Quick legal tip: Real estate agent withholds booking fee even if sale is off

Mgr. Nikola Šedová
28. May 2025
1 minute of reading
1 minute of reading
Legal news

You’re interested in the apartment, you’ve signed the reservation contract and paid the fee. But the sale didn’t go through – and the estate agent says the fee is forfeited. Is it really that simple?

rezervační smlouva, poplatek

It all depends on what the contract says

The reservation fee is actually a form of commitment – you pay for the property not to be offered to other buyers. But that doesn’t mean you lose money in every situation.

  • The fee cannot be forfeited automatically – It must be clearly stated in the contract when and under what circumstances it will be forfeited. For example, if the buyer “changes his mind without reason”.
  • If the seller fails, you are entitled to a refund – If the sale falls through for reasons on the seller’s side (e.g. they changed their mind or raised the price), the booking fee is refundable.
  • Beware of vague clauses – Contracts are often one-sided in favour of the estate agent. If specific terms are missing, such a contract may be legally actionable.

What to do?

Ask the real estate agent for a written justification as to why they are keeping the fee. Check the exact wording of the contract – ideally with a lawyer. If it doesn’t clearly state that the fee is forfeited even in that situation, you may be able to seek a refund – even in court. In the past, the courts have ruled in favor of buyers when the terms in the contract were unclear or one-sided.

A consumer advice centre or a solicitor can also help by assessing the contract and preparing a refund claim.

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