Real estate mediation by a lawyer
Lawyers may also act as real estate brokers pursuant to Section 64/C (5) of Act LXXVIII of 1993 (hereinafter: Housing Act) and Act LXXVIII of 2017 on the Activities of Lawyers (hereinafter: Lawyers Act).
For those interested in this topic, please read the interview with Dr. György Zalavári, attorney-at-law, on the ingatlan.com Knowledge Base.
In order to act as a real estate agent, lawyers do not need a special qualification, which is mandatory for other real estate agents, due to their legal qualifications and experience in real estate, but they must meet the other conditions set out in the Government Decree 499/2017 (XII. 29.) on the conditions for the commercial conduct of real estate agency activities and the detailed rules of registration, and they must also be registered by the real estate business supervisory authority.
They can also act as estate agents without the above-mentioned OKJ qualification. According to the legislation, this is a so-called additional activity which lawyers may perform in addition to their traditional duties as lawyers.
A lawyer wishing to practise as a real estate agent on a complementary basis must not only meet the statutory requirements for practising as a lawyer, but also the requirements laid down in the legislation governing the activity of real estate agent.
A specific requirement for lawyers is that they may only act as a classic lawyer and as a real estate agent for the same client in the same transaction at the same time if the client gives his express written consent. In such cases, the drafting and countersigning of the sale and purchase contract may be carried out by another member of the law firm instead of the lawyer acting as real estate agent.
If you want to sell a property, you should contact a lawyer who is also a real estate agent and who is entitled to act as an intermediary for you in the sale of your property, in addition to his or her traditional role as a lawyer.
The author of the article is Dr György Zalavári, lawyer and managing partner of Ecovis Zalavári Legal Hungary.