Kharkov Realtors Club

1. Terms and definitions used in this Regulation:

 

1.1. MLS (the concept is regulated by the HCC Code) is a system of collecting, exchanging and exhibiting information about real estate objects that are present on the market on the basis of exclusive contracts concluded, organized by a group of realtors who have signed the rules of its operation. MLS should aim to make the sale of real estate fast and efficient, and the conditions of sale transparent and clear for all its participants.

1.2. MDC Member - a member of the HCC who has adopted these Rules, the HCC Code and has registered with the MDC

1.3. MLS Participant - any user who has registered with MLS but is not a member of HCC

1.4. MLS Administrator is an official appointed by the Chairman of the CRC, for whom the CRC Council voted by a majority of votes, having access to the Administrator's workplace and guided by these Rules.

 

2. Rules of cooperation in the MDC of HCC

 

2.1. The participant of the MLS is the subject of the real estate activity, which agreed upon registration with these Rules.

2.2. MLS Realtors are obliged to interact with each other, in compliance with the HCC Code and these Rules.

2.3. A MLS participant does not have the right to offer a real estate service to the owner of the object, if the owner has a written exclusive agreement with the other MLS participant on the object. Signing an exclusive contract with the owner who is in a contractual relationship with the other realtor is considered inadmissible.

2.4. The recommended proposal for division of the commission for the counterparty partner in the sale of the real estate object is 50% of the size of the commission, and it can not be less than 1.5% of the object value.

2.5. The Owner Realtor is obliged to provide, as far as possible, timely inspection and preparation of the package of documents for the object being sold, necessary for the notary registration of the transfer of ownership. In case of unforeseen difficulties in preparation for a joint transaction, immediately notify the Buyer's realtor.

2.6. The realtor of the owner undertakes to provide timely access to the object to the buyer's realtor as soon as possible, but within no more than 2 working days after the corresponding appeal, except when the description of the object specifies the schedule of impressions.

2.7. Preferably the absence of the Owner at the facility when displayed to colleagues and potential buyers. It is considered unethical to show the direct buyer at the time that the show was refused to another realtor with the buyer. On this issue, the real estate agency whose rights have been violated has the right to apply to the HCC Dispute Committee.

2.8. Buyer's realtor is obliged to:

• Promptly, truthfully and without distortion to transmit to the Buyer the information on the technical characteristics of the object and the conditions of the future transaction received from the realtor of the Seller. In case of failure to comply with clause 7 of these Rules, the Owner Realtor has the right to initiate a revision of the financial terms of cooperation.

• By agreeing to receive monetary compensation from the Realtor of the Owner, to warn his Client (Buyer) that in this transaction he still fully participates in the auction and thus defends the interests of his Client on the value and other terms of the transaction, as well as is bound by the Code of KCR and obliged to inform about any known disadvantages and burdens of the property.

2.9. Before the first showing of the object, a Realtor claiming payment for services from another realtor must notify him of his status and agree on the terms of payment for his services. Without this condition, the transaction may not be considered a partnership, and the partner may only be remunerated for contact with a potential buyer (may be 10% of the full value of the real estate services or other amount at the discretion of the Realtor representing the interests of the paying party).

2.10. Changes to the promised remuneration and other transaction costs after the purchase / sale offer (offer) made in writing are not allowed.

2.11. It is recommended to record the progress of negotiations on key terms of cooperation and future transaction through sms, emails and messages.

2.12. Realtors in the event of a conflict between them and the inability to resolve it by negotiation undertake to refer the dispute to the Committee on Disputes of the HCC.

3. Rules for the location of objects in the MDC HCC

 

3.1. The MLS members place their exclusive objects (which are in accordance with the requirements of the HCC Code) on VHN.ua within four calendar days after the conclusion of the contract. The head of the Academy of Sciences or the realtor is responsible for the accuracy of information about the objects, if he works independently.

3.2. If the information about the same object is received from several agents, it must be verified by the MLS Administrator on sent scans of the exclusive contract to each of the agents within no more than 3 calendar days. If:

3.3. An agent or several agents or AN cannot confirm their exclusive right to sell the object, they must be subject to the penalties established by these Rules or the HCC Code, and the MLS remains the object published by that agent or AN that has confirmed its exclusive right through providing scan copies of the contract.

3.4. More than one agent or AN confirmed their right of exclusive sale of the object, in MLS there remains an object whose exclusive right to sell which arose at an earlier date, and the rest of the duplicates are removed from MLS. However, penalties do not apply, except in cases where in the actions of an agent or AN that has concluded an exclusive contract with a later date, a malicious intent (court or the Dispute Committee) will be proved. In parallel,

3.5. The MLS administrator is obliged to blacklist the name of the client who has concluded the contract with several ANs, and the AN, whose exclusive right has been recognized, is obliged to inform his client that the members of the MLS have become aware of the violation of the terms of the exclusive agreement by the client regarding the inadmissibility of the order. sale of the object to several entities of real estate activity at the same time.

3.6. In the case of the preliminary contract (or similar in meaning) to the object located in the MLS, the MLS participant is obliged to establish the status of "deposit" for the given real estate object no later than 24:00 on the same day.

3.7. In case of alienation of the real estate object, the MLS participant shall remove the object from the MLS not later than 24:00 on that day, indicating the real value of the transaction, including the commission fee. The size of the commission is not specified separately.

3.8. In the event of the termination of the exclusive contract, regardless of the reasons, it shall be removed from the MLS (transferred to the archive) no later than 24:00 on the same day.

It is not allowed to have objects in MLS with an exclusive contract that has expired, out of date or postponed sale. For this, the MLS Administrator may be fined under these Rules or the HCC Code.

3.9. Compliance with the placement rules is monitored by the MLS administrator.

 

4. MDC Administrator:

 

4.1. He shall respect the confidentiality of the information which he has become aware of in connection with the performance of his official duties.

4.2. Responds to the complaints of members of the MLS, forwards them to the relevant competent persons:

4.4. Inaccuracies in the technical nature of the posted real estate agents - agents who have placed them in MLS

4.4. On issues of violation of these Rules, as well as on other issues which are in 6.5. competencies of the head - to the corresponding head of the real estate agency

4.5. Issues that are not within the competence of any of the above (Clauses 8.2.1 and 8.2.2)

4.6. Deletes an account, changes its status (such as blocking) or account data, if it complies with these rules and the XCR Code.

4.7. Initiates the decision of the HCC Disputes Committee to exclude from the MDC both its individual members and subjects of the MDC members (AN) in case of revealing the systematic and / or intentional nature of violations of these Rules.

 

5. Registration in MLS:

 

5.1.Any participant registering in the MLS is obliged to provide the following data:

• When a new participant Registration on obyazan sohlasytsya with by this Regulation and Code HKR

• When a new participant completes the registration form, the MLS Administrator will check this information within 24 hours and connect the new participant or refuse to connect by sending a message indicating the reasons for the refusal and the ways of their elimination.

• Name and Surname

• All contact phones used by them in advertising and e-mail and by pointing the phone to the messenger

• Name of AN or FOP with indication of RNUCN