Collection of brokerage fee from the buyer and seller of real estate – legal provisions

The Ministry of Trade, Tourism and Telecommunications draws the attention of intermediaries to harmonize its business with legal regulations when it comes to the collection of brokerage fees. Namely, the Real Estate Brockerage Law (“Official Gazette of RS”, no. 95/13) does not prohibit mediation for both parties, if the contracts on mediation have been concluded, or if there is a warrant for mediation from the buyer and seller of real estate, i.e. lessor and lessee. Article 2 of the Law prescribes the application of the Law on obligations to issues not regulated by this Law. Article 825 of the Law on obligations provides that, unless otherwise agreed, the broker who has received an order for mediation by both parties may demand only half of brokerage fee from each party.