The real estate agent does not represent the seller, but himself

Nalett when buying an apartment or house is easy. It is easier to fly as a buyer, but real estate agencies can also deal with sellers. Mr. Vbkov from Ostrava was convinced of that.

Pavla vbkov wanted to sell an apartment she had in her personal ownership a year ago. She chose the M & M reality real estate agency as an intermediary. Makl from the branch in Ostrava-Marinskch Horch started working, soon found a tenant and signed a reserved contract with him. They agreed that when one or another withdraws from the contract, that species will be entitled to severance pay in the amount of the reserved deposit.

The agreement applied, but for other parties

And soon she drank for it. The recipient changed his mind, he paid the agreed severance pay to the realtor, but she kept them. And she didn’t even have a crown for it, even though I had to pay the payload of thousands of crowns to the repair fund for almost a year, sighed Pavla vbkov.

How is it mon? The reserved contract omitted it from the claim for severance pay: the claimant had only a real estate agency as an intermediary, or just a tenant, but the seller did not.

In this case, the real estate agent was the first to keep the entire contractual penalty. It does not follow that it should be issued by the seller, and the form with the recipient states that the contractual penalty is in favor of the intermediary, explains the lawyer Ondej Mader.

Jan Borvka from the Association of Real Estate Agents R (ARK R) does not see anything bad about the progress of real estate. According to him, the way to deal with severance pay, in practice, if the case falls from the case and badly only on how the participants agree on the transaction:

Twice to the same…

Mr. Vbkov learned, he said to me, we are going, we are going long.


This year, therefore, it concluded a new agreement with the real estate agency on a temporary agency. When the real estate found a buyer and he deposited the reserved deposit, Mr. Vbkov had the written request from Tom Vehovsky’s broker confirm that in the event of the withdrawal of the recipient, 15 thousand compensation will be paid.

And it so happened that the recipient backed out of the trade again, only compensation nowhere. Give me a dead beetle, say the owner of the apartment. After the emergencies, the management of the branch made it known that it would pay the compensation, but under one condition: that the realtor of the real estate will extend the validity of the exclusive brokerage agreement for the sale of the apartment. But the seller refused and sold the apartment without further complications through another real estate agency.

According to lawyer Ondej Mader, the conditions for the payment of compensation are not added instead. According to a letter from a real estate agent, they should pay 15 thousand crowns as compensation. It is actually a one-sided view of the real estate agency. It does not follow that the contract was concluded in any way, the court lawyer.

Like a game of hunting

What about a real estate agent? The branch in Ostrava ns referred to the center, the center did not answer questions. They probably sent it back to the branch, according to Martin Imonides from the client department.

That could be understood. A little bit of the fact that the responsible broker from the Tom Vehovsk branch does not know anything about the problem. I didn’t have the information, so do they (centrla – editor’s note). I really don’t know, but I don’t know the field, I hardly call the phone, his signature is on all agreements with Mr. Vbková and on the set of compensation.

The contact was really sent to Martina Imonides from the client department. She promised to get on the problem right away, and she kept her promise. She communicated with the client, in mm sdl, she reported an hour later.

What was not a few msc suddenly moved within an hour. Just again with one condition. They called me to apologize to the party that they were going to take the compensation and that I would agree with me when I would agree that this link would not be printed. This is the caller to heaven, to Paul vbkov.

On the subsequent inquiry to, the real estate is in any way conditionally ash. We do not lay down the conditions for the payment of payments, wrote Martina imonidesov. Compensation under n has not yet been paid due to a lack of communication between the branch, the head office and the client, but immediately to the client. Back, the client confirmed to the editors that she received 15 thousand.

Real estate is not a lawyer

When concluding a contract, the real estate agent sometimes represents the seller in a similar way as a lawyer, but this is not the case – the real estate agent is an intermediary and the only interest that he is looking at is, of course.

The mediator is not obliged to act as a representative only in the name of the represented person. The seller should always pay attention to the text of the contract and insist on changes, not rely on professionalism and do not let themselves be told that it is a form and must not be too small in it, advises lawyer Ondej Mader.

Jan Borvka from ARK R reminds that, as well as the costs of real estate, arise when changing the store and the seller, and it is therefore primarily in his sight to contract their castle.