What is the most important challenge of real estate agencies at the moment?
The biggest challenge that real estate offices are facing is an emerging system called self-writing program; People can log into this app and get a seemingly free tracking code. This new program has created challenges for real estate.
My colleagues and I are not against technology in any way and we will not be. By the way, the real estate industry is an educated industry and is completely up-to-date and welcomes and uses new technologies. Most real estate offices have internal automation, and since 2008, contracts have been written systematically and in an integrated manner, so we do not have a problem with the presence of technology.
But with the presence and entry of non-experts into contracts, we will definitely have problems and we cannot ignore and forget this.
What is the most important problem of this system?
One of the problems of the self-written system is the lack of qualification; Contracts in this system are performed in absentia, in such cases there is a discussion of digital signature in the whole world, but this issue is not considered in this system. This means that people can write a contract with a text message.
Does that mean there is a violation in the self-writing system?
For example, a delinquent child who has access to his father's mobile phone can enter the system by sending a text message and sign a contract. The father is living comfortably at home, but the child or any other person who has access to the property owner's mobile phone, rents the house through this system and only with a text message sent to the property owner's phone, an amount is transferred. The tenant is left in the street due to the rain and the owner of the property whose 2 billion house mortgage has not been paid and the house has to be handed over to the tenant and only one debt has been created for him. But in real estate offices, these problems and problems can be avoided by qualifying.
What are the problems with autograph system?
There are a total of 8 legal and inherent problems in this system, which are: Non-present authentication, elimination of the intermediary as a person knowledgeable about legal issues, entry of common people into the complex and specialized issue of concluding a contract, lack of a link to judicial inquiries, putting the responsibility of the transaction on the shoulders of the parties, not consulting with the relevant trade and legal experts, affecting the employment of the real estate sector. And finally, the competition between the government and the private sector.
Regarding the last point, I must say that this is against Article 44 of the Constitution; That is, the government competes with the private sector, which is represented by unions and individuals who themselves drive a great cycle of the economy.
What advantages do real estate offices have over autograph systems?
In order to be able to provide correct and professional advice, real estate consulting offices go through 3 important training stages: first is the legal training of the union itself, which was very important in obtaining a business license; The educational dimension given by the Chamber of Guilds and the specialized license dimension of the registry office, which prevents the occurrence of crime. Despite these trainings, is it a correct thing to entrust the contracts to the general public?
This is a challenge that is currently facing a trade union in Tehran with 700-11,800 units and 176,000 licensed members in the whole country and it has affected their livelihood.
Online transactions do not have legal support?
In Article 18 of the Law on the Growth of Housing Production, it was decided that the real estate system would be transferred from the Ministry of Roads and Urban Development to the Ministry of Roads and Urban Development. It was not supposed to launch a new system under this title, but unfortunately this happened. This law has been applied since 1400 without defense, without the presence of real estate consultants, guilds and chambers of guilds; Definitely, this law needs to be amended and its problems and problems should be resolved.
Is this law detrimental to real estate agents?
If we see 2 people weaving carpets in a remote village, it will definitely be announced in the media as job creation; We cannot ignore a large guild including stewards, consultants, secretaries, real estate agents and all the systems connected to real estate in relation to the issue of livelihood and employment; In the future, this issue will put a heavy burden on the government and the government regarding employment.
The housing sector has a forward relationship with 78 economic sectors and a backward relationship with 56 sectors, and it is called as a driving field, the adoption of laws that are anti-employment in the housing sector will bring many negative consequences for the macro economy of the country.
What actions has the real estate union taken to solve these problems?
In order not to create tension and convulsions in the society, we have had many correspondences with the crime prevention department and the prosecutor's office.
A system that has been tested and errored for years and based on which the contract was written, suddenly fails, and in an instant decision, that is, with a haste that has more of an advertising flavor, a new system is unveiled, which will definitely cause a lot of trouble for the judicial system. .
Is receiving a 24-hour tracking code a bonus in this system?
As the vice president of the Real Estate Consultants Union and a trade union member, I say that despite this system and how it works, the judicial system should open a 24-hour branch to deal with claims related to this issue. One of the issues that we consider in our real estate offices is the issue of foreclosure; Contracts written by real estate consultants are not just based on a text message, and to a large extent authentication, qualification and qualification are done in real estate offices.
Is the right of consultants removed in this type of transaction?
My discussion is not about removing this amount; This is part of the problem. When people sign contracts without legal registration and excluding real estate consultants, they can also avoid paying taxes; This is if a part of the annual budget is financed from the place of tax payment. With a tax rate of 33%, real estate consultants are among the professions that pay the highest amount of taxes, and their removal can affect the government's annual budget.
