Assistance with legal questions about real estate agent fees

Questioner

My former real estate agent informs me through lawyers that I owe him money. These are brokerage costs in which he did not participate. The lawyers' letter ends with the sentence: If you have not paid within the set time, I have the client's permission to take legal action against you. My question: what happens next if I don't respond at all?

Lawyer

Not responding is never advisable in these types of cases. If you do respond, please do so in writing, preferably by registered mail. It is best to dispute the broker's claim briefly and factually. The next step is that the lawyer - if there is reason to do so, often it is pure bluff - goes to court. You will then receive a summons via a bailiff. If you do not respond, you will most likely be sentenced in default. With this verdict, the bailiff can seize your bank account, your movable and immovable property and your wages or benefits.

Lawyer

In addition to the above I note the following, assuming that it concerns (rental) rental. If it concerns (sale) purchase, please let me know. Contract costs or administrative costs for the work involved in drawing up a lease, etc. are permitted, but the costs must be reasonable. Brokerage costs cannot be claimed from the tenant if the broker actually acts on behalf of the landlord. The same applies if he did receive an order from the tenant, but at the same time mediated pursuant to an agreement with one or more landlords who are looking for tenants for their vacant homes. Because the broker can only offer homes if they have been offered by a landlord, the landlord is therefore the client for the search for a tenant. It follows from this that it is unreasonable to let the tenant pay for this (as well). Tenants who may have paid brokerage costs can therefore reclaim these as undue costs. Because you only now receive an email with the document while you have already viewed the property, it is clear that this is a rigged deal. Sign the document, including the date of signing, save all email correspondence and protest immediately and reclaim the costs after you have moved into the property. Rental law and real estate law are my specialisation and I am happy to assist you with this. Please feel free to contact me without any obligation.