The activity of the real estate agent and the real estate agency are regulated by the law regarding the establishment of commercial companies and OG3 / 2000 regarding the activity and legal obligations of the real estate agent.
Unfortunately, this is somewhat unprofitable in the sense that it is full of confusion and lacking the coherence of a law that basically regulates an economic activity with profound implications. In practice, reputable real estate agencies have adopted the code of ethics and fair practice, so you can carry out the real estate transaction safely, quickly and professionally.
The practice of the Romanian real estate market has imposed the so-called double real estate agent, which can represent both the buyer and the seller. Representation by a double agency requires the knowledge and consent of both parties, the seller and the buyer. In fact, the double agent is committed to serving the interests of both parties. This is the case throughout the entire transaction. The commission of the real estate agent is paid by both the seller and the buyer. The commission amount is usually between 3-5% and divided between seller and buyer. For rent, the commission is around the rent for one month. If you work with a real estate agent, you have two options: you can work with an agent under exclusive brokerage contract or you can work with an agent under open brokerage agreement. Serious real estate agencies offer their clients the full range of real estate services besides the presentation of real estate, offer consultancy, market studies, appraisals and assistance at the conclusion of the transaction. Thus, when you pass the threshold of a good agency, you know that its employees will show you many houses (first photos, sketches or video material, then watching the field), they will inform you about the evolution of the market (they are expensive, the houses are cheaper) and they will tell you if the requested price is justified or not compared to the offer.
Choosing a real estate agency
Theoretically, in a real estate company you must find qualified personnel, which will ensure your safety and optimal conditions at the conclusion of the transaction, and any deviation of a real estate agent leads to his exclusion from the guild. But it's not all the time.
First, the agency must be easy to identify. The company must have a fixed headquarters, be signposted (with the firm at the entrance), have an office arranged as a working point with the public, with a secretariat, but also a negotiation room, in which the retailers can discuss in particular related to payment, money, confidentiality, etc. The agents must be prepared, friendly, ready to offer you all the support possible. It is good that the agency is affiliated with a professional union, where you can check its activity, whether or not it had deviations and if it is accredited. The most known association of real estate agencies is the Romanian Association of Real Estate Agents (A.R.A.I.). In the end, we believe that the most important factor is the confidence that the people of the respective agency inspire. However, accreditation is not required.
Beware of ghost agents (they are the ones who change their work point at least twice a year in order not to be found by the deceived clients). They cannot even be called real estate agents because there are only three or four exocrats in a block of flats or in an apartment. Some of them also have perfectly legal documents (they have evolved and learned to adapt). In the absence of proper legislation, all sorts of dubious characters appear whose sole purpose is to deceive the naive. Today the real estate market is known serious and renowned real estate agencies, but many people want not to pay commission (real estate agencies to do voluntary work), or to pay as little as possible (without appreciating the work and efforts of real estate agents), so enter on the hands of some crooks - ghost agents - who promise them very small commissions or commission 0.
Steps to follow when working with a real estate agency
If you want to sell a property, contact the real estate agency and present the offer in more detail, consult with the real estate agent on the price you want (the interest is mutual - both parties wanting to obtain a higher price, but real), ask for the agent's name and give him a phone number and the hours he can find you at that phone number. After your offer was taken, it was included in the agency's database and the agreement was expressed in representing the building by the agency, it is followed by a real estate agent to view the property. When viewing, the agent may ask you to sign a viewing contract (to justify the time when the company was absent or to make additions to the agency's database) or an exclusive contract (this contract means: give the agency a period of 1-3 months of exclusivity, in which you will NOT collaborate with other real estate agencies, because the company that wants this contract invests in advertising your property to find potential buyers). If you have signed an exclusive contract and do not respect it then assume the payment of the commission or penalties mentioned in the contract.
The most exciting step is when the real estate agent comes with potential clients to present their real estate. You may be lucky that the first client is the one who wants to buy you the property, but do not be scared, the real estate agent due to the accurate and complete information has selected the client that best suited your offer. sale, go to the agency or notary to conclude the pre-contract (this pre-contract is very important and without it it is almost impossible to sell).
At the pre-contract the owner comes with the original documents of the property and with the identity document (the one who comes to the precontract as a seller must be one of the owners or have a proxy for representation specifying what the owner has ordered).
The intermediation contract (pre-contract or pre-contract) concluded by the real estate agency in the case of a real estate transaction is drawn up in three copies and must contain:
- agency header (company name, address, telephone and fax number, Trade Register number, fiscal code)
- the registration number of the contract
- the date on which it ends
- the name and all the identification data of the owner and the client
- the house that is the object of the contract (its full address and its mode of acquisition by the owners, based on which documents)
- the price at which the transaction is concluded, agreed between the parties
commission of the real estate agency (usually between 3% and 5% + VAT value of the transaction paid by both parties: seller and buyer).
- the deadline by which the transaction is concluded at the notary's office
- penalties payable by one party or another
- contractual clauses with obligations and responsibilities for each party
- the original signatures of the client, the owner and the representative of the real estate company
- stamp in original of the real estate company and of the partner if necessary
At the conclusion of the intermediation contract, an advance is paid by the buyer (who most often remains at the agency's premises for the security of the transaction) and the owner leaves the documents in copy to be verified and drawn up for the sale-purchase contract at the notary. In case the transaction cannot be completed due to the seller's fault (if the owner conceals the agency and the buyer that he has a mortgage or a command) the buyer will be able to easily recover his advance payment (and then the possible damages if he considers it necessary ). The owner can also leave the original documents (until the conclusion of the sale-purchase contract at the notary's office, prepare a report or specify in the pre-contract the documents that remain at the agency).
The intermediation contract is concluded only at the headquarters of the real estate company or at the building that is the object of the transaction. In the headquarters of the agency, its commission, the registration certificate of the company, any licenses or professional attestations must be exposed.
The real estate agency is not a "recovery company" and does not assume responsibility in case the owner took the advance and spent it without having the possibility of returning. There are also special cases in which each case has a separate resolution.
When all the documents are ready for sale at the notary's office, only the money is signed and received in front of a notary public (not more than 50,000 Lei) the rest of the amount is made by bank transfer.