Question about real estate agent commission? Get free advice!

Questioner

Dear, Our real estate agent has sent us an invoice regarding the brokerage fee for the sale of our home. The invoice amounts to 1.5% excluding VAT of the sales price of our home. We were shocked by this because the invoice was hundreds of euros higher than estimated. We checked our contract (Service Order) with the broker and it clearly states that the brokerage fee would be 1.5% INCLUDING VAT. And that it would be 1.85% excl. VAT. I thought this was a bit strange at the time because I think they meant the other way around. But anyway, we signed for these conditions. Can the broker still charge us extra VAT despite their 'mistake' (if that's what it is of course)? Including VAT is exactly what they say, including VAT, right?

Lawyer

No, this is a clear error: you are bound by it if the calculation is correct.

Lawyer

In the order for services, a clear error has indeed occurred. As you yourself indicate, it should have been 1.5% ex VAT and 1.85% incl VAT. Now that this is an obvious error, you are obliged to pay the invoice as it was drawn up.

Questioner

No, the invoice now states that the 1.5 brokerage fee is excl. VAT. So the broker is wrong? They should invoice as the contract states, right?

Lawyer

What is on paper is not always leading. It is about what the parties intended to agree on. If there is an obvious error in the agreement - and I believe that this is the case here - then the text in an agreement is certainly not leading. You yourself indicate that you found it strange at the time and that you assumed that it should be the other way around. By now - in retrospect - invoking this obvious error, I would almost say that you were not acting in good faith at the time you entered into the agreement. My answer may disappoint you and probably not be what you had hoped for. Unfortunately, that is how it works and in my opinion that is also fair. Someone can simply make a mistake and this should not mean that he immediately draws the short straw.