Brokerage Fee Claims and Claims Against Brokers

Disputes over real estate deals often end up in court: a broker who was not paid the brokerage fee, or a client harmed by a broker's conduct. I represent clients in claims under the Real Estate Brokers Law, 1996, and bring hands-on experience from brokerage work itself.

Brokers: claiming your brokerage fee

Under section 9 of the law, a broker is entitled to a fee when three conditions are met: a valid license, a written brokerage order signed by the client, and being the effective cause of the deal. Most disputes revolve around these conditions.

The client went around you

You showed the property, and the buyer and seller closed directly or through another broker to save the fee.

A deal after the engagement ended

The deal was signed shortly after the exclusivity or the order expired, with a buyer you introduced.

Several brokers on one deal

Two or more brokers claim a fee on the same deal, and it must be decided who was the effective cause.

A disputed written order

The client claims the order is incomplete, was not properly signed, or does not cover the property that was sold.

A client who refuses to pay

The deal was signed, but the client refuses to pay or pays only part, citing complaints about the service.

Clients: a claim against a broker

The law imposes on brokers duties of care and loyalty toward the client, and a duty to disclose material information they know about the property. When these duties are breached, the client may claim damages and sometimes recover the fee paid.

Material information withheld

The broker knew about a defect, a building violation, a debt or a registration problem, and did not tell you.

Conflict of interest

The broker had a personal interest in the deal, or in fact worked for the other side, without telling you.

A fee charged unlawfully

You were charged a fee without a written order, without a valid license, or on a deal the broker did not bring about.

Exclusivity not honored

You signed an exclusivity agreement, and the broker did not market the property as promised.

How a claim is handled

  1. Reviewing the documents

    The brokerage order, the exclusivity agreement, WhatsApp messages, emails and the sale contract. Every claim starts here.

  2. Assessing the case

    Whether the legal conditions are met, what can be proven, and what the other side is likely to argue.

  3. A demand letter

    A formal approach to the other side before proceedings. Disputes are often resolved at this stage.

  4. Negotiation or mediation

    An attempt to reach a settlement without lengthy proceedings, when that serves you.

  5. Filing and representation

    Filing the statement of claim and representation in court until the case is concluded.

Good to know: Keep every document and message: the brokerage order, the exclusivity agreement, messages, emails and property listings. In these cases that evidence is usually what matters most. It is also worth acting early, before documents are lost and witnesses forget.

Why brokerage experience matters in these cases

I work as a real estate broker myself, so I know from the inside how brokerage orders are signed, how viewings and negotiations are run, and what is accepted practice in the industry. That helps me see quickly what is missing from the case and what the other side will argue.

Send a short description of your case on WhatsApp, and we will check together whether there are grounds for a claim.

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I also work as a real estate broker, separately from my legal practice. I do not take a case connected to a deal in which I acted as a broker, or against anyone who was my brokerage client. The information on this page is general and is not a substitute for individual legal advice.