Real Estate Agents Challenge Limit on Commission Fees

By , 13 Aug 2019, 09:32 AM Business
Real Estate Agents Challenge Limit on Commission Fees Flickr - CC-by-0

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STA, 12 August 2019 - More than 60 real estate agencies asked the Constitutional Court on Monday to review a recently adopted bill that limits commission fees for leasing real estate and other costs which real estate agencies can charge their clients.

According to Boštjan Udovič from the Chamber of Commerce and Industry (GZS), the 66 agencies involved want the top court to review and stay provisions limiting service commissions.

They argue the bill encroaches on the right to engage in free enterprise and the right to property, meaning it also violates the European Convention on Human Rights as well as EU law.

"The legislator failed to demonstrate any public benefit that would justify such an intervention in the rights of the plaintiffs. The goals allegedly pursued are general and have to do with housing policy and not with property brokerage," Udovič told the STA.

The legislative changes, originally passed on 11 July and again a week later following a National Council veto, entered in to force on 10 August and protect tenants against paying commissions for services provided by a real estate agency which was hired by the landlord.

They also introduced cap on commissions that can be charged by apartment rental agencies; the capped amount corresponds to one monthly rent, but should not go lower than 150 euro.

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