NEW LEGAL FRAMEWORK FOR REAL ESTATE MEDIATION
The period from August 2025 to March 2026 brought Montenegrin the most significant regulatory changes to the real estate market so far.
With the entry into Law on Intermediation in Traffic and Leasing real estate], and by publishing the accompanying group of regulations at the end of March 2026, mediation in real estate transactions received systemically regulated legal status.
PROFESSIONALIZATION OF THE INDUSTRY AS THE BASIC GOAL
Until the law came into force, mediation was functioning in Montenegro
in an almost unorganized space – without a register of intermediaries, without a prescribed one
knowledge standards, without mandatory insurance. In case of omission
agencies, clients could seek the only protection through the courts
procedure, which in practice meant a long and uncertain procedure.
The new framework establishes three pillars of professionalization: mandatory enrollment in
Register of mediators, professional exam as a prerequisite for work, and mandatory
professional liability insurance. For agencies that are already operating
in accordance with high professional standards, this represents a formal
confirmation of their position and a clear demarcation in relation to informal ones
intermediaries.
REQUIREMENTS FOR ENROLLMENT IN THE REGISTER OF INTERMEDIARIES
An agency that wants to continue its work must fulfill the following conditions:
* registration in the CRPS with mediation as the main activity,
* at least one person with a professional exam in full-time employment
relation,
* business premises that meet the prescribed minimum technical conditions,
* signed contract on compulsory professional insurance
responsibilities.
The register is an electronic, public database, which means that any third party
can check the status of the agency, information about licensed agents, as well as
possibly imposed protective measures.
The deadline for harmonizing agencies that operated before the entry into force of the law on
its strength is twelve months.
PROFESSIONAL EXAMINATION AND INSURANCE
The professional exam is conducted by the Chamber of Commerce through a written test (threshold
pass rate 75%) and an oral part in four areas: legal framework,
management and marketing, financial and tax aspects, and spatial
planning and construction. The deposit fee is 150 euros.
Mandatory professional liability insurance prescribes the minimum
sums of 20,000 euros per harmful event and 60,000 euros in total
annually. This mechanism works both ways – the client who suffers
damage due to the agency’s failure has a clear path to compensation, while the agency
through an insurance policy, it avoids that an individual omission endangers
overall business.
TECHNICAL STANDARDS AND RECORDS
The Rulebook prescribes specific requirements for business premises,
including a mandatory board measuring 45 x 25 cm with the Coat of Arms of Montenegro and
by the name of the intermediary. Among the prescribed equipment, it deserves special attention
electronic biometric ID card reader, which until now was not a part
standard equipment of the agency. Its purpose is to verify identity
clients, in accordance with regulations on money laundering prevention.
Mediation records are kept for each job within eight days from
conclusion of the contract, and is stored permanently, while the accompanying contract
documentation is kept for ten years. Permanent storage entails
the need for a serious archiving system – most practically, a digital one.
OBLIGATIONS IN ADVERTISING AND CONTRACTING MEDIATION
The law introduces several obligations that directly change the commercial one
practice:
* The price in the ad must include the brokerage fee, which
eliminates subsequent commission presentation and all agencies perform in
equal conditions.
* Advertising without an agency agreement is prohibited. Practice bait
advertisement is sanctioned with fines of up to 20,000 euros, with the possibility of a ban
work for up to six months.
* A written mediation agreement is mandatory, with a legal term of
six months if the parties do not agree otherwise.
* The right to compensation arises only after the conclusion of the legal transaction. In advance
commission payment is not allowed. At the same time, the law protects the agency
stipulation that, if the contract is terminated and the client within the next nine months
conclude a deal with a buyer found by the agency, the right to compensation
remains.
CONCLUSION
The new legal framework brings rising compliance costs, but opens up
space for clear profiling of agencies that operate professionally.
The register of intermediaries, publicly available, becomes the primary place of verification
credibility – and the agencies that are the most gain from that
previously built business on a professional basis.
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