Exclusive vs Standard Agency Contract

In short — two types

A brokerage contract in Serbia can be concluded in two ways:

• Exclusive (the law calls it sole brokerage) — you commit to engaging only one agency to sell that property for the agreed period.
• Standard / non-exclusive — you may sign with several agencies at once, and as a rule look for a buyer yourself; the commission goes to the agency that actually brings the buyer and mediates the deal.

Neither is "better" in itself — it depends on how active you are and how much agency effort you expect.

The exclusive contract (sole brokerage)

Under the Law on Brokerage in Real-Estate Trading and Leasing, sole brokerage must be explicitly agreed, and the broker is obliged to specially warn you about the meaning and legal consequences of the clause.

• You engage one agency for a term (usually 3–6 months).
• If, during the exclusive term, you close a deal through another agency you had mandated, the law provides that you still owe the exclusive agency the agreed commission plus any actual costs.
• Whether you owe the commission if you find the buyer depends on the specific clause in your contract (the statute expressly addresses the "through another broker" case) — read that part carefully before signing.
• In return, the agency usually invests more in marketing and has a stronger incentive to close.

The standard (non-exclusive) contract

• You can entrust the same property to several agencies in parallel.
• Only the agency that brings the buyer and mediates the deal charges a commission — you do not pay several.
• Wider reach (more listings and channels), but no agency usually invests fully, since none is sure it will be the one to close.
• Higher risk of inconsistent listings (different prices/photos in several places), which can make buyers suspicious.

Pros and cons — overview

Exclusive — when it pays off:

• You want one accountable contact and a clear campaign.
• You lack the time or appetite to run the sale and coordinate several agencies yourself.
• The property is specific (luxury, atypical location) and needs more marketing effort.

Standard — when it pays off:

• You are active yourself and want maximum reach.
• The market is lively and you expect a quick sale without a big campaign.
• You do not want to commit to one agency before you have "tested" it.

Duration and cancellation

By law, unless a term is otherwise agreed, a brokerage contract runs for one year. A fixed-term contract ends on expiry of the term (if no deal was concluded) or by notice of either party; notice need not be justified and takes legal effect from the moment it is delivered to the broker.

• Whatever the type, always insist on a specific end date — avoid open-ended contracts.
• A reasonable exclusive term is 3–6 months, with a monthly reporting clause.
• Check the so-called "tail" clause — the agency's right to a commission if a buyer who viewed the property during the contract buys shortly after expiry (ask for a specific number of days).

How to choose

Before you sign anything, set a realistic price — the wrong asking price costs more than the contract type. You can get a free, informational value estimate of your apartment on the valuation page.

• Choose exclusive if you want one agency with a stronger campaign and clear reporting (with a reasonable 3–6 month term).
• Choose standard if you are active yourself and want maximum reach, and are ready to coordinate.
• Either way, check the agency's licence and that it has no account freeze — see the guides on the agency licence and commissions.

Frequently asked questions