The master thesis deals with the liability of real estate intermediaries in the field of real estate brokerage. It starts with a presentation of the theoretical background which forms the basis of the broker's obligations in the provision of brokerage services.
The fundamental regulation governing the activities of real estate agents in Slovenia is the Real Estate Brokerage Act. For the reason that the liability of intermediaries for damages is not expressly regulated in the aforementioned regulation, the latter must be derived from the provisions of a specific part of the Code of Obligations, namely the provisions governing the mandate and the brokerage contract. Both theory and case-law take the view that the basis of the liability of real estate agents is contractual, but theory and case-law differ on the question whether contractual liability may also be invoked to compensate for non-pecuniary damage. Recent case-law supports this view.
In the following, the thesis concentrates on the practical aspects of the subject matter, with a separate focus on the intermediary's conduct falling within the standard scope of intermediary services and conduct falling within the additional scope of intermediary services. Finally, the thesis touches upon the compulsory professional indemnity insurance of intermediaries, which is provided for by law and is directly linked to the issue of their liability for damages.
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