Showing posts with label Tips for Colorums. Show all posts
Showing posts with label Tips for Colorums. Show all posts

7/09/2013

Colorum database

I will publish an online database that will show name and evidence of colorum real estate agents and open its online access to the public. It should be everyone's duty (1) to collect fliers and websites of colorum real estate agents, (2) to take a digital photo of it, and (3) send it to me by email.

Aside from telling the public to verify in PRC website to determine if the agent they are dealing with is a colorum, we will also guide them to check out the colorum database to find out if the person they are dealing with is a colorum.

If you see alyases and nicknames and contact numbers only, please try to do a little work of knowing their TRUE NAMES and verify it in PRC website before you send it to me. Thanks.

So basically, I need the following:

1. Name of Colorum
2. Contact Numbers, Emails, and Website
3. Name of Seller (project, Developer, or Bank)
4. Digital Image of Evidence (ads, fliers, website, or front signboard of place of business)

Just email it to JohnPetalcorin@Gmail.Com

The identity of the reporter/sender will be treated with utmost confidentiality. Thanks again.


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.
Thank you so much for visiting my site. May God Bless You!

5/25/2013

How to Verify Professional License



QUESTION: Rltr. Petalcorin, someone handed to me a real estate marketing flier in the mall (see attached). How do I verify if this person is legitimate real estate agent?

ANSWER: You can verify the name in the PRC Website.








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.
Thank you so much for visiting my site. May God Bless You!

1/20/2013

CEOs of Top Real Estate Developers



When the blog titled, "How Law Enforcement Catch Colorum in Bulk" materializes, the tycoons can afford to pay their corporate penalties for engaging the colorum real estate agents. But how about the individual colorum persons? Can the small ones afford the fine and imprisonment?




FERNANDO ZOBEL DE AYALA
Chairman of the Board
Ayala Land, Inc
29/F, Tower One, Ayala Triangle
Ayala Avenue, Makati City 1226




DAVID M. CONSUNJI
Chairman of the Board
DMCI Holdings, Inc.
3rd Floor Dacon Building
2281 Don Chino Roces Avenue
1231 Makati City
Philippines




LUCIO C. TAN
Chairman of the Board
Eton Properties Philippines, Inc.
8th Floor, Allied Bank Center
6754 Ayala Avenue
Makati City, Philippines




ANDREW L. TAN
Chairman of the Board
Megaworld Corporation
28/F The World Centre,
330 Sen. Gil Puyat Ave.
Makati City, Philippines




FREDERICK D. GO
Director, President and COO
Robinsons Land Corporation
Level 2, Galleria Corporate
Center EDSA corner Ortigas Avenue
1100 Quezon City,
Philippines




MARCELINO C. MENDOZA
Chairman of the Board
Vista Land & Lifescapes, Inc.
Upper Ground Floor, Worldwide Corporate Center
Shaw Boulevard,
1552 Mandaluyong City
Philippines




HENRY T. SY, JR.
Chief Executive Officer
SM Development Corporation
One E-com Center, 10th Floor Harbor Drive
Mall of Asia Complex, CBP-IA
1300 Pasay City
Philippines


1/18/2013

How law enforcement catch colorums in bulk


The usual fliers of colorums will provide investigators the lead. Imbistigahan yang Human Resource Departments ng mga Development Corporations na suspected nag-operate ng colorums. BIR will also provide names of those who actually earned as agents using Withholding Tax data -- evidence is solid, escape is impossible.

Kaya importante yung pinapapiramahan nating Advisory ng onset date ng law enforcement against colorum. Lahat na pasok sa period patay si Corporation, penalty P200,000 kada ulo, pag-uusapan pa kung paano yan ikukulong kasi ang batas nagsasabi "fine AND imprisonment".

Don't tell me later on that you were not warned to get out of the room before it is blasted. When the BIR and DOJ investigates the entire Development Corporation for colorum operation and you are found to be part of the "associates" of the Corporation, patay ka, masisira yang license mo, sabit ka as accomplice. External Broker ka lang, but you can't see the records in their Human Resources, you didn't know na naka C/O sayo ang mga colorum agents na wala kang ka-alam-alam.

