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About Brokerage Law in Thivais, Greece

Brokerage in Greece refers to mediation services where a professional introduces or brings parties together so they can conclude a contract, and the broker earns a commission if the deal is completed as a result of that mediation. The concept is recognized under Greek civil law and appears in many sectors, including real estate, insurance, shipping, customs and freight forwarding, and financial services. While the core rules on brokerage and contracts operate nationally, local business practices and authorities in Thivais influence how brokerage activities are set up, registered, and supervised in day-to-day operations.

Greek law emphasizes written agreements, clarity of commission terms, transparency about conflicts of interest, and consumer protection. Real estate brokerage is a prominent area of practice in Thivais due to local property transactions and development, and it is subject to sector-specific rules and registration requirements. Insurance and investment intermediaries operate under their own regulatory frameworks and supervisory bodies. Privacy, anti-money laundering, and taxation rules also affect how brokers must conduct their business across Greece.

In practical terms, the broker’s right to commission typically arises when the broker’s efforts are causally connected to the successful conclusion of the deal. Parties often agree on exclusivity, duration, commission rates, and payment triggers in written mandates or brokerage contracts. Disputes usually concern whether the broker caused the deal, whether commission is due after contract expiration, and the fairness of terms. Local courts and mediation services in and around Thivais can resolve such disputes if negotiation fails.

Why You May Need a Lawyer

People and businesses in Thivais often seek legal help for brokerage matters when they need to draft clear brokerage mandates, negotiate exclusivity clauses, or set commission structures tied to specific milestones. A lawyer can ensure that a written brokerage agreement includes essential details such as the scope of services, identification of the asset or transaction, the asking price or parameters for a deal, confidentiality obligations, the commission base and rate, and the exact event that triggers payment. Legal counsel is also valuable when a party wants to terminate or renew an agreement or restrict competing listings, and when a broker plans to use subcontractors or cooperating brokers.

Disputes over entitlement to commission are common. Typical situations include deals that close after the brokerage agreement expires, dual representation of both buyer and seller, a seller concluding the deal directly with a client introduced by the broker, or a client working with multiple brokers. Counsel can assess the causal link between the broker’s services and the deal, handle evidence such as visit logs and correspondence, and evaluate whether terms comply with consumer and competition rules. In regulated sectors such as insurance and investment services, a lawyer helps with licensing, disclosures, advertising rules, conflicts of interest, and supervision by the relevant authorities.

Beyond contracts and disputes, lawyers advise on compliance with data protection rules, anti-money laundering obligations that apply to real estate and certain other intermediaries, and tax treatment of commissions. For property transactions in Thivais, counsel can coordinate with notaries, engineers, and the local cadastre to reduce risk, and can guide parties through mediation or court proceedings if necessary.

Local Laws Overview

Greece has national rules governing brokerage contracts and sectoral frameworks for specific types of intermediaries. In Thivais, these national laws apply, and local implementation typically involves the Boeotia Chamber of Commerce and the General Commercial Registry for business registrations. Real estate intermediaries generally need to register their business, maintain appropriate records, and provide clear written terms to clients. Insurance and investment intermediaries are subject to separate licensing and oversight regimes, including registration in specialized registries.

Written brokerage agreements are strongly recommended. A written mandate allows a broker to prove the scope of their appointment, whether exclusivity applies, and the exact trigger for earning commission. It should identify the property or transaction, the parties, the proposed price or parameters, the duration of the mandate, the commission base and rate, when and how VAT applies, expenses, and whether cooperating brokers are permitted. Even when not strictly mandated by statute in every scenario, in practice a written agreement is often essential to enforce a commission claim.

The broker’s right to commission typically arises when a deal is concluded because of the broker’s mediation. The parties can agree on when commission becomes payable, for example at the signing of a preliminary agreement, at notarization of the final contract, or upon receipt of deposit. Greek law scrutinizes unfair terms with consumers, so terms must be transparent. Dual representation is permissible if it is clearly disclosed and consented to by all parties, and the broker manages potential conflicts.

Compliance considerations include anti-money laundering rules for real estate and certain other intermediaries, which require client identification, risk assessment, and suspicious transaction reporting. Data protection laws require brokers to provide a privacy notice, keep data secure, and have a lawful basis for processing, such as contract performance or legitimate interest. Advertising must be fair and not misleading. Commissions are subject to Greek tax rules, and VAT may apply to brokerage services depending on the broker’s status and the nature of the service. Dispute resolution can be pursued through negotiation, mediation under Greek mediation rules, or litigation in the competent local courts.

In property transactions in Thivais, local practice commonly involves coordination with a notary, verification of title and encumbrances in the cadastre, and technical due diligence by an engineer. Brokers should avoid handling client funds unless properly structured, and parties often prefer deposits held by a notary or a lawyer’s client account for added safeguards.

Frequently Asked Questions

Do I need a written brokerage agreement to hire or act as a broker in Thivais

While Greek civil law recognizes oral agreements, a written brokerage mandate is strongly advisable and often functionally necessary to prove the scope of the appointment, exclusivity, commission rate, payment trigger, and the property or transaction covered. Many sectors and industry associations expect written agreements, and courts rely on them to resolve commission disputes.

