You refuse to pay the commission claimed by a real estate agency

You refuse to pay the commission claimed by a real estate agency

 

You are looking for an apartment and you have contacted several agencies. You have signed a non-exclusive research mandate with one of them. This shows you around an apartment. Continuing your research, you stumbled upon the same apartment offered by another agency. The transaction was finally concluded with the latter.

 

The first agency claims fees from you, claiming that it was the first to show you around the accommodation. However, when the client signs a simple mandate with an agency, it is because he reserves the possibility of looking for his side and of soliciting other agencies to give himself more chances to find quickly. Only the agency which has succeeded in the business can obtain remuneration, in accordance with article 6 of the law of January 2, 1970. However, the latter could claim the award of damages by proving a fault of its client. who, by an abuse on his part and taking into account the diligence accomplished, would have deprived him of the realization of the sale.

 

recommended letter with receipt note

 

Dear,

 

Yesterday I received your registered letter asking me for the amount of the commission provided for in the mandate I gave you. You reproach me for having contracted through another agency, whereas you had shown me around the premises before this competing agency.

 

After my tour of the premises, I found the price excessive and made a lower offer. Your employee has not performed any diligence or intervention to bring about a reconciliation between us. It was by chance that I came across this apartment, which I visited through another agency.

 

In the absence of an exclusive mandate, I did not commit any abuse in concluding the deal with the competing agency, which was able to find the basis of our agreement.

 

Please accept, Madam, Sir, the expression of my best regards.

 

(Signature) 123