The Parliament of Montenegro has adopted the Law on Mediation in the Sale and Lease of Real Estate (“Official Gazette of Montenegro”, No. 089/25 of 05.08.2025). This law, for the first time, sets out in detail the rules governing the real estate market, particularly regarding mediation in sales and leases. The aim is to ensure greater legal certainty, professionalization of the activity, and protection of the interests of citizens and the economy.
Who can perform mediation services?
According to the law, mediation activities may be carried out by companies and entrepreneurs with a registered office in Montenegro, provided that they are entered into the Register of Intermediaries. To be registered, they must meet several key criteria:
- registration in the Central Registry of Business Entities for mediation services,
- at least one full-time employee with a passed professional exam,
- provision of business premises with appropriate equipment and conditions,
- concluded professional liability insurance contract,
- owners, founders, and agents must not have final convictions for certain criminal offences.
Professional exam for real estate agents
Particular importance is given to the professional exam. Mediation services may only be performed by individuals who have passed this exam, thereby establishing a standard of knowledge and competence. The program and method of examination are prescribed by the Ministry, while the Chamber of Commerce of Montenegro organizes the process.
The amount of fees for the commission’s work and the costs of taking the exam are also clearly regulated, ensuring that the procedure is transparent and uniform for all candidates.
Obligations of intermediaries and real estate agents
Intermediaries are obliged to provide adequate business premises and working conditions, while agents are required to demonstrate professional responsibility and loyalty to their employer. The law prohibits agents from independently performing mediation services, or from doing so for another intermediary, without the consent of the company by which they are employed. If this prohibition is breached, the employer has the right to claim the commission from such a transaction.
Mediation agreement
A mediation agreement must be concluded in written or electronic form and must include key elements: the subject of mediation, obligations of the parties, the amount and method of payment of commission, and other rights and responsibilities. This ensures that the relationship between the intermediary and the client is clearly defined.
Implementation deadlines
- The Ministry is obliged to adopt by-laws within nine months.
- The Chamber of Commerce must provide conditions for taking the professional exam within 60 days.
- Companies and entrepreneurs already engaged in mediation have 12 months to harmonize their operations with the law and apply for registration.
By adopting this law, Montenegro gains a modern and structured framework for mediation in the sale and lease of real estate, contributing to a more transparent market and better protection for all participants.
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