Can a For-Sale-by-Owner Landlord in Uruguay Charge You a Broker's Commission?
INGAR · · Legal
An owner selling directly isn't brokering anything
An owner who sells or rents out their own property is acting on their own behalf. There's no go-between role here: the owner is one of the two parties.
So when a listing says "direct owner" and a charge shows up labeled a real-estate commission, that charge lacks the usual justification for brokerage. Ley 20.380 (Uruguay's 2024 real-estate operators law) defines a real-estate operator precisely as someone who, acting on behalf of third parties, mediates, brokers, gives commercial advice, manages, administers, appraises or promotes property transactions.
That doesn't make every other charge automatically illegal. There may be a genuine expense, a separate service, or a financial term of the deal. But to be enforceable, a charge needs a clear basis, disclosure up front, compliance with the applicable legal regime, and documentation.
The short version:
A direct owner shouldn't call a charge a "real-estate commission" when no brokerage took place.
Before you accept any charge, ask for four things in writing. Who provided the service, whom they represented, what work they did, and who issues the receipt. That's four lines in an email, and it works whether the other side is a private individual or an agency — ours included. Browse our listings or reach us on WhatsApp.
When the "owner" isn't actually the owner
Before you argue about the commission, confirm who you're dealing with. Someone presenting themselves as the owner might be a relative, a property manager, a power-of-attorney holder, an independent agent, someone who copied the listing, or someone with no connection to the property whatsoever.
In a purchase, your escribano (the notary who handles property transfers in Uruguay) is responsible for verifying title and the authority of whoever is signing. In a rental, ask for documents that tie the landlord to the property or establish their authority to act for the owner.
Issuing a receipt doesn't prove someone owns the property, and it doesn't turn them into a licensed real-estate operator. A receipt documents a payment; it says nothing about the legal nature of the relationship. How to verify identity, RUT (Uruguay's taxpayer ID number) and authorization is covered step by step in this guide.
The one cap the law actually sets: the 1% in Article 108
In a field where nearly everything comes down to industry-association guidance, there's one hard legal rule worth knowing.
Article 108 of Decreto-Ley 14.219 provides:
"The management commission payable by the tenant arising from the signing of the lease may not exceed 1% (one percent) of the contract value of the tenancy; and it may be paid in up to six consecutive monthly installments together with the rent."
Two things worth pinning down, because this article gets cited incorrectly all the time.
First: it refers to the management commission payable by the tenant and triggered by signing the lease. That is not the same thing as the brokerage fee in the Cámara Inmobiliaria (the national real-estate chamber) fee schedule, which is a different concept drawn from a different source — one we unpack in our guide to rental commissions.
Second: it belongs to Decreto-Ley 14.219, whose scope doesn't cover every lease. You can't apply it automatically, and you can't dismiss it either, without first checking which regime governs your rental.
If you don't know which regime your contract falls under, ask them to state it in writing before you agree to pay anything. It's a fair question, and the answer changes what they're allowed to charge you.
A commission is not the same as any old expense
It helps to separate concepts that often get bundled into a single figure.
| Item | What it is |
|---|---|
| Brokerage commission | Payment for bringing the parties together and working to close the deal. It presupposes acting on behalf of third parties. |
| Fee for a different service | Appraisal, property management, drafting, document handling, or another task you actually hired someone to do. The name, scope and price all have to be disclosed. |
| Expense reimbursement | Ley 20.380 allows for this when it was agreed with the client. They should be able to explain what was spent and how the figure was calculated. |
| Deposit, security or guarantee | These are not fees. They serve a different purpose and come with their own rules on safekeeping, how they're applied and when they're returned. |
Relabeling doesn't fix anything. Calling a hidden commission an "administrative fee" doesn't change what it is. If a quote lumps all of these together, ask for them to be itemized.
What a visit slip is really worth
Start with what doesn't exist: there is no Uruguayan statute called a "Visit Slip Law." The boleta de visita (a slip agencies ask you to sign when they show you a property) is a private document, and how far it reaches depends on what it says and on the circumstances.
It may do nothing more than record that you first saw the property through a particular agency. But it can also include:
- an acknowledgment that brokerage took place;
- an obligation to pay fees;
- a protection period;
- a ban on negotiating directly with the owner;
- an extension to family members or related companies;
- personal-data processing terms.
Don't sign it assuming you're just leaving your name. Read it.
If the slip functions as a standard-form contract within a consumer relationship, its clauses have to be clear and can't create an unjustified imbalance to the consumer's detriment. Ley 17.250 (Uruguay's consumer protection law) lets you challenge unfair terms: calling a document a "slip" doesn't validate whatever is printed on it.
That said, the logic cuts both ways, and it's worth being clear-eyed about it:
- Not signing one doesn't automatically settle the dispute. Brokerage, authorization or your awareness of the service can be proven by other means.
- Signing one doesn't make every commission bulletproof. The wording, how it was explained, and the rest of the evidence all matter.
What Ley 20.380 requires before anyone can charge you
The law gives registered operators the right to charge fees, but it requires demonstrable authorization from the client, without prescribing one particular form. Article 7 prohibits carrying out real-estate activity and claiming fees when the operator isn't licensed or isn't authorized by the client.
That gives you three concrete questions to put to any charge:
- Who authorized the service?
- What was its scope?
- When and how was the price agreed?
The law doesn't require the commission to appear in a document titled "brokerage agreement": the brokerage relationship can be established through a contract, an email, or any other adequate evidence. Nor does it say that any dissatisfaction with the quality of the service wipes out the fee. When there's a dispute, what gets examined is the agreement, the actual work performed, the basis for the charge, and the evidence.
