Wednesday, November 23, 2011

That require the realtor?

It is vitally important issue for the client - the definition of the responsibilities and limits of responsibility of the agency in real estate transactions. Continuing the conversation about the professional standards of the Association of Realtors, St. Petersburg, find out how to answer it yourself market operators. The duties and responsibilities real estate firm says a lot. Introducing the appropriate section of today profstandartov ARSP, we generalize and structuring of their position regarding the functions of real estate manager in relation to clients. What to expect from the agent, for which he was responsible to the consumer? For each step of the transaction - a wide variety, time-and energy-intensive processes, the effectiveness of which is provided by the professionalism and dedication of agents, managers and employees of various real estate services firm. All the steps professionals should ideally be governed by certain rules. And the most basic - all actions are performed according to the realtor entered into the written contract with the client. Insurance straw for the client is not so important details of real estate "kitchen". The main thing for him - the security of personal material interests, responsible to him real estate firm. As this issue is being addressed in business and how it is reflected in the submitted standards? The main risks associated with customer two sets of factors. First - it's unprofessional actions of Realtors, which led to losses. In principle, the law firm responsible for the non-fulfillment of obligations. But only those that appear in the contract concluded with it. So the client should be particularly attentive to the content of the document signed by them. It is also important to make sure that the company is insured professional responsibility. Moreover, in an amount not less (and better - much more) than the budget of transaction. After all, bit of a nuisance, the insurance company will pay for that, on whose inadvertent error client suffered a loss. But only in the recovery of the insurance policy. The company, which provides services for the price of an object in a 70-80 thousand. is, and is covered with a shield profotvetstvennosti, with the policy of the insurance company to half the sum, and in the asset - dozens of trades at the same time, to put it mildly, disingenuous. The second group of risks associated with lack of firm legal access to information concerning the "history" of the apartment. By virtue of what even good standing agency can not provide legal clarity of the transaction. It is obvious that such an obligation can not be implemented. It only enters the customer in error, as one of the signs of unfair competition. "Closed" under the law is about re-registration of persons formerly the owner or tenant. This is especially true of minors - most often arise litigation relating to violations of their rights during previous transactions. It is impossible to know whether the above were listed on the data-square-meter face, knocked out in prisons, private medical institutions, etc. - because it is likely that they can justifiably claim to restore the right of residence in the housing of disposal. Also, (including, and by law), the agency should not be held responsible for errors or fraudulent acts by third parties. The maximum that can be obtained from the company in court client who has lost because of these circumstances, ownership of the acquired dwelling - is once paid a commission. Compensate for the loss of funds in this case are called title insurance company. And real estate agent is obliged to offer its customers organize registration of such insurance. Many realtors on their own hedge the risk of losing a customer title - ownership of property - for a limited period as appropriate. (In a subsequent term of the policy client can extend yourself.) Who is responsible for "market"? There is a real estate services in the market is not particularly common practice in violation of the Standards of 2.4 ARSP. For the bulk of Russian Realtors who do not have millions of revolutions in the currency and the related income, it is absolutely unacceptable. These are situations where the pursuit of competitive advantage, some large firms replace him by insurance companies. And taken to respond to customers that have paid at least a certain percentage of the transaction amount in commission, "for all markets." They issue a guarantee on its behalf and undertake to return the entire amount paid by the client in case of loss of rights to object. In fact, insurance experts, this approach is not considered criminal - under certain conditions. Namely, in agreement with the client company should be listed in detail all the obligations that are included in the scope of professional liability insurance policy and in that same responsibility - must appear not tens of thousands, but hundreds and even millions of dollars. It is assumed that the unexpected refusal of the company directly to fulfill obligations to the client from the personal assets of the victim can receive compensation for an insurance company as the victim of a "professional mistake". The construction is purely theoretical. While in peak situations lovers give guarantees cope on their own. And if not handled? If a company scored the obligations to the customer on a huge amount, refuse to perform them, and arrows will be transferred to insurers - not known, "will replace a plate," the latter. After all, once an accident occurs on millions of alien we have. One is reminded of by a mysterious analogy about shoes and the cobbler, pies, and some mutual pieman them ought. Professional standards also are designed for "mass" of good realtor, obliged to follow them. Duties of the Executive realtor in the course of the deal suggest that he: - competently and adequately determine the market value of the object put up for sale with all the factors of price formation; - organize an effective advertising campaign of the object using the full range of media (print, electronic, etc.) - determine the technical characteristics of the object, identify its strengths and weaknesses, provide accurate information to the client in respect of the object, organizes the display - will give further advice or undertake their own proxy prepare a full package of documents required for change of ownership, taking into account the individual characteristics of each transaction - organizes the notarization and registration of the transaction, competent and safe mutual parties - to advise on the possibility of timely re-sellers and their families in new locations - will help to organize the release of the property and its transfer to the new owner by an act of acceptance. Professional Standards ARSP 2. Duties and responsibilities of real estate firm (extract). 2.1. Representing the interests of the client under a contract for services, real estate agent makes a factual and legal actions on behalf of clients in strict accordance with the law and their obligations under the contract. 2.2. Real estate company will not be ... responsibility for unlawful or contrary to the agreements reached, actions of the parties to the agreements (for example, fraud, etc.) and errors in the activities of third persons not parties to the transaction (employees of state institutions, notaries, etc.). /.../ 2.3.2. Professional activities of the Agency should be insured in one of the insurance companies to be accredited under the leadership bodies of certification in Russia. 2.4. Real estate company that has no license for insurance activity shall not be entitled to claim the willingness to bear financial responsibility for transactions in excess of the compensation. 2.5. Real estate agent is obliged to: - Ensure the safety of the documents received from the consumer real estate services for the transaction - to provide the client accurate and comprehensive information concerning the object of the transaction, which can be derived from the laws in the authorized state bodies - to offer the client to insure a licensed insurance companies (at its option) the risks of loss of ownership of the purchased property, as well as its damage or destruction. 2.10. Real estate company is obliged to prepare the documents and ensure that the transactions for the transition of property rights (hiring, renting, property rights) from seller to buyer in accordance with all requirements applicable at the time of this transition legislation (federal and local), subject to the provision of company this right by giving the seller power of attorney. 2.11. Real estate company is not liable in the event that the court void the transaction conducted with the participation of the realtor, if the grounds for the recognition of the transaction as invalid are not related to the actions of real estate manager, and the actions of the parties to the transaction or transactions related to previous actions and the parties and other persons in respect of the property, due to the impossibility of legally available means and to make a full investigation of the history of property rights and pre-privatization employment of the property by the realtor.

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