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Guide · Basics

What is off-market property?

Off-market means sold without being publicly listed. What lies behind it, who benefits and where the limits are – explained plainly.

By René Lindelaub, IMMOBRA GmbH Updated 28 October 2026 9 min read
Key points

Off-market properties are properties that are sold without being publicly listed – not on property portals, not in newspapers, not on an estate agent's website. Instead, they are offered selectively to a chosen group of buyers, through agent networks, access-restricted platforms or direct contacts. Typical reasons are discretion towards tenants, neighbours or the public, and the wish to test the market quietly first.

What exactly does „off-market“ mean?

„Off-market“ means „outside the (public) market“. An off-market property is for sale but is not publicly advertised. The term comes from the English-speaking property market; in German, stille Vermarktung (quiet marketing), diskrete Vermarktung (discreet marketing) and verdeckter Verkauf (covert sale) are also common. They all mean the same thing.

What matters is not whether a property is offered, but to whom: with a public listing, everyone sees it. In an off-market sale, only buyers selected by the seller or their estate agent see it – often only after signing a confidentiality agreement.

There is no legal term „off-market“. In Germany, off-market sales are subject to the same laws as any other property sale: notarisation by a notary (Notar), estate agency law, the Anti-Money Laundering Act (Geldwäschegesetz) and mandatory information such as the energy performance certificate (Energieausweis).

How do off-market, public listing and pre-marketing differ?

The three routes differ in who sees the property and when. Pre-marketing (Vorvermarktung) – internationally often called „coming soon“ – is an intermediate form: the property is shown to a small group before the public launch but is meant to go public later.

Feature Off-market Public listing Pre-marketing („coming soon“)
Who sees the property? selected, usually vetted buyers everyone a small group first, everyone later
Address and photos public? no yes, usually with photos only at the public launch
Period as long as necessary until sold limited, then listing
Number of prospective buyers small large small at first, then large
Price discovery negotiation with a few competition among many test, then competition
Discretion high low medium
Typical for apartment buildings, commercial property, villas, sensitive life situations apartments and houses in the mass market new-build projects, sought-after locations
Confidentiality agreement usual unusual rare

Both quiet forms are possible on diskret.immo: owners sell off market on a permanent basis or first test demand quietly before deciding. The platform explains both under Sell property discreetly.

Who sells property off market – and why?

Off-market sellers are mainly owners for whom publicity comes at a price. The reasons fall into four groups.

Protecting third parties. With let buildings, a listing unsettles the tenants. With commercial property, employees, customers and competitors wonder what it means.

Protecting oneself. Well-known people, entrepreneurs and families with high-end homes do not want photos of their living spaces online.

Personal circumstances. Inheritance, separation, divorce, need for care or financial difficulties are life situations that are none of the neighbours‘ or acquaintances‘ business.

Market strategy. Portfolio holders sell individual properties without revealing their approach. Others want to avoid a property being seen as „shelf-warmer“ after a long time on the portals.

Off-market properties are typically bought by private investors, family offices, institutional investors, entrepreneurs and high-net-worth individuals – that is, by buyers who search in a targeted way and can decide quickly.

What are the advantages of an off-market sale?

An off-market sale above all brings discretion and control. For sellers:

  • Confidentiality: Tenants, neighbours and the public learn nothing as long as the seller does not want them to.
  • Control: The seller decides who receives which information and when.
  • No public price history: There are no price reductions in the listing, because there is no listing.
  • Fewer casual viewers: Only buyers who have shown financing and serious intent come to viewings.
  • Quiet market test: The seller finds out whether there is demand without committing.

For buyers:

  • Less competition: You do not negotiate against dozens of other prospective buyers.
  • Early access: You see properties that never go public.
  • Organised documents: Anyone selling quietly and professionally usually prepares a data room.

What are the disadvantages of an off-market sale?

Honestly considered, the quiet route also has limits. For sellers:

  • Smaller pool of buyers: Fewer prospective buyers mean less price competition. Whether the final price ends up higher or lower than with a listing cannot be predicted in the individual case.
  • Search may take longer: If none of the existing buyers fits, it takes longer.
  • More work up front: Documents, valuation and the anonymous profile must be prepared carefully.

For buyers:

  • Little comparison: Without public offers, comparable prices are missing. Key figures such as the purchase price multiple and official market reports become more important.
  • Access hurdles: Confidentiality agreement, proof of identity and proof of funds take time.
  • Dubious offers: Under the „off-market“ label, exposés also circulate that are passed on without the owner’s mandate. Always ask who is offering on whose behalf.
For sellers For buyers
Biggest advantage discretion and control less competition, early access
Biggest disadvantage smaller pool of buyers few ways to compare
What to watch keep the anonymous profile truly anonymous check the mandate and documents

The guide Off-market or public listing? offers decision support for both sides.

Are off-market properties cheaper?

Not as a rule. The widespread expectation that off market means „bargains“ cannot be substantiated: off-market sales are not reported separately in any official statistics. In Germany, the local valuation boards (Gutachterausschüsse) record all purchase contracts, but do not distinguish whether a property was previously listed.

It is true that less competition can give the buyer room to negotiate. It is equally true that many owners sell quietly precisely because they are under no pressure on price. A good off-market purchase is therefore one at a fair price with clean documents – not necessarily one below market value.

How high is the commission on off-market properties?

