BS EN 15733-2009 Services of real estate agents - Requirements for the provision of services of real estate agents《房地产经纪人服务 房地产经纪人服务条款要求》.pdf

1、BS EN 15733:2009ICS 03.080.30NO COPYING WITHOUT BSI PERMISSION EXCEPT AS PERMITTED BY COPYRIGHT LAWBRITISH STANDARDServices of realestate agents Requirements for theprovision of services ofreal estate agentsLicensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (

2、c) BSIThis British Standard was published under the authority of the Standards Policy and Strategy Committee on 30 April 2010 BSI 2010ISBN 978 0 580 60186 6Amendments/corrigenda issued since publicationDate CommentsBS EN 15733:2009National forewordThis British Standard is the UK implementation of EN

3、 15733:2009.This document represents a first European consensus in specifying requirements and recommendations for the provision of services of real estate agents. Due to the number of different approaches to legislation by each European country, this document aims to establish a minimum quality ben

4、chmark for the provision of services for real estate agents in Europe. It is expected that it will be mainly used for cross border transactions.Existing UK legislation is referred to in Annex A.The UK participation in its preparation was entrusted to Technical Committee SVS/7/1, Real estate agency s

5、ervices.A list of organizations represented on this committee can be obtained on request to its secretary.This publication does not purport to include all the necessary provisions of a contract. Users are responsible for its correct application.Compliance with a British Standard cannot confer immuni

6、ty from legal obligations.Licensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS EN 15733:2009EUROPEAN STANDARD NORME EUROPENNE EUROPISCHE NORM EN 15733 December 2009 ICS 03.080.30 English Version Services of real estate agents - Requirements for the pr

7、ovision of services of real estate agents Services des agents immobiliers - Exigences relatives la prestation de services des agents immobiliers Dienstleistungen von Immobilienmaklern - Anforderungen an die Dienstleistungen von Immobilienmaklern This European Standard was approved by CEN on 20 May 2

8、009. CEN members are bound to comply with the CEN/CENELEC Internal Regulations which stipulate the conditions for giving this European Standard the status of a national standard without any alteration. Up-to-date lists and bibliographical references concerning such national standards may be obtained

9、 on application to the CEN Management Centre or to any CEN member. This European Standard exists in three official versions (English, French, German). A version in any other language made by translation under the responsibility of a CEN member into its own language and notified to the CEN Management

10、 Centre has the same status as the official versions. CEN members are the national standards bodies of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands,

11、 Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom. EUROPEAN COMMITTEE FOR STANDARDIZATION COMIT EUROPEN DE NORMALISATION EUROPISCHES KOMITEE FR NORMUNG Management Centre: Avenue Marnix 17, B-1000 Brussels 2009 CEN All rights of exploitation in any

12、form and by any means reserved worldwide for CEN national Members. Ref. No. EN 15733:2009: ELicensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS EN 15733:2009EN 15733:2009 (E) 2 Contents Page Foreword 31 Scope 42 Terms and definitions .43 Client relat

13、ionship management 54 Information to be provided to the buyer .75 Service delivery76 Qualifications and competencies of real estate agents.87 Insurance . 118 Complaints handling 129 Code of ethics . 12Annex A (informative) National legislation existing 13Annex B (informative) A-deviations Sweden and

14、 Slovenia. 14B.1 General . 14B.2 A-deviations Sweden . 14B.3 A-deviations Slovenia . 17Licensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS EN 15733:2009EN 15733:2009 (E) 3 Foreword This document (EN 15733:2009) has been prepared by Technical Committe

15、e CEN/TC 373 “Project Committee - Services of Real Estate Agents”, the secretariat of which is held by ASI. This European Standard shall be given the status of a national standard, either by publication of an identical text or by endorsement, at the latest by June 2010, and conflicting national stan

16、dards shall be withdrawn at the latest by June 2010. This document represents a first European consensus in specifying requirements for the services of real estate agents. Due to the number of different approaches presently taken at national level to the degree of supervision of real estate services

17、 in Europe, this document aims to set general requirements only, and should therefore be taken as the basis upon which higher professional service provision and professional competence requirements may be defined in the field of real estate services. Attention is drawn to the possibility that some o

18、f the elements of this document may be the subject of patent rights. CEN and/or CENELEC shall not be held responsible for identifying any or all such patent rights. According to the CEN/CENELEC Internal Regulations, the national standards organizations of the following countries are bound to impleme

19、nt this European Standard: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland an

20、d the United Kingdom. Licensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS EN 15733:2009EN 15733:2009 (E) 4 1 Scope This European Standard specifies requirements for the services of real estate agents. This European Standard applies to business-to-bus

21、iness and business-to-consumer services. It is to be noted however that legal provisions for real estate agents exist in many countries and they are to be taken into consideration. The real estate agents need to comply with all applicable relevant European and national legislation. European and nati

22、onal legislations supersede this European Standard in case of conflicting requirements. The requirements of the European Standard are applicable to the provision of all services including those provided by electronic means and the internet. 2 Terms and definitions For the purposes of this European S

23、tandard, the following terms and definitions apply. 2.1 real estate agent entity (professional individual, partnership or company) that is acting as an agent in real estate transactions and real property assets on behalf of a client or as an intermediary NOTE This may include the following activitie

24、s for instance: a) consulting (e.g. information to clients on market values of properties), b) marketing and advertising of properties, c) services concerning purchase and sale, d) services concerning rental, letting, leasing, e) establishment, acquisition and registration of rights in real estate,

25、f) surveying for housing and other type of buildings and land, g) drawing up contracts, h) arranging inspections and viewings of properties, i) establishing contacts and enabling communication between the seller and the buyer. 2.2 client party who has entered into an agreement with a real estate age

