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Commission of a Real Estate Agent in a new robe

Publication at Faculty of Law |
2020

Abstract

The article deals in connection with the new Act no. 39/2020 Coll. on Real Estate Agency with the relationship of the Civil Code and the new Act. The article analyses the question of the foundation of the right for a commission and the question of the maturity of the commission of a Real Estate Agent.

Attention is being paid to the mandatory content of the Real Estate Agency agreement. The article focuses on a right of a Real Estate Agent on a commission in a case the Real Estate Agency agreement is faulty or the object of a Real Estate Agency agreement is faulty.

In that connection the absolute and relative invalidity of a Real Estate Agency agreement is analyzed. The effect of a termination of a Real Estate Agency agreement and the effects for the commission of a Real Estate Agent are discussed.

The faults are divided in two categories in the article - substantial and insignificant faults and further situations are highlighted when the fault is and when is not mentioned by the Real Estate Agent. Basic comparation with the close Austrian law is being made in the article.