Reclaim brokerage fees? Get free advice!

Questioner

Ir/Madam, I have a question about reclaiming brokerage fees. In my case I responded by phone to house A and the agent suggested to also look at B & C, all from their rental properties. The agent then confirmed the appointment by email and found the viewing. I eventually rented address B. I had to register online for the viewing and agree to their general terms and conditions, which state that the home seeker instructs them to provide a service and is therefore considered the client, and that they therefore work exclusively for the tenant. I have my doubts about this, as I read somewhere that the tenant can be charged brokerage fees if he gives the broker a search assignment and brokers a property that is not part of his own housing offer. I believe that the amount of the brokerage and administration costs of €815 + VAT is not realistic in relation to the work that was carried out for me as a tenant. Can I reclaim the brokerage fee in my case?

Lawyer

Day, Where did you read that? The broker is not allowed to wear two hats and charge both tenant and landlord for costs that concern the same work. In your case, you have placed an order and agreed to the conditions in advance.

Lawyer

As a tenant, you are not always obliged to pay brokerage fees. You only owe these if you hired the broker yourself to find a home for you. If you did not hire the broker yourself and only responded to a home that he already had 'on the shelf', then you do not have to pay brokerage fees. Not even if the payment of these fees is stated in black and white in the contract. In that case, the landlord hired the broker. If you pay such fees, then there is an unreasonably obtained advantage for the brokerage office. This is also how the law sees it and it comes to your aid: you can invoke the nullity of the agreement on these brokerage fees and thus claim the money back. This is possible up to five years after payment. If the broker is only paid by the tenant and does not receive any amount from the landlord, it is questionable whether the amount you paid is reasonable in relation to the work the broker has performed. You can always contact me directly if you have any further questions.