EN 15733-2009 en Services of real estate agents - Requirements for the provision of services of real estate agents《房地产经纪人服务 房地产经纪人服务的提供要求》.pdf

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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 agentsThis British Standard was published under the authority of the Standards Policy and Strategy

2、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 15733:2009.This document represents a first European consensus in specifying requirements and reco

3、mmendations 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 benchmark for the provision of services for real estate agents in Europe. It is expected that it will

4、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 services.A list of organizations represented on this committee can be obtained on request to its sec

5、retary.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 immunity from legal obligations.BS EN 15733:2009EUROPEAN STANDARD NORME EUROPENNE EUROPISCHE NORM EN 1573

6、3 December 2009 ICS 03.080.30 English Version Services of real estate agents - Requirements for the provision of services of real estate agents Services des agents immobiliers - Exigences relatives la prestation de services des agents immobiliers Dienstleistungen von Immobilienmaklern - Anforderunge

7、n an die Dienstleistungen von Immobilienmaklern This European Standard was approved by CEN on 20 May 2009. 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 alterati

8、on. Up-to-date lists and bibliographical references concerning such national standards may be obtained 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 transla

9、tion under the responsibility of a CEN member into its own language and notified to the CEN Management 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,

10、 Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom. EUROPEAN COMMITTEE FOR STANDARDIZATION COMIT EUROPEN DE NORMALISATION EUROPISCHES KOMITEE FR NO

11、RMUNG Management Centre: Avenue Marnix 17, B-1000 Brussels 2009 CEN All rights of exploitation in any form and by any means reserved worldwide for CEN national Members. Ref. No. EN 15733:2009: EBS EN 15733:2009EN 15733:2009 (E) 2 Contents Page Foreword 31 Scope 42 Terms and definitions .43 Client re

12、lationship 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

13、and Slovenia. 14B.1 General . 14B.2 A-deviations Sweden . 14B.3 A-deviations Slovenia . 17BS EN 15733:2009EN 15733:2009 (E) 3 Foreword This document (EN 15733:2009) has been prepared by Technical Committee CEN/TC 373 “Project Committee - Services of Real Estate Agents”, the secretariat of which is h

14、eld 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 standards shall be withdrawn at the latest by June 2010. This document represents a first European c

15、onsensus 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 in Europe, this document aims to set general requirements only, and should therefore be taken a

16、s 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 of the elements of this document may be the subject of patent rights. CEN and/or CENELEC shall no

17、t 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 implement this European Standard: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia,

18、 Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom. BS EN 15733:2009EN 15733:2009 (E) 4 1 Scope This European Standard specifi

19、es requirements for the services of real estate agents. This European Standard applies to business-to-business 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 estat

20、e agents need to comply with all applicable relevant European and national legislation. European and national 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 p

21、rovided by electronic means and the internet. 2 Terms and definitions For the purposes of this European Standard, 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

22、property assets on behalf of a client or as an intermediary NOTE This may include the following activities 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 conce

23、rning rental, letting, leasing, e) establishment, acquisition and registration of rights in real estate, 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 be

24、tween the seller and the buyer. 2.2 client party who has entered into an agreement with a real estate agent 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 BS EN 15733:2009EN 15733:2009 (E) 5 3 Client relations

25、hip management 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 re

26、levant 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 ag

27、ent shall 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 en

28、deavour 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) d

29、etails 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,

30、 f) structural 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

31、 estate 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 transact

32、ion, e.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, BS EN 15733:2009EN 15733:2009 (E) 6 e) applicable local regulations, f) any documentation requir

33、ed 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 contain at least the following information: a) name and address of the parties to the agreemen

34、t, 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 is an exclusive agreement or not and the terms and conditions of such an exclusive agreement,

35、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) to specify whether the real estate agent acts solely for the client or as an intermediary,

36、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 minimise disputes real estate agents are recommended to enter into exclusive agency agreements.

37、 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 be liable to pay a dual fee if the client has instructed another real estate agent to sell the

38、 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 information is not released, unless it is legally required or its release is essential to the tr

39、ansaction. 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. BS EN 15733:2009EN 15733:2009 (E) 7 The real estate agent who acts as the agent of the buyer

40、shall inform the seller or the sellers agent of this fact, on their first contact. The real estate agent who 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

41、 rejection of the offer without undue delay. Real estate agents shall maintain proper records of all offers 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 est

42、ate agent shall avoid conflicts of interest and disclose in writing without an undue delay any personal interest. 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 per

43、sonal relationship. 4 Information to be provided to the buyer In case where the agents sole client is the seller, 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 propert

44、y, measurements, location and access, environmental and health aspects known to the agent), b) asking price 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 a

45、ny easements and encumbrances on the property and any title limitations on its use, d) cadastre or certified 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

46、that the real estate agent is entitled to receive payments in respect of the transaction on behalf of the party 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 evi

47、dence 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 e

48、state agent shall encourage and facilitate inspection of the property by the buyer prior to the transaction. BS EN 15733:2009EN 15733:2009 (E) 8 The real estate agent shall forward to the seller relevant information known to the real estate agent about the financial ability of the buyer to complete

49、the transaction. The real estate agent shall strive to enable the buyer and seller to reach agreement with respect to issues which must be resolved in conjunction with the transaction. The real estate agent shall assist in preparing the documents required for the transaction. 5.2 Duties as keyholder With regard to their role as keyholder the real estate agent shall exercise due care concerning the security of a property entrusted to him to sell or to rent. Viewing arrangements (e.g. how and when viewings may take