Does a real estate agent earn commission just by showing a house? Can a fee be demanded if there is no written contract? We explain the conditions for brokerage (real estate agency) fees in light of Supreme Court decisions.
1. Written Form Requirement in Real Estate Brokerage Contracts
In Turkish law, the validity of contracts related to real estate agency (brokerage) activities is subject to a strict formal requirement under Article 520 of the Turkish Code of Obligations No. 6098. This matter is evaluated as follows in judicial decisions:
Supreme Court 3rd Civil Chamber-2023/3929-2024/2113 -09.09.2024: “A brokerage contract concerning real estate shall not be valid unless made in writing.” This provision is a condition for the validity of the contract, and if the written form is not adhered to, the contract is legally deemed invalid.
Istanbul Regional Court of Justice 12th Civil Chamber-2019/1562-2022/247 -17.02.2022: “It is not possible to demand a fee based on a contract that is not in writing and therefore invalid.”
Supreme Court 13th Civil Chamber-2008/13735-2009/3606 -17.03.2009: The arrangement of a real estate brokerage contract in writing is a condition of validity, and the absence of this condition necessitates the dismissal of the lawsuit.
2. Legal Nature of Merely Showing a Property and Right to Fee
The mere act of a real estate agent showing a property is generally not considered sufficient.
General Assembly of Law-2020/339-2022/723 -24.05.2022: “If the real estate agent cannot finalize the sale, they cannot claim any rights merely due to the property showing process. This is because showing the property is one of the preparatory actions of brokerage activity, and if a result cannot be achieved within the scope of these activities, no claim for rights can be made solely on the basis of the property showing process.”
General Assembly of Law-2017/621-2018/1929 -13.12.2018: It was reminded that information stating that a fee cannot be demanded for property showing services should be displayed in a place visible to customers; and it was emphasized that the broker can only be entitled to a fee if the main contract is established as a result of their activity.
Supreme Court 11th Civil Chamber-2008/12633-2010/8479 -16.07.2010: It has been stated that merely showing the property does not entitle one to a fee, but a commission may arise if there is a written agreement and a commitment to a fee between the parties on this matter.
3. Contractual Nature of “Property Showing Form” and Similar Documents
Even if an official contract has not been drawn up, signed “property showing documents” can, in some cases, serve as a written contract. However, the content of these documents is decisive:
Supreme Court 13th Civil Chamber-2014/16856-2014/41135 -22.12.2014: It has been accepted that documents such as the “Rental/For Sale Real Estate Viewing Form” and “Offer Form” are considered brokerage contracts, and the commitments contained in these documents are binding.
Turkish Court of Cassation, 13th Civil Chamber-2012/26395-2013/1157 -23.01.2013: “The provision in the contract stating that a brokerage fee shall be paid if the real estate stipulated in the contract is purchased, having been signed by the parties without objection… is valid in accordance with the principle of freedom of contract.”
Turkish Court of Cassation, 19th Civil Chamber-2013/303-2013/4311 -07.03.2013: Conversely, it has been ruled that forms which only document the showing of a property but do not contain the fundamental elements of a brokerage contract do not, by themselves, give rise to the right to a commission.
4. Status of Payments Made Without a Written Contract
Istanbul Anatolian 12th Civil Court of Commerce-2023/521-2024/291 -02.04.2024: Contracts made without adhering to the written form requirement are invalid. In this context, commission fees paid to a real estate agent without a valid contract can be reclaimed under the provisions of “unjust enrichment.”
5. Conclusion and Evaluation In light of court decisions, for a real estate agent to be entitled to a commission fee:
There must be a written contract (or a property showing form of this nature) between the parties,
The purchase or rental of the real estate must have been completed as a result of the real estate agent’s intermediary activity.
If no written document or contract has been signed, the mere act of the real estate agent showing the property does not entitle them to claim a fee (Turkish Court of Cassation, 4th Civil Chamber-2012/9031-2013/8146 -06.05.2013).
Frequently Asked Questions (FAQ)
The real estate agent only showed the house, do I have to pay commission? As a rule, no. Merely showing a property does not give rise to a right to commission; the fee is dependent on a written contract/fee commitment and the actualization of a sale/rental transaction as a result of brokerage.
Can a real estate agent sue for commission if there is no written contract? A real estate brokerage contract is not valid unless made in writing (Turkish Code of Obligations Art. 520). If there is no valid contract, as a rule, the commission claim remains groundless.
Is the “property viewing form” I signed binding? The form can be considered binding if it contains the essential elements of a brokerage contract and a fee commitment. A form that merely documents that you viewed the property and does not contain a fee commitment does not alone generate commission. Therefore, the content of the document you signed is determinative.
I paid the commission, but there was no contract; can I get it back? Commission paid without a valid contract can be reclaimed under the provisions of unjust enrichment. Payment documents and correspondence are important at this point.
I verbally told the real estate agent, “okay, if you sell it, I’ll pay commission,” is that valid? In real estate brokerage, a contract is subject to the condition of written validity; a verbal agreement, as a rule, does not constitute a valid brokerage contract. However, if there is a signed form/correspondence, the situation may change.
Two different real estate agents showed the same house; do I have to pay both? The commission belongs to the real estate agent whose brokerage resulted in the establishment of the contract and who has a valid written commitment. Which activity led to the outcome and which document was signed should be examined in the specific case.
Is the real estate agent’s commission rate freely determined? The rate is determined by the written agreement of the parties; however, the basis of the requested fee and its connection to the actual transaction are subject to judicial review. Excessive or unfounded demands can be objected to.
Why is expert legal support necessary? — 2M Law Office
Real estate commission disputes, although they may seem simple from the outside, revolve around the interpretation of document content, the assessment of formal requirements, and the selection of the correct legal precedent. Whether a form you signed constitutes a “fee commitment,” the causality between the property showing and the outcome, or the reclaimability of a paid amount; often depends on the legal nature of a single sentence or signature. A wrong assessment means an unnecessary payment or a lost lawsuit.
2M Law Office, based in Tuzla (Founder: Attorney Meryem Günay), provides consultancy and litigation services in real estate and obligations law disputes in Istanbul’s Anatolian Side — Tuzla, Pendik, Kartal, Maltepe — and the Gebze/Kocaeli region. The firm’s expertise in real estate and contract law directly reflects on the proper protection of client rights in real estate commission disputes.
Support that 2M Law can offer in this regard:
Document and form analysis: Evaluation of whether the signed property showing/offer form constitutes a fee commitment and a contract.
Objection/defense against commission claim: Legal defense against unfounded or excessive commission claims.
Unjust enrichment/restitution lawsuit: The process of recovering commission paid based on an invalid contract.
Consulting for real estate agents/offices: Preparation of valid and enforceable brokerage agreement/form texts.
Current case law management: Strengthening the case by selecting the most appropriate and UYAP-confirmed current decisions for the specific situation.
Don’t leave your rights to chance in real estate commission disputes. Contact 2M Hukuk Law Office for the evaluation of your documents and the management of the process.
