The master's thesis analyzes the legal regulation of real estate brokerage commissions, emphasizing the need to balance consumer protection with the freedom of economic initiative. The central question of the thesis is how the limitation and distribution of commissions are regulated, as well as their practical significance and impact on all participants in the real estate market. The aim of the research is to examine the legal mechanisms that govern the amount, justification, limitation, and distribution of commissions, and to assess their consequences. The thesis also adopts a comparative legal approach, examining Slovenian legislation in contrast with the regulatory frameworks in Croatia, Austria, and Germany. A significant portion of the thesis is dedicated to the analysis of Constitutional Court decisions in this field. The findings indicate that Slovenian legislation in the area of real estate brokerage is strongly oriented toward consumer protection, particularly for buyers and tenants of residential units. This is reflected in provisions such as the prohibition on transferring commission costs to third parties and the introduction of commission caps. At the same time, the thesis highlights that the legislator has overlooked the fact that brokerage services are not mandatory and that agents are required to fulfill a range of statutory obligations, which benefit both parties in a transaction. The comparative analysis suggests that other countries often employ more flexible, market-oriented mechanisms. As a contribution to the discussion, the thesis emphasizes the need for a comprehensive system based on an in-depth analysis of the real estate market and brokerage industry practices.
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