Anak ng kaibigan ko, fresh graduate, pumasok colorum sa isang developer. Tinawagan ko na ang parents ng bata to force her to quit, forget the commission, or else it's gonna give them headache later. There are many more available SAFE jobs other than colorum real estate agency.

Colorum are real estate agents who possess neither PRC license, nor registration, and are generally considered illegal.

Be reminded of RA 9646, SEC. 39. Penal Provisions
Any violation of this Act, including violations of implementing rules and regulations, shall be meted the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) or imprisonment of not less than two (2) years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed real estate service practitioner, the penalty shall be double the aforesaid fine and imprisonment.

In case the violation is committed by a partnership, corporation, association or any other juridical person, the partner, president, director or manager who has committed or consented to or knowingly tolerated such violation shall be held directly liable and responsible for the acts as principal or as a co-principal with the other participants, if any.

Colorum real estate agency is a crime per RA 9646, and it is punishable by no less than P200,000 fine AND 4 years imprisonment. Paying tax for illegally earned income will not exempt the person from criminal liability. If you were a colorum in the past and you have a record in the BIR that you earned income as colorum, it would continue to give you a nightmare even if you have become a licensed practitioner recently. Becoming a licensed RESP at present or in the future won't exempt you from liabilities of real estate crimes you have done in the past. The Developers who employed colorum will not be exempt from the liability, in fact, they will be the focus of indictment because they can afford the fines. Government is desperate in raising revenues -- and I made a commitment some four years ago that I will never stop the anti-colorum crusade until the last colorum pays the penalty.



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.
Thank you so much for visiting my site. May God Bless You!











1/15/2013

Expat asks how to detect colorum (crook) agent

QUESTION: Rltr. John, I am an expat in Philippines. I have been approached by several real estate agents selling condominiums; and there is too many of them. How would I know if an agent is legitimate? As a consumer advocate, what advise can you give to me?

ANSWER: When someone hands out a project promotion flier to you, don’t be rude, just get it and say that you will take a look at it at your most convenient time. These fliers normally have contact information written or stamped at the back. The safety mechanism is very simple — if you are interested with the project after you review their fliers or website, deal only at initial contact with real estate agents (brokers or Salespersons) who are licensed in Professional Regulations Commission (PRC and registered in Housing and Land Use Regulatory Board (HLURB). Legitimate agents always follow the procedure to indicate their license numbers in their advertisements, fliers, and websites. You can check their license numbers in the PRC or HLURB website.


By the way, please allow me to watch your back. It would interest you to read my blog titled Lease-Back Buy-Back Anomaly and all the other Anomalies Scams Schemes Fraud in real estate Philippines.


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.
Thank you so much for visiting my site. May God Bless You!

1/08/2013

Licensing Strike! Broker closing shop!

You did a lot of effort to become a Broker because you believed that real estate sales in the Philippines generate THRILLIONS of sales each year. Your belief is reinforced with the sight of towering high-rise condominiums all over Metro Manila (that has caused the congestion of the metropolis). You are aware that at present, there are already around 20,000 Brokers. So, you, picked up your 10 digit calculator to estimate the 5% commission from a thillion pesos and divide it by 20,000. Assuming you are equally competent than everyone else, you should be earning around P2.5Million each year, as a Broker -- so you run in a hurry to BIR and register yourself under VAT.

Well, let me tell you the truth. I myself, whom you recognize as one of the powerful Brokers in the Philippines, is not earning that much as a Broker. You, me, all Brokers are not earning that much, right? But our expenses in license, seminar, professional bond, memberships in associations are SURE EXPENSES that we can't escape;and we spend for these things because we believe in legality and righteousness.

Now, where is your P2.5M share of the industry? Where did the money GO? Do you know who raked in the income of that huge agency profession? It's the COLORUMS -- the unlicensed real estate practitioners whose operators are TOLERATED and PROTECTED by the Philippine Government.

Ever since in the 80's there are already government regulations that provide Brokers (and the legitimate Salesperson they supervise) the exclusive proprietary rights to exercise the practice and profession of the Real Estate Agent. But government, whether DTI or PRC or HLURB has never protected our proprietary rights. It appears to me that all of these real estate regulatory laws that promise proprietary rights to licensees are HOAX, a BIG GOVERNMENT SCAM, and FARCE (as one license striker call it). The government is not implementing the entire RA 9646, nor the PD 957, they just want the portions of it where they get money from us -- parang mga sahuran na pa-upo-upo lang mga bantay-salakay na tumatanggap ng pera pa-ilalim mula sa mga mayayamang criminal na nag-eexploit ng services ng mga walang lisensyang real estate colorum agents.

