Belair vs FRM Holdings — Estate Agent Wins €22,007 After Client Sold Penthouse Behind Their Back

An estate agent was engaged to sell a San Giljan penthouse, found buyers and negotiated a deal — but the owner sold the property directly and refused to pay the agency fee. The court ordered payment of €22,007.

Civil Court (First Hall) · Judge Dr. Doreen Clarke LL.D. · 26 March 2026

F.R.M Holdings Limited put Penthouse 14 at Baysteps Mansions, Triq Alfred Gauci, San Giljan up for sale and engaged Belair Operations Limited (trading as an estate agency) to find a buyer. Belair found buyers and worked to negotiate the sale. F.R.M Holdings ultimately sold the penthouse but refused to pay Belair's agency fee, raising various objections. The court rejected all of F.R.M Holdings' objections and found that Belair had fulfilled its obligations under the agency agreement. The court declared F.R.M Holdings a debtor for €22,007, plus legal interest and all legal costs.

Estate agent won. F.R.M Holdings declared debtor for €22,007 agency fee plus legal interest and all costs.

• An estate agent who finds a buyer and plays a material role in achieving the sale is entitled to their commission even if the final deed is signed directly between owner and buyer
• A property owner cannot avoid paying an agency fee by cutting out the agent at the last moment and selling directly
• The agency agreement must be in writing under Maltese law — a written agreement is essential to enforce commission claims
• Estate agent commission disputes are heard in the Civil Court, not by the Industrial Tribunal

Civil Code Ch. 16 — agency and mandate; Estate Agents Act Ch. 561