Obligations of the Intermediary

Conclusion of brokerage agreement

The agent must conclude a written brokerage agreement with the client (seller or landlord). This contract forms the foundation for all brokerage services and regulates obligations, rights, and commission amount. The contract must be clear, understandable, and accessible to the client.

Finding and connecting with buyer or tenant

The agent is obligated to find and connect the client with potential buyers or tenants. The obligation is fulfilled as soon as the agent first enables the buyer or tenant to view the property, as this creates the right to brokerage fee. If the buyer or tenant has already viewed the property before the agent facilitated it, the agent must be informed about this.

Property viewing confirmation

The agent is obligated to request the buyer or tenant to sign a viewing confirmation before viewing the property. This confirmation verifies that the person viewed the property through the agent's mediation. If the potential buyer or tenant refuses to sign this confirmation, the agent is not obligated to show them the property.

Proving brokerage involvement

If the buyer or tenant concludes a property transaction or rental agreement without having previously signed a viewing confirmation, the agent must prove that they connected the buyer or tenant with the seller or landlord. Proof can be established through:

• Witness testimonies
• Written documentation
• Electronic correspondence
• SMS messages and other digital records

Agent obligations towards the client

• Written contract: concludes a written brokerage agreement with the client, with clear terms and commission amount.
• Finding buyer/tenant: finds and connects the client with potential buyers or tenants.
• Objective opinion: provides expert opinion on property price or rental amount, considering market conditions and other circumstances.
• Document verification: verifies documents proving ownership or other property rights and warns the client of potential risks.
• Property presentation: performs necessary activities for property presentation, such as advertisements, photography, video recording, and agreed activities (for additional costs, if agreed upon).
• Facilitating viewings: enables property viewing for interested parties at agreed times.
• Data confidentiality: keeps client and property information confidential as business secrets, according to the client's wishes.
• Informing: informs the client about all relevant circumstances related to the transaction.
• Mediation in negotiations: mediates negotiations between buyer and seller (or tenant and landlord) and strives to reach an agreement.
• Legal assistance: provides lawyer assistance for contract preparation and all necessary legal documents.
• Attendance at handover: attends property handover and verifies that all obligations are fulfilled.

Brokerage responsibility

The agent is considered responsible for enabling the client's contact with potential buyers or tenants, especially if they:

• Organized property viewing
• Arranged meetings between parties
• Informed the client about relevant information regarding potential buyers or tenants
• Actively participated in the process of finding and connecting parties

Agent rights

• Photography and recording: the agent may, with client consent, photograph and record video of the property for marketing and advertising purposes.
• Sub-brokerage: the agent may, with client consent, conclude a sub-brokerage agreement and transfer their rights and obligations to another agent.
• Copy of sub-brokerage agreement: the agent must provide the client with a copy of the sub-brokerage agreement within five days.
• Issuing invoices: the agent has the right to issue an invoice to the client for services according to the brokerage agreement.
• Right to commission: the agent has the right to commission from the client for connecting with potential buyers or tenants, regardless of whether the buyer or tenant has previously viewed the property.

Notification about previously viewed parties

If the agent brings a party that has previously viewed the property into contact with the client, they must inform them about this. However, if they fail to do so, it will be considered that the client was first connected with that party through the agent's assistance, which entails the right to full commission.