As Lead Convenor of IPORESP, I have thousands of licensed practitioners who follow me. In my previous blogs, I frequently mentioned an encouraging note on getting business licenses, BIR registration, and official receipts, etc. etc.; but time had reached a point when I have so say we had ENOUGH of this cruelty by the government. Now the irony is, yesterday, I went to Manila City Hall to get a Business Retirement Form to close REIBS.COM Real Estate Information and Broker Service. Closing shop, in fact have already stopped operating as a business since 31 December 2010, yet retaining the professional license, is the best decision I ever made since the last time I got disillusioned since the approval of the Real Estate Service Act of 2009. This week, I will also go to HLURB to voluntarily suspend my HLURB Registration so that I will not incur penalties and surcharge later on when I register again. I have the same plan for my PRC license, I will have it voluntarily suspended to escape the yearly surcharge when I renew later on.

I know our sector is frustrating; but I discourage everyone from reaching an extreme point just like the incident of a Broker hanging self last October 2012.

Don't worry, this is no big deal. Brokers who are honest about their finances will sure follow my course of action, no big deal. I am not surrendering, I am just retreating. I will open up the business again in the future; but not until PRC signs the advisory that the same law enforcement procedure that is applied on the other professions will apply to the real estate service.

RE: IPORESP. Everyone will FOLLOW my lead. No one will renew their license. No one will establish a business. No one will pay their taxes. But everyone will continue to operate, serve the people, and bring that scraps that you earn into your family's table. Lalangawin ang PRC and HLURB. That's what will happen. We call it Licensing Strike. Only those who tolerate the corruption of PRC and HLURB will renew their registration, and we want to know WHO THEY ARE -- they can never become pillars of the IPORESP. Definitely, no rally in the streets.

3/18/2012

Real Estate Anti-Colorum Form


ANTI-COLORUM FORM

If there is someone who hands over to you some real estate marketing calling cards, fliers, brochures, please look at the name of the contact person indicated, written or stamped in it. If there is no PRC Lic# or HLURB Broker/Salesperson Registration #, please report it using the IPORESP Anti-Colorum Form. Those are unlicensed real estate practitioners that are hazardous to the consumers. Please share this posting to all your friends. Thank you. http://iporesp.org/anticolorumform.pdf

Upon receipt of the form, we will investigate the information in the form to find out if there is any Licensed Practitioner exploiting or protecting the said accused colorum, and if there is probable cause that the accused colorum person violates the Republic Act 9646 (Real Estate Service Act), then we will file it either in National Bureau of Investigation (NBI) or Philippine National Police (PNP) whichever is convenient to us. NBI or PNP is most appropriate because the violation is a crime punishable by 2-4 years imprisonment AND fine of 200,000 Pesos.




PRC HAS NO POLICE POWER


QUESTION: Sir John, bakit hindi po sa PRC i-submit ang report against colorum?

ANSWER: There are many reasons, (1) the issue of "mistrust" is one thing, (2) another is that PRC has no Police or Law Enforcement power, (3) unreliability and the factor of endless excuses is also an issue. Violation of RA 9646 is a criminal offense, punishable by imprisonment and fine. Therefore, complaints are best filed by the licensed ones, and request for investigation and apprehension are best lodged in the PNP or NBI. Complaints lodged in the Barangay can also help if we are to be light-handed against the colorums.

Emmanuel H. Bocaling: Yes. Since colorums have no PRC licences, they are technically not under the PRC nor the PRBRES. Any colorum out there is practicing in violation of RA 9646 and therefore appropriate charges have to be filed in court - in the local trial court.

Petalcorin: I would love to interview colorums who will pop out the names of the licensed ones who engage them. Developers handling colorum agents could also lose their HLURB Permits. This is what I love to see.




COLORUM INCLUDES LEASING AGENTS

QUESTION: Sir John, does "colorum" includes lease agents? How about property Managers, are they required to have PRC license?

