Estate Agent's Right to Commission: Key Court Decision

This decision provides important insight into your property law. Here is what it changes for you.

The situation

It follows from Article 6 of Law No. 70-9 of 2 January 1970 that where an estate agent, holding a mandate, shows a property for sale to a person, and the seller subsequently deals directly with that person, the transaction is deemed to have been effectively concluded through the agency of that agent, who is then entitled to payment of the agreed commission, unless account is taken of the actual sale price of the property and the circumstances or faults of the estate agent.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal deadlines for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.