Can a real estate agency demand a commission even if you found the apartment yourself?

Mgr. Nikola Šedová
8. October 2025
1 minute of reading
1 minute of reading
Legal news

Have you found an apartment on your own, but the real estate agency still wants a commission? You are not the only one who has encountered this demand. The question is: does it even have the right to do so? The answer depends on what you signed – and when.

A real estate agent can only claim commission if they have a contract with you that has such a claim in mind. If you haven’t signed a brokerage contract, you generally don’t have to pay any commission – even if the broker tells you otherwise. A problem may arise if you have discovered the apartment, for example, through an estate agent’s advertisement, but then agreed directly with the owner and concluded the deal without the broker’s involvement. Even in this case, the real estate agency may claim that it “brokered” the apartment – but it depends on the evidence and the specific wording of the contract.

Also, pay attention to what you signed during the inspection. Some agencies have the prospective buyer sign a so-called registration sheet, which may include a commission clause. If it states that you will pay the commission even if you buy the flat outright later, this may be a liability. But courts often look at cases like this on a case-by-case basis and examine whether the real estate agent actually contributed to the deal. The best defence is to read every piece of paper before you sign it – and if in doubt, consult a lawyer.

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