ANSWER: Yes, Leasing Agents without PRC license are included in the colorums. There are two functions of Property Managers, one is just a plain caretaker of the property and the other is acting as leasing agents. Only the Property Managers who act as leasing agents are required to have a PRC License (Broker), they are technically ILLEGAL colorums if they operate without PRC license.

Basta just mere suspicion, you report it. We will take care of the face-to-face interview with the accused in my office and further investigation to find out how they operate. Kapag nag violate sila ng RESA, we will file charges in the PNP.


1/26/2012

Policy on Quack Agents

QUACK AGENT - this is my new word for this week. You can use this to ridicule another agent (for some reason) at your most convenience. For example, you can print a large tarpaulin that says, "WISE BUYERS AVOID QUACK AGENTS".




Always remember the rule of survival in the real estate market. Eye for and eye. Tooth for a tooth. Always follow your instinct. The code was made in the past to level the playing field. If you sense that your counterpart (individual, group, organization, association, or corporation) don't follow the code, then your actions should not be restrained by the code. You have to do what you have to do to survive. If they don't follow RESA, then don't allow your actions to be restrained by RESA.




The Developers must realize that when a broker speaks ill about a particular developer, the word spreads fast among the customers. Pag sinabi ko na etong particular na Developer ay maraming Unprofessional and Quack Brokers, matindi ang negative impact nyan.


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.
Thank you so much for visiting my site. May God Bless You!

1/09/2012

Non-licensed realty practitioners will stay

Ang Pwede lang makasali sa commission sharing structure ay PRC licensed Brokers and Salespersons lang. Yung iba, pwede pa rin gumawa ng sub-function sa entire Sales Workload, at ang magbabayad sa kanila ay ang Broker.

Halimbawa ako Broker, pwede ako mag-bayad ng serbisyo ng Flier Girl sa halagang P500 kada araw sa labas. Pag merong interested buyer, pasasamahan ko ng Salesperson ko at papupuntahin ko sa project site para makita ang model unit, at ang Project Presenter naman na sweldado ng Developer ang mag papakita sa kanya ng project. Pag bibili siya, sa office ng Broker (ko) pupunta para magsarahan ng transaction. Pwede rin ako magbayad ng serbisyo ng lumalakad ng papel sa labas (Documenters) sa halagang P1,000 kada araw sa labas. Ang mga ibabayad ko sa kanila ay part of my cost of doing business.

Yang Flier Girl, Property Presenter, and Documenters ay hindi kailangan ng PRC license, but they will continue to exist as part of the workload and they will be paid properly with salaries or contract fees, hindi pwede na walang compensation na pagtatrabahuin yan sila na papangakuhan lang ng commission. Yan sila lahat, pwede yan maging member ng IPORESP kasi apektado sila sa RA 9646.

Ang Appraiser ay hindi yan kasali sa Commission Sharing Structure ng Agency Agreement. Babayaran ang Appraiser sa serbisyo na ginawa niya, kapareho lang ng flier girls, property presenter, documenter.

THE RELEVANCE OF PTR

According to BIR, a licensed professional can only become LEGALLY PRACTICING the profession if he/she has a Professional Tax Receipt (PTR). The PTR is the proof that a professional broker or appraiser is PRACTICING the profession for the specific year. PTR is the ultimate basis to prove number of years in practice in relation to a person's applications to qualify for license exam for Broker, Appraiser, or Consultant.

PTR is required not only for PRC-licensed professionals, but also to those service providers who are not required to get PRC registration/license, including Salespersons, Property Presenters, Flier Girls, Documenters, etc. They don't need to be "recognized" by PRC. However, they can be part of the "expanded" non-professional members of the IPORESP.

12/06/2011

This agent don't need to register in PRC

QUESTION: Sir John, I am a retired teacher, an AVON saleslady, and a colorum agent. I refer potential buyers to a Broker, and the broker does the salestalk and I get my 1/3 share of the commission. In all these, I have no written agreement with the Broker. The Broker says there is a new law and he wants me to get a Salesperson Seminar and get a PRC Registration. He said I will pay for the expenses of the Seminar and Registration. I can't afford the expenses. What will I do?

