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Plasencia court rules on real estate commission liability
A court ruling in Plasencia has addressed the legal responsibility regarding real estate commission payments during property transactions. The case centered on whether a buyer is obligated to pay agency fees after expressing interest in a property already listed by a real estate firm.
In this instance, a real estate agency sought 9,038.70 euros from buyers, representing a 3% commission plus VAT. The agency had a mediation contract with the sellers, but also attempted to have the interested buyers sign an intermediation contract. When the buyers withdrew before the sale was finalized, the agency demanded payment.
Both the courts in Plasencia and the Provincial Court of Cáceres rejected the claim. The legal consensus established that because the initial mandate for mediation was provided by the property owners, the commission is not automatically exigible from the buyer, particularly when the agency was already contracted by the sellers to market the home.