The Treaty is not a sentence? How to negotiate with the agency

29.10.2010 07:55
Any real estate transactions are accompanied by formation of a contract with realtors. In many ways, the success of the transaction depends precisely on the contract and from whom he contracted. We conducted a survey on Restate.ru on this topic - you need a contract with a real estate firm?

Burden of responsibility lies on both contracting storonahVy going to buy or sell homes. And you will enter into a contract with a real estate firm. This document is widely seen as very important, and believe that without a well-drafted contract business with realtors to not be. What do you think? It is in this plane were formulated our questions. That contract, according to the majority still needed can be seen from the survey results. However, the most numerous part of the audience (26%) agreed that we still have all done "on the concepts, and the contract is just a blank piece of paper. Even more respondents (27%) believes that the treaties only protect Realtors. And only about 11% believed that modern instruments are sufficiently protect the rights of clients. As you can see more than half of respondents (53%) negative assessments of the existing system of contractual relationships with real estate firms.

We do not undertake to assess the "validity" of such an evaluation. But you must admit, more than half a purely negative responses give enough reasons for a disappointing conclusion - most citizens do not trust realtors and do not consider that the treaties to protect them in a proper degree. Thus, "voice of the people" is presented. And what people think about this professional?

According to the director of the Petrograd branch of the Adveks Yuri Vorobyov such a low score in the first place due to middle-estate business in our city. Indeed, in addition to companies involved in various professional associations in our city there are hundreds of companies that do not necessarily adhere to "ethical standards" or comply with treaties. For them, the shorter the contract, the more loopholes left for his violations. According to Yuri Vorobyov, often in violation of the rights of clients real estate market is largely to blame for the customers themselves, who simply do not read those documents that are signed. It turns out that they are "on the concepts, not relying on any laws or the contract that they sign. Meanwhile, adopted at the Association of Realtors rules, if the customer real estate company has any complaints, it is the members of the Association on an ad hoc committee on consumer rights, dismantle all cases of customer complaints. And while it is guided by the contract signed by him. But the treaty itself, according to Yuri Vorobyov, should be as prescribed in detail all the steps of a realtor. Otherwise, is not always clear what kind of work realtor undertook to do, and what part he complied or not complied with. And, ultimately, the client real estate market itself makes the choice. Either he signs a "blank piece of paper" with a common set of phrases on the responsibilities of the parties and their responsibilities, or a specific document with a real estate agent list of duties. Only in the latter case, the client can consider itself safe from the arbitrariness or error lay. Another thing is that there are such contracts as are signed just absolutely impossible.

According to director of real estate agents "Nord" Olga Balayeva, often a client who first entered the real estate market can not always navigate the texts of such agreements. And it would be better for real estate agencies and their clients, if the drafting and signing of this important document was present independent third party - for example, a lawyer or a lawyer specializing in real estate market and protecting the rights of a particular client.

As the director of real estate agency "Arcade" Andrey Vasilyev, the most important thing in any contract with the seller and the buyer - is clearly marked with the amount of the sale of the property, as well as the agency commission. Both the client signs the contract must clearly understand what services it pays for the agency and in what amount. Another thing is that real estate firms we have under the law simply can not thoroughly investigate the history of the apartment. And the whole, our market is far from normal civilized norms.

From the standpoint of Andrei Vasilyev, the most frequent problems with non-return of advance customers are also associated with the imperfection of the legislation - the agency should be able to take on the special accounts of clients` money. And spend they can only be in accordance with the signed contract. That is, should be able to manage (not by choice), entrusted to him by means of a client`s interests. Such opportunities for our agencies do not have, here and there are all sorts of workarounds with the same advance. Well, times have bypass circuit, so there is a possibility to manipulate these resources, which often happens. Of course, in a situation where the buyer is no fault of their own, without the advance, he can not trust the real estate agencies. The best way out, according to Andrei Vasilyev, was to develop a special law on real estate activity, which would have been clearly defined rights and responsibilities of all parties involved.

But, according to deputy head of the law firm "JurInform CENTER Alexander Petrenko, in principle, realtors would be enough and existing laws. Moreover, there are already forms of contracts, developed jointly by specialists from the Association of Realtors and government agencies. A few years ago the Association was drawn up a so-called General Agreement, which took into account and long-standing practice of Realtors and legislative requirements. And Alexander Petrenko, as one of the main developers of the document was even awarded a special diploma of the Association. But, alas, despite the fact that the contract was designed specifically with the participation of realtors, and seemingly took into account various nuances of their work, in case he did not. According to some directors of firms - document received "too big and complex for the perception." It is strange of course, that the document which, according to lawyers really are equally protected and the rights of clients and the right agencies and found wide application.

About the results of our survey, we would like to note that, of course, and the legislative framework for real estate activity we have enough, but not all realtors are willing to work honestly. Hence the quite understandable poll results. Perhaps this story will attract the attention of real estate professionals to the problems that cause distrust of St. Petersburg to the profession and they are more attentive consideration to the current market the "bottleneck". As for the townspeople, we agree with those who chose the answer: it all depends on with whom the contract is signed. " So do not turn into the first office, and certainly not looking to sign a contract. In this case, you risk to deal with the agents was "on concepts."

Sergei Utkin, Restate.ru
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