Do I Have to Pay a Real Estate Agency Even If They Didn’t Sell My Apartment?

Question:

Hello, I am contacting your real estate advice service, which I found on your website, because I am unsure how to handle one real estate company. They are asking me to pay for expenses they allegedly incurred while offering my apartment. They listed it for six months, I did not sign any contract with them, and the apartment still hasn’t sold. Do they have any right to claim payment? Thank you for your answer. D.K.

Answer:

The confident argument “I didn’t sign anything, so I’m not obligated” is something we hear very often and unfortunately stems from a lack of knowledge of civil law. Very few people realize that a brokerage agreement, which most real estate agencies operate under, does not require a written form to be valid. Therefore, not having a “signed” contract does not mean there is no obligation. That is why approaching multiple agencies and asking them to find a buyer without a written agreement is not prudence, but a risk.

It is much safer to clearly define mutual rights and obligations in writing. This way, no one can claim more than what is agreed upon and signed. Regarding your question about paying a commission or costs despite the sale not occurring: I do not know the details of your verbal arrangement, but I emphasize that a reputable real estate agency charges a fee only upon a successfully completed transaction. Anything else is unreasonable and does not belong in the modern real estate market.

Thank you for your question.

Mgr. Oldřich Platil

Head of Legal Department