One detail that carries real weight right now: because the Registro Nacional de Operadores Inmobiliarios (the national registry of real-estate operators) isn't up and running yet, the second requirement is the one that governs in practice — that the service and the charge were authorized by the client and can be proven.
Do fee claims expire?
They do. Personal claims don't last forever. Article 1216 of the Código Civil (Uruguay's civil code), as currently worded, provides:
"Every personal action for an enforceable debt is barred after ten years, without prejudice to any special laws on the matter. Time begins to run from the moment the debt becomes enforceable."
Worth knowing: that ten-year period is fairly recent, introduced by Article 463 of Ley 19.889. If someone quotes you a different period from memory, they may be working from the older text.
Even so, you can't resolve a case by looking at the transaction date alone. There can be genuine argument over when the debt arose, whether the clock was ever reset, which special rule applies, and what transitional provisions govern.
If a late claim lands on your desk, don't assume it's valid or that it's expired — take the demand letter and the contracts to a lawyer before you reply.
What to do about a questionable charge
Don't open with an argument about whether "every agency charges the same." Ask for the specifics of your case.
- Request an itemized statement. It should identify the item, the calculation base, taxes and the total.
- Ask for the agreement the charge rests on. That could be a contract, a visit slip, a reservation form, an email or some other acceptance. Check who it actually binds.
- Verify who's issuing it. Look up the RUT, confirm the connection to the agency, and check the electronic tax receipt.
- Separate the commission from other amounts. Rent, deposit, guarantee, earnest money, administrative fees and professional fees are not interchangeable.
- Put your objection in writing. Explain which charge you're disputing and why. Keep the reply.
- Get advice if the amount is significant or there's talk of legal action.
Ley 17.250 requires providers to disclose the price, taxes and any additional costs before the contract is signed, bans misleading advertising, and allows unfair terms in standard-form contracts to be challenged.
Common myths
"A direct owner can charge a commission because they placed the ad"
Listing your own property isn't brokerage on behalf of third parties. If the owner wants to charge something extra, they need to name a different item and explain the basis for it.
"If they issue an invoice, then they were an agency"
Not necessarily. A receipt documents a payment, but on its own it doesn't prove that anyone acted as a real-estate operator.
"A visit slip is always binding"
Its effect depends on what it says, how it was explained, and the rest of the evidence. Unfair terms can be challenged.
"The 1% cap applies to every rental commission"
It doesn't. Article 108 covers the management commission payable by the tenant, within the scope of Decreto-Ley 14.219. It isn't the brokerage fee, and it doesn't reach every lease.
"Without an invoice I can't prove anything"
The receipt matters, but it isn't the only evidence available: the contract, the visit slip, emails, bank transfers and text messages all help establish what happened.
"It's been years, it must be time-barred by now"
The general period is ten years from the date the debt became enforceable, but the clock can be reset and special rules exist. Don't make that call on your own.
Frequently asked questions
Can a direct owner charge me a real-estate commission?
If they're renting out or selling their own property, they aren't providing brokerage on behalf of third parties — which is how Ley 20.380 defines the work of a real-estate operator. A charge under that name should be challenged. Any other expense or service needs its own explanation, agreement and paperwork.
What's the legal cap on the management commission in a rental?
Article 108 of Decreto-Ley 14.219 states that the management commission payable by the tenant and arising from signing the lease may not exceed 1% of the contract value of the tenancy, and may be paid in up to six monthly installments alongside the rent. It applies within the scope of that decree-law.
Is a visit slip enough to claim a commission from me?
It can be meaningful evidence, but there's no one-size-fits-all answer. There is no "visit slip law": you have to read the wording, the scope of what you accepted, and the surrounding circumstances. If it operates as a standard-form contract in a consumer relationship, any unfair terms can be challenged.
Does signing the slip mean I have to pay, no matter what?
Not automatically — and not signing it doesn't automatically get you off the hook either. Brokerage and authorization can be proven by other means, and the slip's clauses are open to review.
How long before a fee claim expires?
Article 1216 of the Código Civil sets ten years for any personal action on an enforceable debt, counted from the date the debt became enforceable, subject to any special laws. The clock can be reset, so it's worth getting advice before you answer a demand letter.
What's the difference between a commission and administrative fees?
A commission pays for brokerage. An administrative fee should correspond to a real, explainable cost. Changing the label doesn't change the nature of the charge: ask them to itemize each item on the statement.
How do I find out which regime my rental falls under?
Ask for it in writing before you agree to any charge. The building's construction date, the intended use and what the parties agreed determine whether Decreto-Ley 14.219 applies, or the no-guarantee regime under Ley 19.889, or simply freedom of contract.
The bottom line
Uruguay has no single real-estate commission fixed by law for all transactions. What exists instead is industry-association guidance, one specific legal cap on the management commission payable by the tenant, and the requirement that every fee be authorized and provable.
A direct owner isn't brokering anything on their own property. If a charge appears, ask for the item, the basis, the acceptance and the receipt.
One question organizes every dispute of this kind:
What service was authorized, what was agreed as payment, and what evidence exists?
This article provides general information about real-estate transactions in Uruguay. It is not a substitute for legal, tax or notarial advice on a specific case.
Sources
- Decreto-Ley 14.219 — Article 108, the 1% cap on the management commission (IMPO)
- Código Civil — Article 1216, limitation periods for personal actions (IMPO)
- Ley 20.380 — Article 3, activities of a real-estate operator (IMPO)
- Ley 20.380 — Article 7, ban on claiming fees without authorization (IMPO)
- Ley 17.250 — Article 31, unfair terms in standard-form contracts (IMPO)
- Ley 17.250 — Article 15, price, taxes and additional costs (IMPO)
Legislation consulted on IMPO on July 27, 2026.