up to €190 less income tax (IRPEF), if they paid by bank transfer or card.
• The agency's claim expires after one year (Civil Code, art. 2950).

How much you pay in Trieste

The Italian Civil Code leaves the amount to the parties. Without an agreement, professional tariffs or local custom apply; failing those, a judge decides on fair terms (art. 1755).

Trieste has a written custom. Article 51 of the provincial collection of trade usages, published by the Chamber of Commerce, says that in a property sale, unless agreed otherwise, the broker is owed 3% by the buyer and 3% by the seller. The edition is from 2004; it is the one the Venezia Giulia Chamber of Commerce publishes on its website today.

It only counts when the agreement is silent. What you sign prevails.

Price of the home	3%	VAT 22%	Total per side
€150,000	€4,500	€990	€5,490
€200,000	€6,000	€1,320	€7,320
€300,000	€9,000	€1,980	€10,980

These are the figures under the custom, not a price list. An agency may ask for less, charge a flat amount, or put the whole fee on one side only: that is what a "franco di mediazione" clause does (Raccolta degli usi, art. 46).

When the fee is owed, and when it isn't

Under article 1755, the broker earns the fee if the deal is concluded as a result of their work. For the Italian Supreme Court (Cassazione), a deal is concluded once the parties are bound in a way that lets either of them enforce the contract in court: typically the accepted purchase offer, or the preliminary contract (compromesso). The final deed (rogito) is not needed.

Trieste custom adds a safeguard: where the law requires a written contract, as it does for homes, the fee is due only once the parties have signed the deed or the preliminary contract (art. 45).

Then come the conditions, and they change everything:

• Condition precedent ("subject to the mortgage being granted", "subject to the sale of my flat"): the right to the fee arises only when the condition is met (art. 1757). If the bank says no within the deadline, there is no sale and no fee.
• Condition subsequent: if it occurs, the contract falls away, but the fee stands.
• Second thoughts later: if the parties agree to cancel the contract, or one of them fails to perform it, a fee already earned is not refunded (Raccolta degli usi, art. 49).

Example. You sign a €200,000 offer "subject to a €160,000 mortgage being granted within 45 days", and the seller accepts it. If the bank turns you down within that time, the condition fails: you owe no fee. If the bank approves, the fee is owed from that day, even if the deed is three months away. When you actually pay is set by the agreement: often at the preliminary contract, sometimes at the deed.

So the condition needs careful wording: the mortgage amount, the deadline, and what happens when the deadline passes.

Who can charge it: the check to make

Only someone registered as a property broker (agente d'affari in mediazione) is entitled to a fee (Law 39/1989, art. 6). The old brokers' roll was abolished in 2010; registration is now with the Companies Register of the Chamber of Commerce, which for Trieste is the Venezia Giulia chamber. An unregistered agency is owed nothing.

Three checks before you sign:

1. Registration. Search the agency's name on registroimprese.it: registered office, REA number and company status. The company report (visura) shows the brokerage activity.
2. Insurance. Brokers must hold professional liability insurance that protects clients (Law 39/1989, art. 3, para. 5-bis). Working without it carries a fine of €3,000 to €5,000. Ask who the insurer is.
3. Forms. The pre-printed offer and agency forms the agency uses must be filed with the Chamber of Commerce (Law 39/1989, art. 5), and anyone can ask for a copy.

The agency will ask for your ID and a few details about yourself and the source of the funds. That is not nosiness: estate agencies are bound by anti-money-laundering rules (Legislative Decree 231/2007).

The agency also owes you something: it must tell you what it knows about the value and the safety of the deal (art. 1759). A mortgage on the property, a dispute in the building, unauthorised works it is aware of: keeping quiet about them is a breach of its duties.

The agency agreement: six lines to read before signing

1. How much, and on what: the percentage, whether it is calculated on the sale price, VAT, any minimum fee.
2. When you pay: on the accepted offer, at the preliminary contract or at the deed.
3. Length and exclusivity: three months, six, a year. A long exclusive mandate should come with written commitments from the agency: what it will do, and by when.
4. Automatic renewal: if there is one, put the cancellation deadline in your diary.
5. Withdrawal and penalties: a fixed penalty for withdrawing, unrelated to the work actually done, can be an unfair term (Cassazione, ruling no. 19565 of 2020).
6. After expiry: many agreements still claim the fee if, within a few months, you sell to a buyer the agency introduced. Check for how long.