ANSWER: You are not "selling" real estate. You are just a buyer headhunter and a referral agent, you don't do salestalks about the properties being sold by that Broker, you are not part of the negotiations, you are not a sub-agent, and technically you neither represent that Broker, so for you I would say no need for PRC Registration. If that Broker will force you to get a Salesperson Seminar, let him pay for it, it's his idea to formally employ you under his structure.

Opportunity for under board Architects

QUESTION: Sir John, I will soon be inheriting a small-size Development Company (with 3 Subdivision Projects) established by my dad. My girlfriend is a licensed Broker and she is the only broker in our company. She works in our office some 5 kilometers from project sites and impossible to directly supervise Salespersons on site. What will I do?

ANSWER: I suggest you EMPLOY three PROJECT PRESENTERS, one in each project site. Project Presenters are experts in explaining aspect about specific project. Project Presenters are not part of the commission structure, but they get paid salary whether the Company makes a sale or not.

Project Presenters are a specialized function of just presenting the project to anyone, whether a prospective buyer, an investor, agents who are seeking accreditation. Project Presenters are normally under-board civil engineers, architects, and interior designers.

Project Presenters are not SELLING, not SALESPERSONS, no need for license. Buyers are advised by the Project Presenter to go to your girlfriend's office to meet up with the salesperson and broker. This is the new trend now, especially that there are agents in the internet who need project-site support of Project Presenters.

Many developers are increasingly employing Project Presenters.There are expensive houses for sale wherein the owner is busy and he wants to be a For-Sale-By-Owner (FSBO). The FSBO hires Property Presenter and pays on a daily basis to man the open house.

A competitive Project Presenter must know how to professionally develop a video presentation of the project or property that can be uploaded in the internet.

In terms of customer satisfaction, a broker/salesperson who presents the project can never outmatch the Specialized Project Presenter because the latter is an "expert" of the project because he's been doing the presentation repeatedly hundreds to times. Besides, Project Presenters are usually good-looking people.

Magka-iba ang Sales Presentation sa Project/Property Presentation. Sales Presentation is Project Presentation PLUS trying to close a sale transaction, make the buyer sign-up to sale contract obligation or reservation. Project Presentation is just plain simple presentation.

Explaining the amortization options, explaining the terms and conditions of the Contract to Sell, and explaining Maceda Law to the buyer is part of the Sales Presentation, but not part of the Property Presentation.

12/02/2011

Moonlighting

VITAL QUESTION: Sir John, I am a old-timer Broker. I have a friend who works as employee in this huge Multi-National Corporation based in Makati. She is my contact in that company and I have made quite a number of sales by her referrals. She refers potential buyers, I make the salestalk and close the sale. Do I need to register her as Salespersons?

ANSWER: Salespersons, technically, OFFICIALLY works for Brokers. Your girlfiend is EMPLOYED in that MNC, she might run into "MOONLIGHTING" issues if she is discovered to be working for you, and she might lose her job in that MNC. You are the one who makes salestalk, so there is no need to register her as Salesperson. She is better as your Referral Agent, which does not need PRC registration.

You and your friend can join Realter Society. She can join as Referral Agent so she can use the Rltr title and feel part of the Real Estate Sector.

Commission sharing to the colorums

QUESTION: Are all Real Estate Agents who have no registration in PRC colorum and illegal? How about referral agents? What do you think about the Code that Brokers are not supposed to share commission to the unlicensed?

ANSWER: No. Of all the many types of real estate agents, in terms of title, only those who carry the professional title of "Broker" and "Salesperson" are required to get registered in PRC. The FSBOs (Dealers and Direct Sellers) and holders of non-remunerative Special Power of Attorneys (SPA) don't need PRC license.

The Referral Agents sell leads information only, they don't act as agent in sellling or buying real estate, so they don't need to get PRC License. The code is correct, the unlicensed must not be included in the commission recipients of the agency contract, but the code does not mean that Brokers cannot share their income to their support environment (such as referrals, drivers, documenters, linkages, government contacts, families, friends).

6/23/2011

Not All Colorum Agents are Illegal

QUESTION: Sir John, what is colorum? Are all colorum agents illegal?

ANSWER: Colorum means unregistered or unlicensed in PRC and they are generally illegal. There are some types of colorum agents that are NOT ILLEGAL such as the holder of Special Power of Attorney (SPA), persons who act in pursuance of court order such as those selling foreclosed properties, receivers/trustees/assignee in bankruptcy or insolvency proceedings.

