QUESTION: Sir John, I am an ATTORNEY/LAWYER by profession. I am not a licensed real estate professional broker or salesperson. My client asked my assistance to sell his real estate with a stipulated commission of 5%. We signed an Agency Agreement. Am I violating the R.A. 9646? ANSWER: Definitely YES! You can go to jail for that.
Section 28 (D) of the R.A. No 9646 is about the Exemptions from the Acts Constituting the Practice of Real Estate Service.
Section 28 (D) exempts "any person who is duly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange, or other similar contracts of real estate, without requiring any form of compensation or remuneration".
There are actually five exemptions. If you did not meet the other exemptions, you will be captured by RA 9646 Section 28 D.
2 comments:
sir, paano kung mayron special power of atty yung lawyer para ibenta ang property ng client nya pero hindi sya licensed real estate broker or agent, makakasuhan pa rin ba sya?
Kung may SPA sya, pwede naman siya mag facilitate ng sale, hindi siya makakasuhan basta clear lang sa SPA niya na wala siyang remuneration sa pagiging SPA nya.
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