In Germany, the same commission rules apply to off-market sales as to any other sale. It depends on the type of property and the buyer:

Property and buyer Rule
Apartment or single-family house, buyer is a consumer If both sides pay, then in equal amounts (§ 656c German Civil Code, BGB); the agency contract must be in text form (§ 656a BGB)
Apartment building, investment apartment building (Zinshaus), commercial property, plot The split rule does not apply; commission freely negotiable
Direct sale without an agent no agent’s commission

The amount is not fixed by law and varies by region. Reputable providers state it before the contract is concluded. What applies at diskret.immo: use is free of charge for buyers. The buyer’s commission is stated in every anonymous profile. For apartments and single-family houses, seller and buyer bear it in equal shares (§ 656c BGB). For apartment buildings, commercial property and plots, it is agreed per property. For owners: the initial consultation, initial valuation and quiet market test are free of charge and non-binding; a commission is only payable on a successful sale and is agreed in advance in the agency agreement.

Note: This guide provides a general overview and is no substitute for legal advice.

Which properties are suitable for an off-market sale?

The quiet route is particularly suitable for properties where publicity harms one of the parties involved, or where only a few buyers are in question anyway.

Property type Suitability Reason
Let apartment building, investment apartment building (Zinshaus) high tenants should not be unsettled; buyers are professionals
Commercial property high employees, customers, competitors
Villa, estate high privacy, small pool of buyers
Plot, building land medium targeted approach to developers possible
Owner-occupied apartment low to medium broad pool of buyers, discretion rarely needed

The overview of property types at diskret.immo can be found under Buy off-market property: apartment building, investment apartment building, commercial property and villa.

How can you recognise a genuine off-market offer?

You can recognise a genuine off-market offer by the fact that the provider holds a mandate from the owner and releases information in a controlled way. If either is missing, caution is advised.

  • Mandate: The provider can say on whose behalf they are acting – the owner, an instructed estate agent or a partner in a joint deal.
  • Stages: First comes an anonymous profile; details only after a confidentiality agreement.
  • Documents: There is evidence for the key figures, in the data room at the latest.
  • No money up front: Reputable providers do not ask for a reservation fee before you have seen documents.

If you receive the same property from several sides, or immediately with address and photos, it is usually no longer a controlled off-market sale.

How does an off-market sale work?

An off-market sale usually follows the same pattern of staged information:

  1. Preparation: Valuation, documents, anonymous profile without address or photo of the façade.
  2. Approach: The anonymous profile goes to suitable buyers – via network, platform or estate agent.
  3. Confidentiality: Prospective buyers sign a confidentiality agreement (NDA) and receive the exposé.
  4. Vetting: Serious buyers provide proof of identity and financing and receive the address and the data room.
  5. Completion: Viewing, negotiation, a letter of intent if applicable, purchase contract at the notary.

diskret.immo maps this process in three release stages: anonymous profile (A), exposé for vetted buyers (B), address (C). Each release is granted individually and only with the owner’s consent or on the instruction of their estate agent; our team hands over documents personally, and every access is logged under a pseudonym. Details under How it works.

How do buyers get access to off-market properties?

Buyers reach off-market properties through networks: estate agents with a register of prospective buyers, access-restricted platforms, banks and wealth managers, family offices and approaching owners directly. The individual routes and a checklist are in the guide How to find off-market property.

On diskret.immo, you describe your search in your own words. The search breaks it down into criteria according to fixed rules, matches it against all anonymous profiles and, if you wish, saves it as a search profile; an email informs you about new matching anonymous profiles. More on the page Buy off-market property.

What is an off-market deal?

An off-market deal, also called an off-market transaction, is a property purchase in which the property was never offered publicly. Seller and buyer are brought together by an agent, a network or a platform with restricted access. The purchase contract is an ordinary notarised contract; for large properties the owning company is often sold instead (share deal).

What is an off-market offer?

An offer shown only to selected buyers – usually first as an anonymous profile with region, property type and price and size ranges, but without the address. The exposé and documents follow only after a confidentiality commitment and approval by the owner.

Is an off-market sale legal?

Yes. An owner is free to decide whether and how to advertise their property. The same laws apply as to any sale, including the requirement of notarisation and, in Germany, the Anti-Money Laundering Act.

Does an off-market property need an energy performance certificate?

Yes. In Germany, sellers or estate agents must present the energy performance certificate to prospective buyers at the viewing at the latest, or without delay if there is no viewing (§ 80(4) Building Modernisation Act (Gebäudemodernisierungsgesetz), formerly Building Energy Act (Gebäudeenergiegesetz)). This applies regardless of whether the property is listed.

What is the difference between off-market and an exclusive mandate?

An exclusive or sole mandate (Exklusiv- oder Alleinauftrag) stipulates that only one estate agent markets the property. Off-market describes that there is no public advertising. The two can be combined but are not the same.

How many properties are sold off market?

There is no reliable official figure, because purchase contracts are not recorded by sales channel. Figures in the media are usually based on estimates by individual market participants.

Can I still list publicly later as a seller?

Yes. Many start quietly and only go public if no suitable buyer is found. The reverse is more difficult: a listing, once published, cannot be undone.

Quellen

  • Bundesministerium der Justiz: Bürgerliches Gesetzbuch, §§ 656a bis 656c (German), abgerufen 26.10.2026, https://www.gesetze-im-internet.de/bgb/__656c.html
  • Bundesministerium der Justiz: Geldwäschegesetz, § 2 Abs. 1 Nr. 14 und § 11 Abs. 2 (German), abgerufen 26.10.2026, https://www.gesetze-im-internet.de/gwg_2017/__11.html
  • Gebäudemodernisierungsgesetz (GModG), § 80 Abs. 4, Fassung BGBl. 2026 I Nr. 226 vom 23.07.2026, wirksam ab 29.07.2026 (German), abgerufen 26.10.2026, https://www.buzer.de/80_GModG.htm

René LindelaubManaging Director of IMMOBRA GmbH, estate agent since 2008. Reviewed by IMMOBRA; not legal or tax advice.

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