A colorum who receive "commissions" are already covered by the penalties set forth for illegal real estate service practice stated in RA 9646. However, bank employees are entitled to receive salaries from the bank (but not from the owner of a foreclosed property). Receivers/assignees/trustees can receive property management fees, which the court normally specify in the bancruptcy resolution. SPAs cannot demand compensation, but there is no law that will prevent the owner from giving out-of-the-pocket gratuities to SPAs.

5/21/2011

Developers exploitation of agents

QUESTION: Sir John, bakit po hindi nire-require ng mga developers ang mga ahente nila na magpa-register sa DTI and HLURB noong araw atsaka ngayon?

ANSWER: dahil madali i-exploit ang mga ahente pag wala silang government protection. Wala din legal leverage ang colorum, pwede nilang denggoyin ang commission. Kumikita din sila ng malaki sa income taxes withheld na hindi na-reremit.

Grabe ang exploitation nila sa mga ahente. Pinapa-saturate buong araw ng fliers, allowance lang binibigay, walang sweldo, walang benefits. Tapos ang naka-tatak pa na pangalan sa likod ng flier eh ang ahente na walang registration/license, ehhh bawal ka ya yan under PD 975. Matagal na nilang violate yan, kasabwat na ng mga Developers ang mga Associations sa toleration ng anomaly na yan kaya hindi yan na correct.

Ngayon under RA 9646, binibigyan na ang lahat ng government protection, eto namang Developers at Association din ang nag-hahari-harian gumapang sa PRC, kaya patuloy na ma-eexploit yang mga ahente. Tingnan mo nga yang siningit nila na 120 hours trainingrequirement ng salesperson, grabe na pangwarta yan. Sino kayang ahente na gagastos para sa 120 hours training na yan; at kung developer naman ang gagastos eh mag sisimula na may utang ang ahente.

Kailangan ng reporma, kaya tayo nandito sa IPORESP. At lalaban tayo.

xxxxx

QUESTION: Sir John, ahente po ako ng developer, bakit po ang hirap bumenta?

ANSWER: Matagal ko pinag-aralan ang mga ahente sa isang Mall na tabi-tabi ang mga sales office ng developer. Hindi na-uubusan ng ahente, pero mabilis ang turn-over ng ahente. Ang ahente ay nawawala after a month or two walang benta at may bagong mukha na naman. Walang sweldo mga ahente, exploited, inuutusan lang mamigay ng flier buong araw, nangarap makabente pero zero.

Pero ang developer bumebenta. Normally kasi dumederetso ang buyer sa developer gamit ang internet. May mentality ang mga buyers na pag directa sila sa developer, makaka-discount sila ng mas malaki kasi walang ahente. Kawawa ang mga ahente sa kalakaran. Dapat magawa na natin ang reporma.

Pag nakakakita ako ng mga unregistered real estate agents na namimigay ng fliers, naaalala ko ang Cormorant Fishing, see youtube http://www.youtube.com/watch?v=QDDrz7E8-AA&NR=1

Ang cormorant fishing ay isang pamamaraan ng pangisda sa China na gumagamit ng isang specie ng duck na sumisisid sa tubig para manghuli ng isda.

xxxxx

QUESTION: Sir john, paano naman ang proteksyon ng isang salesperson pag mabagal magbigay ng commision ang kanyang broker o sa dami ng kanyang pending commission kay broker umabot sya sa decision na mag resign ,saan opisina o ahensya pwedi sya magreklamo at makukuha pa ba nya ang mga commission nya sa broker kahit sya magresign?

ANSWER: Alex, maganda yang tanong na yan. Napaka lalim ng usapin na yan at isa yan sa mga issues na pinagtakpan ng mga Associations ng mga Brokers.

Eto ang position ng mga Brokers -- merong lumang Code of Ethics ang mga licensed blokers na hindi pwede i-share ang commission to any agent who is a colorum. Article 2, Section 1. Paragraph E of the Code of Ethics says: "He should not offer or agree to pay, to split or rebate any commission, fee or valuable consideration, directly or indirectly with any person who is not duly licensed practitioner or to cooperate, assist or endorse any transaction or engagement of his services in violation of any existing law, rule or regulation."

