The law on the activity of real estate agents, adopted in the second reading: good news for consumers, the profession, and the real estate market

The Parliament of the Republic of Moldova voted in the second reading the law on the activity of real estate agents. This is an important step for the maturation of the local real estate market and for the transition from a market in which the rules have often been unclear to one in which transparency, professionalism, and responsibility become standard. In fact, this is one of the most important changes for the field of real estate intermediation in recent years. The law establishes who can operate in the profession, under what conditions, what obligations they have towards the client, how the contractual relationship is documented, and what sanctions appear when the rules are not respected. In other words, the profession begins to have a clear framework, comparable to more mature markets.

What changes concretely

One of the most important novelties is that the real estate agent will have to hold a real estate agent certificate, obtained only after completing a professional training program, and continuous training will be required once every 5 years. The certificate is valid for 5 years, and the law also provides for the recognition of certification from member states of the European Union, according to legal procedures. For the market, this is a strong signal: real estate intermediation is no longer treated as an improvised activity, but as a profession that requires competence and responsibility. Another major change is the creation of the “Real Estate Agents” module, a public database administered by the competent authority, where agencies and certified agents will be registered, including the status of the certificate: valid, suspended, or withdrawn. For the consumer, this means the possibility to more easily verify who they are working with. For professionals, it means a clear delimitation between the trained agent and the occasional intermediary. The law also establishes that intermediation must be carried out based on a written contract, and the lack of written form leads to its absolute nullity. The contract must include essential elements: the parties, the services, the object, the real estate property, the duration, the remuneration, the rights and obligations, the termination conditions, and the method of dispute resolution. This means fewer agreements “by word,” fewer uncertainties, and more protection for all parties involved. It is also interesting that the law brings order to the exclusivity area. If there is an exclusivity clause, it cannot exceed 6 months, and the intermediation contract cannot exceed 12 months, with the possibility of extension only by express agreement, in written form.

This approach provides balance: the client is protected against excessive contractual blockages, and the serious agent has a clear framework in which to invest time, marketing, and resources to properly do their job.

Why this is good news for the consumer

From the client’s perspective, the law brings several very concrete benefits. First of all, the agent is obliged to provide pre-contractual information, to inform correctly and completely regarding the market, the real estate property, and the risks of the transaction, to avoid conflicts of interest, and not to represent both parties without prior information and written consent of all.

Secondly, the law directly addresses one of the most sensitive areas in the market: commissions and unclear payments. The agent does not have the right to charge remuneration for simple pre-contractual information, cannot request additional payments for services already included in the contract, cannot agree on or accept advance payments from the intermediation remuneration, and must ensure legal and transparent payments. Moreover, if the transaction is not completed for reasons not attributable to the client or the agent withdraws unjustifiably, the amounts received must be returned proportionally to the services not provided. For the consumer, this is a real gain.

Thirdly, the client gains a clearer route for defending their rights. The law provides for notifications and complaints, with a term for examination, and if the dispute is not resolved amicably, the client can address the competent authorities or directly the court.

In addition, market supervision will involve institutions such as consumer protection, the State Tax Service, and the Competition Council.

Why this is good news also for the professional real estate agent

Perhaps the most important effect for professionals is that the law more clearly separates the profession from occasional, unfair, or non-transparent practices. The agent who invests in education, ethics, procedures, and real services will have more legitimacy in a market where until now the client did not always make the difference between a professional and an opportunist. The law recognizes the agent’s right to contractual remuneration, to professional promotion, to access to information within the limits of the law, and to association in professional organizations. At the same time, agencies will be able to provide services only through certified agents, which will increase the average level of the market and reduce unfair competition from those who operate without standards. It is also important that the law introduces equal obligations for all: record-keeping, reporting, documentation, transparency. This means that the competitive advantage will no longer have to be built through chaos, lack of documents, or hidden commissions, but through competence, brand, services, and trust. This is exactly how healthy markets are built.

REMAX Moldova welcomes this regulation

For REMAX Moldova, the direction of this law is a natural one. The professional model of intermediation has already emphasized education, written contracts, professional ethics, clear rules of collaboration, transparency in the relationship with the client, and high standards of representation. From this perspective, the law does not come to change the philosophy of a company oriented towards quality, but comes to raise the entire market to a level that authentic professionals already apply in practice.

Moreover, REMAX Moldova publicly supported, since the debate phase, the idea of education and authorization, emphasizing that the obligation of training and authorization will increase the responsibility of the professional and will give the client the chance to choose an educated agent. We welcome the regulation of the profession because it is beneficial at the same time for the consumer, for the agent, and for the market. The client gains more safety. The serious agent gains more recognition. The market gains more discipline, predictability, and credibility.

And all these bring the Republic of Moldova closer to the international standards that global brands and professional organizations have been promoting for years.

What follows

An important detail is that the law will not enter into force immediately. The text provides for entry into force 9 months after publication in the Official Monitor. In addition, persons and companies that already operate in the field will have 12 months from the entry into force to obtain the professional training certificate and the real estate agent certificate. In other words, the market receives time to comply, but also a clear signal that the direction is irreversible: professionalization becomes the new rule. In our opinion, this is one of those regulations that, if implemented well, can clean the market, increase public trust, and make the profession of real estate agent more respected.

And for companies that have already chosen the path of professionalism, the law confirms that the future belongs to standards, not improvisation.