Introduction and Objective: The Law Requiring Official Registration of Immovable Property Transactions has substantially transformed this framework. This study aims to analyze the legal nature of real estate brokerage and explain the redefinition of the powers, duties, and liabilities of real estate agencies under the new registration regime.
Methodology: This study applies a descriptive-analytical legal method. Data were collected through documentary and library research, including the Iranian Civil Code, Commercial Code, Registration Law, Trade Union Law, the Law Requiring Official Registration of Immovable Property Transactions, its implementing regulations, judicial materials, and relevant legal literature.
Findings: The findings indicate that the fundamental legal nature of real estate agencies remains based on professional brokerage. Nevertheless, the new legislation significantly limits their traditional authority to prepare ordinary property agreements. Article 3 requires brokers, following preliminary negotiations, to enter the draft agreement into the electronic registration system and refer the transaction to a notary public. Under the amended Article 13 of the implementing regulation, the draft has no contractual legal effect before registration by the notary, and brokers must inform the parties accordingly and refrain from facilitating the exchange of consideration. The legislation also introduces standardized contracts as a distinct electronic mechanism. Furthermore, Article 11 prohibits real estate brokers from preparing ordinary agreements in transactions governed by Article 1 and establishes professional and financial sanctions for violations.
Conclusion: The new legal framework does not eliminate real estate agencies; rather, it transforms their position from traditional drafters of ordinary property agreements into regulated professional, informational, and electronic intermediaries within the official registration chain. Consequently, while their traditional contractual authority has been restricted, their professional and regulatory responsibilities have increased.