1/15/2013

Proposed Legislative Amendment to Principal Place of Business Provision


OFFICIAL PLACE OF BUSINESS AS NON-MANDATORY -
ANOTHER PROPOSED AMENDMENT OF THE RA 9646 SEC. 33.

QUESTION: Rltr. John, I have read your blog about "Active and Inactive Licensees". I am Inactive. The RA 9646 Sec 33 says: "Display of License in the Place of Business. Every registered and licensed real estate service practitioner shall establish and maintain a principal place of business and such other branch offices as may be necessary, and shall conspicuously display therein the original and/or certified true copies of his/her certificate of registration and professional identification card as well as the certificates of registration and professional identification cards of all the real estate service practitioners employed in such office." What is your recommendation and justification in accommodating the inactive licensees via Legislative Agenda?

ANSWER: The justification would be on "harmonization", meaning, if other professions accommodate inactive licensees to renew their licenses, we in the real estate service must also harmonize with them. My recommendation would be so SIMPLY reword Sec 33, to read:

 "Establishment of Official Place of Business and Display of License. Every real estate service licensee who is active in offering services to the public for a contract fee, remuneration, or compensation must have a Principal Place of Business, with proper official business address and contact information, that is registered in DTI, LGU, SEC (if corporation), BIR, and HLURB as appropriate; and may establish and maintain branch offices, show-rooms, temporary or permanent booths, and field stations as may be necessary; and shall conspicuously display therein the original and/or certified true copies of his/her certificate of registration and professional identification card as well as the certificates of registration and professional identification cards of all the real estate service practitioners employed or associated as co-earners in such office. The directory of real estate practitioners, whether printed or internet-based, that will be maintained by IPORESP shall be open to the public and shall indicate whether the licensee is Active or Inactive in the service; and the official business address those who are active must show in the directory. Inactive licensees shall not be required to have Official Place of Business and may indicate their residence address in the IPORESP directory. The establishment of Principal Place of Business shall not be required in getting a license, initial or renewal."

VERY IMPORTANT! BUSINESS OFFICE WILL BE REQUIRED IN GETTING LICENSE

While there is no legislative amendment yet, we will send another letter to PRC to implement Sec 33 as part of the requirement for Initial and Renewal of license and registration. This will apply to Salespersons, Brokers, Appraisers, Assessors, and Consultants. The advisory should read that the onset date of implementation should be 30 July 2009. Non-implementation by PRC means NEGLIGENCE resulting to substandard professionals. NO PPB = NO LICENSE. Let the person who claims to be the "Father of RESA" explain how how unworkable his child is.

QUESTION: Sir John, kung licensed na walang office tawag mo noon ay fly-by-night, anong tawag mo sa colorum na merong office?

ANSWER: Fly-by-day-and-night ang colorum.


If there is anything else important that I forgot to include in this article, or if you experienced a real estate transaction that is anomalous, scam, fraudulent scheme that you want me to document and expose for others to be warned, or if you want to donate to the war chest of real estate consumer rights advocacy, please feel free to email me at JohnPetalcorin@Gmail.Com. If you want to comment about this article, there is a provision for this purpose that you can find below.
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