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In the exclusive estate agency agreement, Point 12 under additional terms, my estate agent has included a clause that states " Should any option money or deposit paid by the Buyer be forfeited by the seller, then one half (1/2) of the forfeited sum shall be paid to the estate agent, provided such amount does not exceed the comission. Why is this clause included? Is it market practice? I did not see such clause recommended by CEA. Any feedback would be helpful. Tks
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1 Answer

This clause has always been there. Even before CEA was set up.

If you have used your agent's own contract, it would be in there. Not something that is added.

In a situation where the buyer pulls out of a deal, he loses the deposit.

It is the agent (exclusive or not) who brought the buyer.

It is only fair that the agent gets a share of the 'windfall'.

No agent 'hope' to gain from such situation. We prefer that the transaction goes through.

Neither should you expect to gain from such a situation by keeping the whole deposit.

It is only fair. Read More
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