What should be done if the parties to the transaction with real estate consultants have problems?
When people write a contract together without any supervision from the union advisors, they will not be investigated by the union, but we currently have a complaint handling commission in the union that deals with problems between individuals and real estate advisors. There is also a legal department in the real estate union that the parties can refer to if they have problems with each other. To resolve such problems, there is a resident dispute resolution council office in the union.
How is the legal competence of real estate consultants offices verified?
Competent offices have business licenses; All business licenses have a barcode that people can scan to make sure that this office is an authorized office. In the next one or two months, the offices of real estate consultants will have an Intacode, which can be easily accessed by referring to the system to inquire about the legal authority of the place of business.
What are the benefits of receiving a tracking code?
After receiving the tracking code in the contracts, it will not be possible to rent or re-trade the property. Upon receipt of tracking code, the property will be locked in the zip code and name of the person who rents or buys, and until the deed is signed or the lease term expires, or in any case, the property is not negotiable.
Are the contracts in real estate offices the same everywhere?
The format of our printed contracts is exactly the same in tracking code; There may be differences only in the description section. In the part where there is an option to add, be sure to pay attention to what text is written in the explanations, and if you do not understand a word, be sure to ask the consultants for an explanation about it.
What important points must be included in the contract?
Be sure to put a deposit for the contracts; Liability is different from damages. I advise you to be careful, if we set a number for the damage, the expert must finally confirm that number, but when we place a deposit, it means that it is the agreement of the parties to the transaction and it must be paid. Pay attention to the words in the contract and do not sign without reading it.
What is the difference between unlicensed offices and licensed offices?
Licensed offices go through 3 training courses, which include real estate association specific training, training related to legal issues, contract writing training and negotiation principles and techniques.
Also, they pass a training course at the Chamber of Guilds in Tehran, and after that, they are given a specialized license by the Crime Prevention and Registration Department.
People who have passed the process of obtaining a business license are to a large extent experts in writing affidavits and leases and matters related to property transactions.
Is it the responsibility of real estate consultants to write the contract?
As real estate agents, we take responsibility for what we do, and this is one of our duties. Inaccuracy in writing a contract for a real estate agent is considered a professional offense that may lead to the seal of the office.
Arbitration always costs money; But many times, the real estate offices of the arbitrators are introduced, which does not cost the parties of the transaction; Each of our real estate consultants is an associate of the judiciary. For example, many times there is a problem between the landlord and the tenant about the eviction time; For example, the current tenant has not yet found his desired new house; This is a mediator of a real estate agent who, with the participation of his own neighboring properties and without receiving a fee, finds and introduces the desired housing to the current tenant.
What are the duties and obligations of the real estate association towards real estate consultants?
In the real estate union and the board of directors, we have a series of commissions; Such as technical commission, complaint handling commission, dispute resolution commission and inspection commission. In each of these commissions, there is a supervisory board and a chairman who is one of the members of the guild. Based on the decisions of the inspection commission, on April 5, 1402, I announced by publishing a video that every real estate agent, an inspector, in order for all our real estate agents to report unauthorized offices to the union offices.
After that, our inspectors went to the whole city systematically and issued Article 24 warnings for 2,500 unlicensed real estate consulting offices; It means a warning that leads to the sealing of the office. Many of these had the ability to obtain a license; That is, they had the possibility. They had problems such as the document being commercial or administrative, not completing courses and not having the level of education, which is currently at least a diploma. Many of these people received a license by going through legal procedures and the rest were sealed by the premises department.
If someone wants to set up a real estate consulting office, what steps should he take?
Currently, there is a system called the “National Permits Portal” system that they should refer to; Those who intend to enter the profession of real estate consulting, their office document must be an administrative or commercial document because the license is given to the place of business and cannot be transferred in any way. If you have a rental office, all owners must be aware of the intention of opening a real estate consulting office, and this issue must be written in the lease. They must first enter the system of the National Permits Portal and submit their national ID card, birth certificate, end of service card for men, educational certificate and lease or Upload your ownership documents. In the next step, a specialized license must be obtained. To get this license, you need at least a diploma and 2 guarantors, who must have a business license or a certificate of employment.
All licensed real estate offices undertake to have a legal advisor present in their office who will sign off on all tracking code contracts. These legal advisors must declare to the union that they take responsibility for all the contracts of this real estate office with the signature certificate in the office. After they have seen the trainings of the trade union and the specialized license, they can easily get a license from the union in 20 days to one month if there is no problem with their documents.
Source: First Bank
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