When is a broker’s commission considered earned

Generally, the commission is earned when a contract is concluded as a result of the broker’s mediation. Parties can define the exact trigger, for example the signing of a binding preliminary agreement, the final notarial deed, or the payment of a deposit. The agreement should state the event and timing of payment to avoid disputes.

What happens if the deal is concluded after the brokerage agreement expires

If the deal can be causally linked to the broker’s earlier mediation, the broker may still claim commission. Many mandates include a protection period that preserves the right to commission when a client completes a deal with a party introduced by the broker shortly after expiry. Clear written terms and evidence of introductions are important.

Can a broker represent both the buyer and the seller

Dual representation can be permissible in Greece if all parties are fully informed and give explicit consent. The broker must manage conflicts, maintain fairness, and avoid using confidential information improperly. Without clear disclosure and consent, commission rights may be jeopardized and liability risks increase.

Are brokerage fees regulated by law

Commission rates are usually freely negotiated. There is no universal statutory tariff for all brokerage services. The agreement should specify the base on which commission is calculated, for example the final sale price or lease value, and whether VAT is added. Consumer protection rules prohibit unfair or non-transparent terms.

Is VAT charged on brokerage commissions

Brokerage services are typically subject to VAT in Greece when provided by a VAT-registered business. The applicable rate and invoicing obligations depend on the nature of the service and the parties. Your accountant or lawyer can confirm VAT treatment for your specific transaction and ensure correct invoicing.

What if a broker advertises my property without my consent

Owners generally should authorize listings in writing. If a broker markets a property without mandate, you can demand removal, seek correction, and reserve rights to claim any damages caused. Consumer and advertising rules prohibit misleading or unauthorized representations. A lawyer can send a formal notice and address any resulting disputes.

Can I terminate an exclusive brokerage agreement early

Termination depends on the contract terms and general contract law. Many agreements allow termination for cause, for example serious breach, and some permit termination on notice. Early termination may not relieve you from paying commission if the broker has already achieved the agreed result or if the contract includes specific termination consequences. Legal advice is useful before sending notice.

Does a broker have to verify the accuracy of information provided to clients

Brokers must act in good faith and with due care. They should not knowingly pass on false information and should correct inaccuracies once discovered. While brokers are not notaries or engineers, they should guide parties to obtain official documents and professional checks, and they must disclose material facts they are aware of that could affect the transaction.

How are brokerage disputes resolved in Thivais

Most disputes begin with negotiation and a lawyer’s formal letter. Mediation is available under Greek mediation rules and can be a cost effective option. If litigation is necessary, claims are brought before the competent local courts based on the amount in dispute and the contract’s jurisdiction clause. Well drafted contracts and thorough records usually make resolution faster and less costly.

Additional Resources

Boeotia Chamber of Commerce and Industry - business registration guidance for brokers and companies in the Thivais area, including information on professional establishment and certificates.

General Commercial Registry GE.MI. - national registry where businesses and brokerage companies are recorded, with filings handled through local chambers and online services.

Hellenic Consumers Ombudsman - independent authority handling consumer complaints and mediation related to unfair terms, misleading advertising, or service quality issues.

Hellenic Data Protection Authority - guidance on data protection compliance for brokers, including privacy notices, consent, and security obligations.

Anti Money Laundering Authority - information on know your customer duties, risk assessments, and reporting obligations that apply to real estate and certain other intermediaries.

Bank of Greece - supervisory information for insurance intermediaries and rules on conduct, registration, and distribution of insurance products.

Hellenic Capital Market Commission - supervisory information for investment services and securities intermediaries, including licensing and conduct of business rules.

Hellenic Competition Commission - guidance on competition law compliance for brokers and agencies, including issues with exclusive dealing and collusion.

Local Courts serving Thivais - information on filing claims and procedural requirements in civil and commercial matters relating to brokerage disputes.

Citizen Service Centers KEP in Thivais - assistance with administrative filings, certificates, and referrals to competent authorities for business matters.

Next Steps

Define your goal and gather documents. Identify the transaction, parties, and key terms you want a broker to handle, and collect any property certificates, company documents, identification, and prior correspondence.

Engage a lawyer early. Ask a lawyer experienced in brokerage and local practice in Thivais to prepare or review your brokerage mandate, including exclusivity, commission base and rate, payment trigger, duration, termination, confidentiality, data protection, and dispute resolution clauses.

Select a properly registered broker. Verify business registration, sector specific licensing where applicable, professional insurance, and references. Request a written mandate before any marketing or introductions begin.

Plan compliance and record keeping. Set up clear procedures for marketing permissions, client identification where required, privacy notices, and secure handling of personal data and documents. Avoid handing deposits to third parties without appropriate safeguards such as a notary or lawyer client account.

Negotiate transparently. Align expectations on what actions will be taken, which expenses are reimbursable, how cooperating brokers are handled, and when commission becomes due. Put all material terms in writing and keep a log of visits, offers, and communications.

Address problems promptly. If a dispute arises about commission or performance, seek legal advice quickly. Many claims are subject to limitation periods, and early evidence collection and negotiation or mediation can prevent escalation and reduce costs.

This guide is for general information only and does not constitute legal advice. For advice tailored to your circumstances in Thivais, consult a qualified lawyer licensed in Greece.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.