Legal Advice on Brokerage Fees


Questioner

We recently wanted to put our house up for sale, so an estate agent came by for a no-obligation consultation. After this conversation we said that we would like to do business with him, she would draw up the contract and deliver it during the week. An appointment was also made for the photos, but after asking our advisor it was better not to put the house up for sale. Because my husband is not 100% sure that he will get a new mortgage (because his previous house was sold with residual debt and NHG took this on their neck) He immediately contacted the real estate agent and she also said that it was better not to take any risks. She then called back later to say that there were costs involved (250 euros) because she had already requested some information from Funda. Is the broker entitled to cancellation costs if the order is cancelled without us having signed anything? And if so, can I ask to see what she incurred those costs for or whether that act was actually the case. I look forward to hearing from you. Kind regards

Lawyer

In the event that the broker is not affiliated with the Dutch Association of Brokers: There may be a verbal agreement. The fact that the agreements were not yet in writing does not make any difference. If there is a verbal agreement, the broker may charge you for the costs he has already incurred, provided that this was discussed during the conversation. Otherwise, you have not agreed to this part of the agreement. In the event that the broker is affiliated with the Dutch Association of Brokers: From art. 17 of the General Consumer Conditions of the Dutch Association of Estate Agents it follows that (the amount of) compensation for costs already incurred must be discussed in advance with the consumer and that these agreements must be set out in writing. If this is not the case, the estate agent may not pass on the costs to you. Finally, you can always request a specification of the costs. This is even advisable.

Questioner

Thank you for your response, I will definitely request a specification and check whether this broker is affiliated with the NVM.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.