Legal questions about real estate agent fees: what to do?

Questioner

Good day, Can an agent charge withdrawal costs if they return the order themselves?

Lawyer

Why does the agent withdraw the assignment? What does the agreement/conditions state about this? Are these withdrawal costs or compensation for costs incurred for brochure, advertisement etc.?

Lawyer

If the broker is an NVM broker, the NVM terms and conditions state that if the broker returns the assignment, he is not entitled to brokerage fees, but only to reimbursement of costs already incurred.

Questioner

It is an NVM broker. I read at the NVM that they are not allowed to charge withdrawal costs when returning the order. Returning the order must also be done in writing, in my case it was done verbally. The house has been for sale for 3 years and has not had any viewers in the past 2 years. ... He indicates that I can only sell it if I drop 30,000 in price (asking price 169,000). He wants to offset the withdrawal costs again if I put it up for sale with them again in 3 years, for example. The invoice also includes advertising costs and registration costs. I sent them an email that according to the NVM they are not allowed to charge withdrawal costs and asked to respond by email, so they don't do this and keep calling.

Lawyer

In any case, you must now pay all costs except the withdrawal costs. I recommend that you state exactly what you are paying for. For the rest, you have already filed an objection. I would repeat that and also state that you have now paid amount x for the advertising costs and registration costs

Lawyer

Addition: the NVM conditions state that the broker can only return the assignment on the grounds of important reasons. I don't see that happening anytime soon in this case.

Lawyer

The above is correct, but you have no use for an agent who no longer tries. Furthermore, if there really is an unrealistic asking price (which cannot be assessed here), the agent can return the assignment.