Legal Analysis of the Role of Real Estate Consultants in Preserving Land Ownership Rights and Its Enforcement Challenges in Iran

Document Type : Original Article

Author
Master of Science in Private Law, Tabnak University, Lamerd, Iran
10.22034/lc.2025.544378.1681
Abstract
Land ownership, as one of the most fundamental objective rights in the Iranian private law system, is covered by several laws, including the Civil Code and the Law on Registration of Documents and Real Estate. Real estate consultants play a key role in facilitating and legally guaranteeing the transfer of land ownership in the process of real estate transactions as professional intermediaries. However, the performance of this sector faces extensive legal and enforcement challenges, including weak supervision, lack of professional competence, conflict of interest, tendency to informal transactions, and lack of effective compensation mechanisms. This research aims to legally analyze the role of real estate consultants in preserving land ownership rights and identify enforcement challenges in the Iranian legal system. The research method is qualitative and descriptive-analytical with a library approach and citation of legal, jurisprudential sources and valid scientific research. The findings of the study show that although there is a relatively comprehensive legal framework in the Commercial Code, Civil Code, and related regulations for the activities of real estate consultants, the weakness in the implementation of these laws and the lack of efficient supervisory mechanisms have caused many consultants not only to fail to guarantee property rights, but in some cases to act as a factor in the violation of these rights. Also, a comparative comparison with the common law and Roman-German legal systems shows the superiority of these systems in the field of professional training, centralized supervision, and the use of modern technologies. As a result, it is suggested that the role of real estate consultants as legal arms guaranteeing land ownership be strengthened by establishing a centralized supervisory body, requiring specialized training and issuing professional certification, promoting official registration of transactions, eliminating conflicts of interest, creating electronic systems, and providing professional liability insurance. The implementation of these solutions will not only help protect the rights of owners, but will also increase public trust, reduce property disputes, and establish legal and economic order in the real estate market.
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