26、nt in order to use its services 2.3 seller party who offers to sell, or let a property 2.4 buyer party who seeks to buy, or lease a property Licensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS EN 15733:2009EN 15733:2009 (E) 5 3 Client relationship ma

27、nagement 3.1 Information to be provided 3.1.1 General Information provided by a real estate agent to any party defined in accordance with clauses 2.2, 2.3 and 2.4, whether verbally or in writing, and whether by electronic means or not, shall be presented in clear and unambiguous wording. If relevant

28、 information for the transaction is not available, the real estate agent shall disclose this fact. Parties shall be informed that they have a right to access their own personal data held by the real estate agent and that they may ask that this will be corrected if necessary. The real estate agent sh

29、all endeavour to keep the parties informed of the progress of the transaction. Any requests for information shall be dealt with expeditiously. 3.1.2 Information to the buyer as client The real estate agent shall instruct the buyer of his/her responsibilities and rights as a buyer, and shall endeavou

30、r to provide the buyer in a timely fashion with relevant information which may influence any decision concerning the transaction, e.g.: a) advice about market prices for the type of property sought, b) description of the property (e.g. type of property, measurements, location and access), c) details

31、 of likely expenses such as prices, taxes, fees, d) information (e.g. certificate of registration of title) indicating the sellers right of ownership or possession including any easements and encumbrances on the property and any title limitations on its use, e) cadastre or certified title map, f) st

32、ructural characteristics and description of the utilities, g) a document showing that the real estate agent is entitled to receive payments in respect of the transaction on behalf of the party entitled to it, h) planning and development zone status, i) defects disclosed to or known by the real estat

33、e agent 3.1.3 Information to the seller as client The real estate agent shall instruct the seller of his/her responsibilities and rights as a seller, and shall endeavour to provide the seller in a timely fashion with relevant information which may influence any decision concerning the transaction, e

34、.g. a) advice about market prices for the property to be sold, b) details of likely expenses such as marketing and related costs, taxes, fees, c) marketing strategies, d) added value possibilities, Licensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS

35、EN 15733:2009EN 15733:2009 (E) 6 e) applicable local regulations, f) any documentation required for the transaction. 3.2 Client-agent agreement The real estate agent and the client shall sign a written agreement regarding the services for which the real estate agent is engaged. The agreement shall c

36、ontain at least the following information: a) name and address of the parties to the agreement, b) registration number of the real estate agent, c) nature of the assignment to be completed, d) fees and expenses payable, e) business terms including the terms of the payment, f) whether the agreement i

37、s an exclusive agreement or not and the terms and conditions of such an exclusive agreement, g) whether subcontracting is permitted or not, h) date of signing of the agreement, its period of validity and terms and condition of termination, i) description of the property, j) limitations to service, k

38、) to specify whether the real estate agent acts solely for the client or as an intermediary, l) a reference to applicable law, m) a statement on the competent jurisdiction, n) information about insurances as required in this standard, o) any deviation from this European Standard. NOTE In order to mi

39、nimise disputes real estate agents are recommended to enter into exclusive agency agreements. The real estate agent shall not put any property of potential clients on the market before a client-agent agreement has been signed. The real estate agent shall inform the client of the fact that they may b

40、e liable to pay a dual fee if the client has instructed another real estate agent to sell the same property. 3.3 Transaction related information The real estate agent shall inform his client of the responsibilities of the parties to the transaction. The real estate agent shall ensure that client inf

41、ormation is not released, unless it is legally required or its release is essential to the transaction. The real estate agent shall inform in writing the seller and buyer in case he has a client-agent agreement with both parties and it appears that they both will be parties to the same transaction.

42、Licensed Copy: Wang Bin, ISO/EXCHANGE CHINA STANDARDS, 20/07/2010 08:18, Uncontrolled Copy, (c) BSIBS EN 15733:2009EN 15733:2009 (E) 7 The real estate agent who acts as the agent of the buyer shall inform the seller or the sellers agent of this fact, on their first contact. The real estate agent who

43、 acts as the agent for the seller shall communicate to the seller without undue delay details of all offers received for their properties. The offering party shall be notified of acceptance or rejection of the offer without undue delay. Real estate agents shall maintain proper records of all offers

44、received for properties and responses thereto. The real estate agent shall inform the contracting parties that their identification will be authenticated. 3.4 Conflict of interest The real estate agent shall avoid conflicts of interest and disclose in writing without an undue delay any personal inte

45、rest. In particular, the real estate agent shall make clear when the proposed buyer/seller is either the agent himself or a person or legal entity with which he has an economic interest or personal relationship. 4 Information to be provided to the buyer In case where the agents sole client is the se

46、ller, the real estate agent shall endeavour to ensure that the buyer is provided with relevant information concerning the transaction e.g.: a) description of the property (e.g. type of property, measurements, location and access, environmental and health aspects known to the agent), b) asking price

47、of the property, related acquisition taxes and acquisition costs, c) information (e.g. certificate of registration of title) indicating the sellers right of ownership or possession including any easements and encumbrances on the property and any title limitations on its use, d) cadastre or certified

48、 title map, floor plans and/or partition deed, sufficient to identify the property being sold, e) description of the utilities and outline of structural characteristics, f) a document showing that the real estate agent is entitled to receive payments in respect of the transaction on behalf of the pa

49、rty entitled to it, g) planning and development zone status, h) year of construction if known. 5 Service delivery 5.1 Transactions The real estate agent shall request the seller to provide evidence of legitimate ownership and/or of the zoning and cadastral situation, and of any restrictions or negative registrations. Except for new properties being sold prior to construction, all properties offered on the market shall be viewed on site by or on behalf of the real estate agent. The real estate agent shall encourage