In the present case, appellants contacted the seller with the request to visit their home, after having read the seller’s advertisement in the newspaper.
On 26/4/1995 parties sign at the consumers' home a contract entrusting the real estate agent with the “exclusive and irrevocable mandate” to sell appellants house. The contract does not contain a renunciation clause.
On 28/11/1995, the real estate agent claims that appellants tried to sell the house themselves, and thus did not respect the exclusivity clause in the agreement. Therefore, the real estate agent claims the damages agreed upon in the contract which amount to five percent of the selling price.