Agente immobiliare

When you can not pay the real estate agency

The real estate agency plays the role of mediator in real estate sales (or rentals) and, if the work is carried out with professionalism and honesty, encourages meetings between parties with the same needs.
The real estate agent must not favor either the buyer or the seller, but understand the needs of both and allow a favorable meeting.
The same also applies in the case of rental.
Unfortunately this does not always happen, but the parties can protect themselves if the agent did not act correctly or they did not agree with his assignment.
As a rule, the agency is entitled to compensation, a commission on the agreement it has allowed to be concluded.
In some cases, however, you can legitimately refuse to pay.
There are obviously no tricks, but cases expressly in accordance with the law in which the real estate agency is not entitled to payment, that's when.
When you can not pay the real estate agency Illegal real estate agency Non-impartial real estate agent Important information has not been communicated Incorrect or imprecise information Service not requested Contract concluded after the expiry of the mandate Unsuccessful contract Just cause Prescription of commission Illegal real estate agency The real estate agent must be regularly registered in the business register at the Chamber of Commerce and is obliged to show the card if requested, otherwise he is not entitled to commission.
Non-impartial estate agent The estate agency must operate independently and fairly and be completely neutral.
There must be no ties with the parties (no dependence, collaboration or representation), but in general one party must not be favored to the detriment of the other.
The real estate agent who does not respect the obligation of impartiality and damages one party to favor the other is not entitled to commission.
No important information has been communicated.
The real estate agent must communicate with the parties in a transparent and honest manner, informing of all factual and legal situations that concern the property that is the subject of the negotiation.
For example, the buyer has the right to know immediately what the state of the property is like, if there are faults or problems that are not immediately detectable but which the real estate agent should have known about, inquiring according to ordinary diligence.
One of the most typical examples is that of building discrepancies.
Regarding legal situations, the main examples concern the existence of mortgages, foreclosures or easements encumbering the property.
If the withheld information would have been relevant to the decision, the commission may not be paid, even if the agent himself did not know it.
The real estate agent is in fact required to carry out specific investigations only if required by the mandate, but must in any case inform himself about the physical and legal status of the property, according to "common diligence".
Incorrect or imprecise information The real estate agent must allow the parties to evaluate the deal by providing them with verified and precise information.
If you provide imprecise, inexact or incorrect information (spontaneously or at the specific request of the parties), you lose the right to the commission, provided that these were relevant aspects in the conclusion of the deal.
Service not requested In this case the principle is very simple: if one of the parties has expressed dissent in using the services of the real estate agency, he or she has the right not to pay any fee, which the party who granted the mandate is instead required to pay.
Contract concluded after the expiry of the mandate The real estate agent is entitled to commission even when the contract is concluded after the expiry of the mandate, but only when the negotiations have started in time.
On the contrary, even if the meeting between the parties took place after the deadline there is no right to the commission.
read also Compromise without a notary, is it possible? Here are the risks.
Unsuccessful contract.
As a rule, the real estate agent is entitled to compensation for the service performed, provided that he has operated with diligence and correctness, regardless of the outcome of the negotiation.
Jurisprudence also recognizes this right from the moment the preliminary sales or rental contract is signed.
However, it can be specified in the assignment that the commission is subordinate to the successful conclusion of the agreement and in these cases the commission is due only when and if the notarial deed takes place.
Just cause If one of the parties changes their mind about the deal, the real estate agent is still entitled to payment, if he has put the parties in optimal conditions and acted correctly.
However, this does not apply if the change of mind is due to a just cause due to circumstances that have arisen or have just become known.
For example, just cause occurs when the seller abandons the deal upon learning that the buyer intends to pay at a later time.
Prescription of commission The right to the real estate agent's compensation, which begins to run from the conclusion of the deal, has a limitation period of 1 year.
Therefore the real estate agent cannot collect the commission if 1 year has passed and he has not made formal payment requests in the meantime.
The same also happens if the parties conclude the deal after 1 year from the conclusion of the mandate, but if this occurred through fraud, the statute of limitations begins to run from the discovery of the same by the agent.
read also How much you earn and how to become a real estate agent.
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Author: A.W.M.

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