www.ciela.net
Author
Assoc. Prof. Biserka Marinova, PhD
Annotation
The study focused on contractual relations arising from intermediation with the purpose of transacting real estate. Investigated is rich jurisprudence allowing to justify the thesis that mediation is not a form of contract procurement but another kind ofcontract. The featuresof intermediation as a kind of commercial transaction are discussed and a comparison with other similar legal institutesis made.On this basis specifics of intermediation related to the subject of the transactions - property rights and contractual rights on real estate are distinguished. Referred are key issues arising in the real estate market: remuneration payable byboth sides on final transaction; the possibility relationsof intermediation to occur on the occasion of propertybelonging to a third party; rights intermediary to be paid in occasion ofunfulfilled final deal and others. Special attention is paid etc. "Circumvent" the intermediary through affiliates, deal after the expiry of the intermediary contract, sale of shares of company possessing the real estate and others. Discussed are the peculiarities etc. "Exclusive contract" and MLS-trading systems.
Keywords
commercial transaction, intermediation, real estate, renumeration, unfulfilled contract.
PDF