Rights of the Intermediary

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Real Estate Agent Rights

A real estate agent in property transactions and rentals has clearly defined rights according to the brokerage agreement and general business terms. These rights enable the agent to efficiently perform their professional activities and protect their interests in business relationships with the client and potential buyer/tenant.

Photographing and Recording the Property

The agent has the right, with the client's consent, to photograph and video record the property. These rights are used for:

  • Marketing needs and promotion on internet platforms
  • Advertising through social media and websites
  • Archiving and documenting the property's condition
  • Presentation to potential buyers/tenants

Photographs and video materials remain the property of the agent and can be used for future marketing campaigns.

Sub-brokerage and Transfer of Rights

The agent has the right, with the client's consent, to enter into a sub-brokerage agreement and transfer their rights and obligations to another agent. This mechanism enables:

  • Better distribution and availability of properties
  • Expansion of contact networks and access to a wider base of buyers/tenants
  • Collaboration with other agencies and agents
  • Faster finding and connecting with interested parties

Client's Obligation: The agent must provide the client with a copy of the sub-brokerage agreement within five days of its conclusion.

Issuing Service Invoices

The agent has the right to issue an invoice to the client for all services provided according to the brokerage agreement. The invoice should contain:

  • Description of services provided
  • Base value and method of commission calculation
  • Any additional costs and fees
  • Period during which the service was performed
  • Payment deadline and payment method

Right to Commission

The agent has the right to brokerage compensation (commission) from the client for:

  • Finding a buyer/tenant: The right to commission arises as soon as the agent first enables a buyer or tenant to view the property, regardless of whether a contract will be concluded.
  • Proving activities: If called upon to prove that they connected a buyer/tenant with the client, they can do so through any documentation and evidence.
  • Previously viewed party: If the agent brings a party that has previously viewed the property, they are obligated to inform the client. If they fail to do so, it is considered that the agent was the one who first connected that party with the client.
  • Related parties: The agent has the right to full commission even if the buyer or tenant is a related party to the client (spouse/partner, parents, descendants, etc.), if the agent influenced the conclusion of the deal.
  • After contract termination: If the brokerage agreement is terminated, and the buyer or tenant enters into a contract within 1 month due to the agent's previous work, the agent has the right to full or proportional commission.

Protection from Unfair Client Behavior

The agent has the right to protection in the following situations:

  • Exclusivity: If exclusivity is agreed upon, the client is obligated not to sell or rent the property through another agent within the agreed period, without the approval of the first agent.
  • Information: The client is obligated to inform the agent of all relevant information that could affect the transfer of ownership or rental, as well as all changes in the property's condition or market conditions.
  • Notification obligation: The client is obligated to notify the agent if a party the agent connected with them concludes a contract without their knowledge or participation.
  • Availability: The client is obligated to provide the agent with access to the property for viewings and presentations to potential buyers/tenants.

Right to Additional Costs

The agent has the right to compensation for additional costs incurred during brokerage activities, if this is explicitly agreed. These costs may include:

  • Advertising and marketing costs
  • Photography and filming costs with professional equipment
  • Legal assistance costs from lawyers
  • Electronic advertising and web platform costs
  • Transportation and other unavoidable costs

Additional costs are usually charged as an advance or deducted from the first commission paid, according to the agreement.