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Real estate brokerage fees and obligation to pay

Hello,

Recently, I am in contact with a real estate broker for a 2 BHK apartment. He showed me an apartment and he said there is an agency fee of 5% and a broker fee of 2500.

I did not agree with it. He did ask for my documents which I have given but then I thought of reaching the landlord. The apartment display the real estate management company number of this building.

I called them and they said they didn't appoint any broker nor did they retain. So, I booked the flat directly with the property management since they insisted to book through.

Now, the broker is claiming that he needs his fee, if not, he will follow a legal approach. It's a small amount but the whole process to secure this apartment is done by myself, why should I pay?

Is there any rule as show fee?

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5 Jul 2018, 09:31

Dear Questioner,

First of all. Thanks for your inquiry. I have to be very honest in my reply so please excuse my honesty and take my advice subjectively.

You did contact a Real Estate Broker who showed you an apartment that you like, you did not want to pay his fee - which is reasonable and exactly as per the law and the market customary practice - then you decided to bypass him reaching out to the landlord directly.

The landlord - who previously gave access to the Real Estate Broker who allowed you to make the viewing - denied that they do business through brokers, which saves the landlord the brokerage fee that he might pay as well.

The broker job is to show you an apartment that you might like. He is eligible to get his fee if he reaches this conclusion.

Securing the apartment which is probably the administration work to execute the contract between you and the landlord is part of his job but a very small part.

The fact that you did not sign any agreement with the broker gives you a way out of paying him his fee. But, the ethical obligation will always remain. Think again about your decision.

I hope I made myself clear and excuse my honesty.

Best regards,

Ahmed Elnaggar

5 Jul 2018, 16:21

Thanks, Ahmed for your response.

There are a couple of things here, yes ethical obligation to pay him will remain, and I am happy to pay him only as show fee.

1) The apartment he showed me is different from the one I booked and the fact is it has already been booked by somebody.

2) The real estate broker advised me, there is management fee and also Commission. i.e. 5% management fee and a commission of 3k.

3) I did not approach landloard but property management company, which they claim they did not appoint any broker nor they do retain.

4) All paper works and other hassle has been done by myself, he just come to know that booked this aprartment from the building while he showed to other tenant.

My question is am I legally obliged to pay him? Yes, ethical remain same but it can’t be 3k!

5 Jul 2018, 19:53

I answer you based on your question!

As long as you have not signed an agreement with the broker and the landlord denies his assistance then - legally - you do not have to pay.

If you are asking how much should be the commission for finding the unit you are renting then the answer is 5%.

Regards,

Ahmed Elnaggar

6 Jul 2018, 04:48

Thanks, Ahmed

6 Jul 2018, 07:25

Welcome

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