Establishing fraudulent manoeuvres

Application pratique:

Under Cass. 09-14.949, if you prove fraudulent evasion, you cannot claim the contractual 5% commission (€12,500) but you can seek damages (e.g., €10,000) for your loss. Gather all evidence of the original introduction immediately, including emails and visit logs. Send a formal demand letter, then initiate legal action within five years.

Application pratique:

This case law means your agent can sue you for damages equal to the net commission they lost (e.g., €25,000), plus legal costs. Avoid fraudulent schemes: they rarely succeed and lead to court orders and a record. If you wish to sell without agency, wait until the mandate expires and ensure any buyer was not introduced by the agent. Keep all documents showing the buyer's origin.

Application pratique:

If the agent discovers and proves fraudulent collusion, you may be ordered to pay damages jointly with the seller. The court awarded damages only, not the commission, but you risk litigation and a judgment affecting your creditworthiness. To avoid this, always go through the agent for properties they introduced. Request a written confirmation from the seller that no agent was involved if you proceed privately.