November 5, 2026
Agency Tries to Charge Buyers in Failed Sale – Court Says No
Estate agents cannot force house hunters to pay fees on collapsed purchases when acting for the vendor, a Spanish court has ruled.
According to reports, an estate agency tried charging buyers for a failed property transaction involving a home listed by the agency. The Provincial Court of Caceres rejected a claim by an estate agency for €9,038.70 from a couple who made an offer on a flat in Plasencia, a town in the western region of Extremadura.
The owners hired the agency to market the property for €249,000. When the couple viewed the flat, the agency had them sign an agreement committing to pay an extra 3% commission plus IVA if the owners accepted the offer. The purchase fell through, and the agency demanded the payment from the buyers.
The judges determined that the agency held a contract with the sellers, not the buyers. The couple viewed an existing advert rather than hiring the firm to find a home.
The court applied statutory consumer protection rules. Because the agency used a standard-form document and failed to give the required pre-contract terms to the buyers, the fee clause was void. Agency records also confirmed that one of the sellers rejected the offer.
The agency lost the claim and had to pay the legal costs.
The judgment limits the ability of estate agents to collect fees from prospective buyers when marketing homes for vendors.
