Estate agent wants to charge me 250 euros for searching for a flat in a village

250 euros for searching for a flat: legitimate expense or abuse?

An estate agent is demanding 250 euros from a buyer for "search expenses" after the buyer rejected the only property he visited. With no signed contract, the buyer faces a dilemma: pay for a service that was never formalised, or refuse and risk a legal dispute.

The case: three weeks of calls and one failed visit

According to the buyer's account, the agent contacted him repeatedly offering flats in a village, even though the original instruction was to sell his current home. The agent spent three weeks arranging appointments and sending photos, but the only visit made was to a flat with stairs that the buyer rejected. The other properties could not be viewed because the local agency refused to share its commission with the intermediary. After being stood up at one appointment, the buyer decided to end the relationship, at which point the agent demanded 250 euros for the expenses incurred.

Is it legal to charge for an unsuccessful service?

In the Spanish real estate sector, commission is usually only paid when the deal closes, unless there is a specific search services contract. The absence of a written agreement works in the client's favour: without a clause stipulating fees in the event of no purchase, claiming these expenses is legally weak. However, the agent argues that his time and coordination have value, even if the outcome was unsuccessful. The majority view among experts consulted is that, without a contract, payment cannot be demanded, while a minority argues that all work deserves payment if it was tacitly accepted.

Lessons for consumers: say no in time and in writing

The case illustrates how a professional's persistence can lead people to accept unwanted services. The buyer admits he did not know how to say no. The lesson is clear: any real estate service should be formalised in writing, specifying costs and conditions. The 250 euros, while not an exorbitant amount, represent the price of not having set clear boundaries. OCU (the Spanish consumer organisation) recommends distrusting intermediaries who work "on a handshake" and always asking for a quote beforehand.

The buyer has chosen to pay to avoid trouble, but will first consult a lawyer. The final decision will depend on the legal interpretation, but the damage is already done: three weeks of hope and money he will probably never get back.

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