Usually yes, if the estate agency introduced the buyer. The Commercial Code expressly states that concluding the brokered agreement after the agency agreement has ended does not prevent commission becoming due. For a consumer client, the Civil Code awards remuneration where the result was achieved through the intermediary’s efforts. Causation matters, rather than the calendar date, and the agency must prove it. No commission is payable where the client found the buyer independently without the agency’s involvement.
The agency agreement ended in June. In September, the seller signed a purchase agreement with a couple who had viewed the property with the agent, then told the agency its commission had expired with the agreement. The law takes a different view: the term of the agency agreement defines the period of the instruction, rather than the deadline for completing the transaction.
Contribution matters, not the date
For a consumer client, the Civil Code applies (Act No. 40/1964 Coll.):
Under an agency agreement, the intermediary undertakes to procure the conclusion of an agreement for the client in return for remuneration, and the client undertakes to pay remuneration where the result was achieved through the intermediary’s efforts.
— Section 774 of the Civil Code, unofficial translation
Remuneration depends on the intermediary’s contribution, not on the purchase agreement being concluded during the instruction. If the buyer came through the agency’s advertisement and viewing, the causal link continues after the agency agreement ends.
For a business client, the agency agreement falls under the Commercial Code (Act No. 513/1991 Coll.). Entitlement to commission arises when the brokered agreement is concluded (Section 644), or potentially when an opportunity is procured (Section 645). The Act addresses timing expressly:
The intermediary’s right to commission is not prevented by the fact that the agreement with a third party […] is concluded, or the agreement […] to which the intermediary’s activity related is performed, only after the agency agreement has ended.
— Section 651 of the Commercial Code, unofficial translation
The other side of the same rule sets the limit:
The intermediary is not entitled to commission if the agreement with the third party was concluded without their involvement, or if, contrary to the agreement, they also acted as intermediary for the person with whom the brokered agreement was concluded.
— Section 647(1) of the Commercial Code, unofficial translation
All these provisions are default rules that the agreement may refine. The general question of when entitlement arises is addressed in when an estate agency becomes entitled to commission. Here, we focus on the period after the agreement ends.
How the courts approach it
In its judgment of 18 March 2020, case No. 15Co/64/2019, the Regional Court in Banská Bystrica awarded commission to an estate agency even though the purchase agreement was signed more than a year after the exclusive agency agreement ended and without the agency’s participation. The buyers had learned of the house through its advertisement and attended a viewing with its agent. The court relied on Section 651 and a clause awarding commission for an agreement concluded without the agency’s participation with a person it had found. It took a critical view of the parties’ silence after the viewing.
In its order of 12 February 2019, case No. 3Obdo/65/2018, the Supreme Court of the Slovak Republic also recalled the limit: where entitlement depends on conclusion of the brokered agreement and that agreement is never concluded, commission does not arise, even if the client frustrated the transaction. It cannot be awarded through the principle of good morals either. The agency must therefore prove both that a purchase agreement was concluded and that the buyer came through it.
How to agree fair terms
The agreement should include a protection period: commission remains payable if, within an agreed period after termination, an agreement is concluded with a person whom the agency demonstrably introduced to the client. In practice, this is measured in months, rather than years. When the agreement ends, the agency gives the client a named list of prospective buyers. Consumer clauses require care. A term requiring commission for any buyer, regardless of the agency’s contribution, risks being treated as unfair (Section 53(1) of the Civil Code). Consumers also generally have 14 days to withdraw from an off-premises agreement; the period is 30 days in the case of an unsolicited visit by a trader or a sales event. We discuss the applicable conditions in can a client withdraw from an agency agreement?.
Even a well-drafted clause is worthless without evidence. A viewing record signed by the prospective buyer, email correspondence, a reservation agreement and a title sheet check after the instruction ends are the materials the court will examine.
How the client can defend a claim
No commission is payable if the buyer came without the agency’s involvement: for example, a neighbour who knew about the sale independently of the advertisement, or someone who made an independent approach after the agreement ended. The agency bears the burden of proving its contribution. Waiting for the agreement to expire and then signing with a buyer introduced by the agent will not work, however. That is precisely what the courts regard as an attempt to avoid commission.
How we can help
We structure commission, protection periods and consumer information through our legal services for estate agencies. Viewing records and handover lists of prospective buyers form part of our estate agency documentation. We act for agencies and clients in commission disputes through our litigation representation service.
If you have a purchase agreement signed after the instruction ended, send it to us together with the agency agreement and viewing records.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
