Bad Times for the Exclusive
Bad times for the Exclusive : A ghost runs through Spain: the ghost of the exclusive. Almost all the real estate companies in the old way of running their companies -the one before the Crisis- remain in their positions: the exclusive one is the minor god that is venerated in them. Something of whose kindness and usefulness, few argue. And yet ... at its peak - there is no property real estate exchange that does not require for its incorporation, the nature of the exclusive commission, or property acquisition course that does not preach the supreme value of the Exclusives-, An iceberg has appeared on its journey.
In full success -in its highest consideration as a definitive commission for the success of the transaction and the agency-, and between almost a demonization of the rest of orders as something of very low category, the freshness of the Exclusive is threatened by the Sickle of Consumption, when the owner is a private individual
And it is that the Directorate General of Consumption of the Ministry of Health of the Junta de Andalucía, has raised a query to the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN), in this double sense:
1 "On the one hand, if the exclusive clause in the mediation contract can establish the obligation of the bidding owner of not carrying out any management by itself aimed at the sale or lease of the property, excluding its personal and direct action for the formalization of the sale. "
2 " The second, if this exclusive agreement is supposedly accepted, the mediator may demand, in the event of breach by the principal of the aforementioned agreement, the full amount of the commission agreed, even if he had not participated in the successful completion of the operation or business. "
And AECOSAN (1), is studying it.
Dark and abusive clauses
Do you hear this clause ?: " This contract is agreed under the exclusive regime. The fees of the Real Estate Agency shall accrue in full even if the transfer is made directly by the property or through another intermediary or private person, during the term of the same. "
It summarizes the two previous ideas, which in this case materialize that if the owner sells through a third party, the agency will receive 100% of the agreed commission as compensation.
It will not surprise you that with that, or similar newsrooms, demands for payment of fees to "unfaithful" owners are being lost very frequently.
I am noticing this because the decision of the AECOSAN , pending to be substantiated , it could well echo the sentences on the exclusive in recent years and give a disgust to death to the worshipers of the Exclusive, by opting, possibly, for the abusive nature of those two issues consulted.
We will follow you reporting on this matter, but our advice is to change the defeat and, if not yet, navigate the safest route of the Single Agency. And if it remains in the Exclusive one, review its contracts in light of the latest judgments (2014 and 2015) that have appeared on it. Note that almost all of them are claims against individuals. Exclusive sales with business owners are another thing. (2)
A not funny riddle
And as a sample of one of those, I leave you with a riddle: What is dark and abusive in this clause of an exclusive contract with an individual ?, which says:
"This order is EXCLUSIVE and will last for three months, extendable for the same period and only once , if there is no express waiver by either party. "
Think about it.(I give you a clue, think about what it says, both, as in what it does not say.)
Follow Health and prepare for the next thunder.
Miguel Villarroya Martín, April 4, 2016/Madrid. Spain/ventasgrandes.net/Cdi.firstname.lastname@example.org
Notes on Bad Times for the Exclusive :
(1) AECOSAN is the Spanish Agency of Consumption, Food Security and Nutrition. This is the body to which the query has been raised.
The Agency has no deadline for its response. The document is drafted and put to consultation.
(2) What moves us to a first consideration: Our exclusive contracts must have two kinds of recipients: those we will use with private owners and those we will use with companies.
But as we will explain in future postcards, there are more aspects than those indicated, especially those referring to the subsequent procedure of relationship with the owner in charge. And it is that, in case of judicial conflict, the definitive thing, it will be able to demonstrate that through our commercialization efforts, the owner has been able to sell his house.
(3) A more summary version of this postcard It has been published this morning in the Digital Inmodiario. In fact the image that accompanies this is a screenshot of that newspaper.
Source of the cover image.