Most people sign an agency agreement in five minutes — at the first viewing, or when they put a property on the market. Yet this is the contract that decides when and how much you pay, whether you can sell on your own, and what you can actually expect from the agent. This guide is for buyers, sellers and tenants. Rules verified October 2026.
In Bulgaria, brokering property deals is a commercial activity, and there is no special licensing regime for it. The Commerce Act defines an intermediary as a trader who brokers the conclusion of deals as a business (Art. 49 ТЗ) and gives them a right to remuneration (Art. 51 ТЗ). Where the agent, beyond finding a buyer or a property, also takes on specific tasks for you — gathering documents, acting for you towards third parties — the agreement also contains elements of a mandate (поръчка) under the Obligations and Contracts Act (Art. 280 et seq. ЗЗД). Under Art. 286 ЗЗД a fee under a mandate is owed only if agreed — one more reason to have everything in writing.
| Exclusive | Non-exclusive | |
|---|---|---|
| How many agencies | One only | Several at once |
| Owner sells directly | Depends on the contract — often still triggers commission | Usually no commission |
| Agency's commitment | Greater — marketing, photos, viewings, reporting | Smaller; the property is "one of many" |
| Your risk | You are bound for the term | Same listing at different prices, more calls |
The law does not regulate "exclusive agreements" separately; their content is entirely a matter of agreement. Exclusivity makes sense if you get concrete commitments in return: a marketing plan, professional photos, regular reports on viewings and feedback. Watch for clauses under which you owe commission even if you sell yourself to someone the agency never introduced — they are lawful if you accepted them, but you should know what you are signing. A penalty for breaching exclusivity is owed without proof of loss, but if it is excessive the court can reduce it (Art. 92 ЗЗД).
In a consumer contract, terms that work against you, fail the good-faith test and create a significant imbalance in rights are unfair (Art. 143 of the Consumer Protection Act, ЗЗП) and void unless individually negotiated (Art. 146 ЗЗП).
The core rule in practice: commission is owed when the deal is concluded as a result of the agent's brokering — the agent connected you with the other party and that led to the deal. The Supreme Court of Cassation has applied this approach in claims under Art. 51 ТЗ (e.g. commercial case No. 2/2017, judgment of 9 February 2018). A viewing alone, with no deal, does not as a rule earn a fee — unless the contract says otherwise.
The trigger written in the contract matters. Most often it is:
If commission falls due at the preliminary contract, ask what happens if the deal never reaches the notary — is it refunded, and on what conditions.
Separately, under Art. 288 ЗЗД, withdrawing a mandate does not deprive the agent of their costs and the agreed fee — so ending the contract early does not always release you from paying. Read the termination clause.
Under Art. 51 ТЗ the fee is owed by one or both parties, as they agree. Where nothing is agreed, the customary fee for this kind of work is owed by both parties. On the market you will see all three models — seller only, buyer only, or both — and it often depends on the agency and on which party signed with it. The rate is not set by law; it is negotiated. If an agency charges both sides, it should tell you so openly.
Businesses that broker property deals are obliged entities under the Measures Against Money Laundering Act (ЗМИП) (Art. 4(18) ЗМИП). For lettings, this applies to deals with a monthly rent of €10,000 or more. The law requires customer due diligence (Art. 10 ЗМИП) — identification, establishing the beneficial owner of companies, the purpose of the relationship and the source of funds. Individuals are identified from an official identity document, a copy of which is taken (Art. 53 ЗМИП), and the records are kept for 5 years (Art. 67 ЗМИП). It is not distrust — the agent is legally required to do it.
The largest industry body is the National Real Estate Association (НСНИ), founded in 1992. It has a Code of Ethics and keeps a voluntary professional register of agents. Membership is not compulsory and is not a state licence, but it means the agency has signed up to ethical rules and there is somewhere to take a complaint. You can check membership on the association's website.
This article is general information, not legal advice for a specific case.
If you would like to know how we work — what our agreement covers, when our fee is due and who pays it — call us or visit our office. We will give you the contract to read in your own time before you decide.
