Theoretical and Practical Approaches to the Real Estate Brokerage Contract in the Republic of Moldova

This article analyses the legal regime of the brokerage contract, with a focus on the particularities it acquires in the field of real estate brokerage in the Republic of Moldova. The relevance of the research stems from the adoption of Law no. 40/2026 on the activity of real estate agents, a normative act which is due to produce legal effects in the immediate future and which marks an important stage in the professionalisation and regulation of the real estate services market. The research examines the general rules of the Civil Code in correlation with the provisions of the new special law, which introduces additional requirements concerning the status of the real estate agent, the form of the contract, the transparency of remuneration, the avoidance of conflicts of interest and the protection of the beneficiaries of real estate services. It is pointed out that, once the new regulation enters into force, the real estate brokerage contract can no longer be regarded exclusively as a simple civil relationship of intermediation between the client and a third party, but as a complex legal relationship situated at the border between the law of obligations, consumer protection, the regulation of professional activities and the need for transparency of the civil real estate circuit. The article therefore seeks to identify the main problems of interpretation and practical application generated by the relationship between the general rule and the special rule, with particular reference to the conditions for acquiring the right to commission, the prohibition on collecting an advance on remuneration, the limits of exclusive brokerage and the effects of a conflict of interest on the agent's right to payment. The research concludes that the new normative framework requires a reassessment of existing contractual practices and creates the premises for consolidating a professional standard based on transparency, accountability and effective legal protection of the client.