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
Reviewing the documents
The brokerage order, the exclusivity agreement, WhatsApp messages, emails and the sale contract. Every claim starts here.
Assessing the case
Whether the legal conditions are met, what can be proven, and what the other side is likely to argue.
A demand letter
A formal approach to the other side before proceedings. Disputes are often resolved at this stage.
Negotiation or mediation
An attempt to reach a settlement without lengthy proceedings, when that serves you.
Filing and representation
Filing the statement of claim and representation in court until the case is concluded.
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.
Talk to me on WhatsApp