If you signed the agreement away from the agency's office, at home for instance, the Consumer Code normally gives you 14 days to change your mind.

Several agencies on the same deal

When several brokers work together on one deal, each is entitled to a share of the fee (art. 1758), and Trieste custom says the parties pay a single fee (art. 48). Two separate agreements with two different agencies are another matter: each has its own clauses, and you need to read both.

In the deed and in your tax return

In the deed of sale, buyer and seller state whether they used a broker, the broker's details and how they paid. Since 12 January 2025, instead of the amount, the number of the broker's invoice is enough, with a statement that it matches what was paid (Law 203/2024). Today the rule sits in Decree-Law 223/2006 (art. 35, para. 22): a missing or false statement carries a fine of €500 to €10,000, and the value of the property can be adjusted for registration tax. From 1 January 2027 the same rule moves to article 299 of the new consolidated act on tax compliance and assessment (Legislative Decree 141/2026).

A buyer purchasing a home to make it their main residence can deduct 19% of the fee from IRPEF, on a maximum of €1,000 (TUIR, art. 15, para. 1, letter b-bis). The conditions:

• the home becomes your main residence within one year of the purchase. It does not have to be your first home;
• you pay by bank transfer, card or cheque, never in cash;
• the invoice is in the buyer's name. If two of you buy, the €1,000 cap is split according to your ownership shares;
• if you pay before the deed, the deduction goes in the tax year of payment, provided the preliminary contract has been registered by the time you file. If the purchase then falls through, the deduction has to be given back;
• it does not apply to a home bought in the name of a dependent family member;
• it shrinks for higher incomes: above €75,000 it counts towards the overall cap on deductions, above €120,000 it tapers, above €240,000 it disappears.

In the 730 tax return the expense goes in section E, lines E8 to E10, with code 17.

Example. A couple buy a €200,000 flat in equal shares to live in, and pay €7,320 in fees by bank transfer. The 19% applies to €1,000: €190 in total, €95 each, in the return for the year of payment. The rest of the fee remains a cost.

Sellers get no deduction. But if you sell within five years and the sale produces a taxable capital gain, costs linked to the deal may come into the calculation: that is one to work out with an accountant (commercialista).

Frequently asked questions

How much does an estate agency charge in Trieste?

Whatever the agreement says. If it says nothing, Trieste custom is 3% of the price from the buyer and 3% from the seller, plus VAT.

Do I pay the fee if the bank refuses the mortgage?

It depends on what you signed. If the offer was "subject to mortgage", with an amount and a deadline, and the bank refuses within that deadline, no fee is owed (art. 1757). Without that clause, an accepted offer is usually enough for the fee to be earned.

Is the agency fee tax-deductible?

Yes, but only for the buyer, and only if the home becomes their main residence: 19% on up to €1,000, so up to €190, paid traceably.

Can the fee be negotiated?

Yes. No law sets a minimum or a maximum. The Trieste custom only applies if the agreement says nothing.

What if I buy directly from the owner a home the agency showed me?

If the deal stems from the agency's work, the fee can be owed even if you finished the negotiation on your own: what matters is the link between its work and the sale. A real case is for a lawyer, not an article.

What to do now

• Check the agency's registration on registroimprese.it.
• Get the percentage, VAT and payment date in writing before you sign the offer.
• If you need a mortgage, put the condition in the offer, with the amount and a deadline.
• Pay by bank transfer and keep the invoice: the notary and the deduction both need them.
• Work out the full cost of the purchase: the taxes, the mortgage with the real monthly payment and the steps from offer to deed.

What this guide doesn't tell you

It is no substitute for reading your own agreement: the clauses you sign override custom. Disputes over fees depend on the facts of each case, and a lawyer assesses them. The exact deduction depends on your income: an accountant or a tax assistance centre (CAF) will work it out.

If you sell with us. The fee is agreed when you instruct us and written into the agreement before your home goes online; the agreement is a simple three-month mandate. Tell us about your home.

A guide to inform, not legal or tax advice: notary, lawyer and accountant have the final word. For your own case: info@triesteimmobiliare.com · +39 331 8940822.