The new Law on Real Estate Brokerage and Leasing (2025) has introduced clear rules regarding so-called exclusive brokerage.
An exclusive agreement means that the Seller grants the right to only one agency to broker the sale or lease of their property. During the validity of the agreement, the Seller undertakes not to engage another broker or conclude the deal independently.
What does this mean in practice?
If, during the term of an exclusive agreement, the Seller concludes a transaction with another broker or directly with a buyer, despite having agreed to exclusive brokerage, the Seller is obliged to pay the contracted commission to the Agency with which the agreement was made (Article 31 of the Law).
Why is this important?
- The Seller receives the agency’s full commitment, as the investment in promotion and advertising is guaranteed not to be in vain.
- The Agency invests more in marketing and advertises the property in so-called “premium” packages and channels.
- Negotiations with potential buyers are conducted professionally and with a clear strategy to achieve the best possible price.
The Law obliges the broker to specifically warn the Seller about the meaning and legal consequences of the exclusive clause. This means that the client clearly understands that, even if they bypass the agency, there is still an obligation to pay the commission.
In short, an exclusive agreement is not a limitation – it is a protection for both the Seller and the Agency. It provides the Seller with a more serious market approach and a chance for a higher price, while enabling the Agency to invest fully in promotion and in finding the buyer.