Pero hindi makapag reklamo ang ahente kasi walang karapatan ang ahente eh dahil wala siyang registration. Pag mag-reklamo ka, the broker will invoke the Code of Ethics at lusot na siya agad.

Pwede po yan maging unfair labor practice na pwede ipa-resolve sa DOLE. Pero pag nireklamo mo yan at ikaw ay unregistered, ikaw pa ang ma-iipit for practicing without registration. Pag sinabi mo sa DOLE na hinayaan ka lang naman nila mag-operate as unlicensed, sasagutin ka ng mga Developers or Brokers na ikaw ang may responsibility na ipa-register ang sarili mo sa DTI and HLURB, and in this case ngayon sa PRC.

Merong mga halang na bituka na Brokers and Developers na malaki ang kinikita sa Cormorant Fishing na style na pag-exploit ng mga unregistered agents. Gagawin nila lahat na paraan para mahirapan ang mga ahente na makapag-register, katulad ng (1) not informing the agents about the PD957 rules and regulation of HLURB registration requirement, (2) puting an exorbitant price tag on the directory of brokers as a way to keep the information away from the public para hindi alam ng ahente kung saan mag-apply sa mga brokers, (3) etong recently insertion nila sa IRR ng RA 9646 na 120 hours ang required training ng salespersons na grabe sobrang pangwarta.

Sa entire career ko since 1998, limpak limpak na report ganyang issue non-payment of commission ang narinig ko involving Brokers and Developers. Sa sobrang dami ng report sa akin nyan, hindi ko na kayang masikmura. Kaya ako naging ganito, hell broke loose, ilalaban ko ang crusade ng karapatan ng mga Salespersons through strict and fair implementation of RA 9646. Meron akong mga programa para ma-protectionan ang mga ahente na nhindi na kailangan ng panibagong mga batas, kailangan lang i-implement ang mga existing laws and regulations.

Ako naniniwala, with all my heart, na kasama kayo mga salespersons and agents sa professionalization, hindi lang mga brokers. Naniniwala ako na mas kailangan ninyo ang implementation ng RA 9646 para ma-protectahan kayo. Napakarami ninyo, etong IPORESP automatic welcome kayo dito, may boses kayo dito.

Basahin mo ang Platform ko for AIPORESP sa http://petalcorin.blogspot.com/2010/10/my-platform-for-aipo-resp.html

Dito ko yan ipapasaok ang solution sa issues na yan. Pag ang Broker or Developer ay merong reklamo on unfair labor practices like non-payment of commission, pwede natin pa-apektohan ang Seal of Excellence ng company. With this program, malalaman ng mga agente kung saan sila magpa-accredit, siyempre pipiliin nila yung may IPORESP Seal of Excellence na Broker or Developer.

PROJECT #12 -- ADMINISTRATION OF SEAL OF EXCELLENCE. This is the institutionalization of a real estate service seal of excellence that will be administered by AIPO. This will function like an ISO Certification in the Philippine Real Estate sector. Realty companies and developers who pass the staff qualification review of AIPO will be given the right to bear the Seal of Excellence as part of their company image or profile. All brokers and salespersons of companies with this Seal of Excellence may have the Seal embroidered in their company polo-shirts and uniforms.

Pero kung kailangan ng ORDER para pabayarin ang Broker of Developer ng unpaid commission, ang DOLE ang gagawa nyang order na yan.


xxxxx

I dedicate this blog to my Facebook friends who celebrate their birthdays.

Blanka Satora, Caryle Anne Tadeo, Christine Macatangay, Devin Cameron, Devy Manlatican Remollo, Erlyn Hinojas Ramos, Fred Narvas, Jenie Salvacion, Lab Kita, Lax Olarita, Maria Amor Remollo, Mark Angelo Laresma, Mark Redillas, Marybelle Agravante-Linog, Txinnie Txaiie


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.
Thank you so much for visiting my site. May God Bless You!

12/07/2009

FREE Anti Colorum Advocacy Images





Hi! Fellow Licensed Brokers!
The link button to the full article about My Anti Colorum Advocacy is at the side bar.
You may grab the images below and post it in your websites or print it on your anti-colorum advocacy t-shirts. // JOHN PETALCORIN