Kharkov Realtors Club

1. General

 

1.1. These rules are binding on all HCC members.

1.2. Real estate agency (AN) is a real estate entity registered as a legal or natural person-entrepreneur (FLP), with the receipt of relevant real estate codes, using:

- the name specified in the state registration documents as the name of the legal entity or the mark for goods and services, or specified in the state documents for the right to use the mark for goods and services;

- a separate premises in a non-residential fund on the basis of ownership or under a lease agreement, equipped with a sign stating the organizational and legal form of the subject of real estate activity;

- seal of the entity.

1.3. Disputes on the implementation of these rules are settled between the parties to the dispute, and in the case of impossibility - submitted to the Committee on Disputes.

1.4. The contractual relationship between the AS and the client must be in writing. Oral contractual relations are not taken into account.

1.5. ANs can cooperate both under an exclusive contract and under the usual options if one of the parties does not have information about such an object and all subsequent displays of the object must be made through the agent who showed the real estate object.

1.6. Any clause of these rules may be implemented differently if an agreement is reached between the AN.

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2. Ethical standards of behavior in the real estate market

 

2.1. The realtor carries out his professional activity on the basis of honesty, honesty, and respect in relations with the client and persons with whom the realtor has a professional relationship, as well as in relation to society and the state.

2.2. The realtor avoids the concealment of existing facts and obligations, exaggeration, inaccuracy, incompleteness in informing the client and persons with whom the realtor has a professional relationship.

2.3. The realtor does not participate directly or indirectly in falsification of information, fraud, fraud, abuse of trust of clients.

2.4. The realtor operates on the basis of the principle of cooperation with other realtors. The principle of cooperation between realtors includes:

• providing reliable information about real estate objects;

• exchange of information about real estate objects, which causes doubts in terms of compliance with the law, as well as work with which it is undesirable for other reasons (indicating such reasons);

• exchange of information on incorrect behavior on the real estate market of realtors, clients and other persons-participants of the real estate market;

• exchange of experience between realtors.

2.5. Employees of real estate agencies cannot defame in any way the name of another agency of a member of the HCC.

2.6. In the event of an agent finding a violation of these rules, he is obliged to report this guidance in writing.

2.7. Any controversial issues that could not be resolved by agents, experts, are resolved by the heads of agencies among themselves.

2.8. In the event that the heads of the AN did not come to a consensus during the resolution of the disputed issue, the matter may be submitted to the Dispute Committee or adjudicated.

2.9. The General Meeting of the KCR has the right to act on the actions of a separate real estate agency to make a private definition and to communicate it to the public.

2.10. It is considered inadmissible to present yourself not to the person who is actually an AN worker.

2.11. Direct methods of enticing agents from one real estate agency to another are considered inadmissible.

2.12. Employees of any AN have the right to choose AN for work. When going to work in a newly created or already existing Academy of Sciences, experts and agents are prohibited from enticing the employees of the Academy of Sciences, whose staff they leave, and the leadership of the Academy of Sciences, to which employees are transferred in this way, are prohibited from hiring them. Upon discovering the fact of the enticement, the person accused of it is publicly reprimanded.

2.13. Transition of any AN employee from one AN to another AN is possible only by prior agreement between two heads.

2.14. If an employee of the Academy of Sciences was found guilty of dishonest work or damage to the property of the Academy of Sciences and was fired, then the Academy of Sciences is obliged to disseminate information about such violation, as well as the reasons and circumstances of the employee's dismissal. The details of this breach should be added to a specially designated closed Viber group - Blacklist Agents.

2.15. All negotiations regarding the payment for the services of the Academy of Sciences should take place before the discussion and signing of the deposit transfer contract (or a contract similar to it) meaningfully and without the presence of clients.

 

3. Joint transaction

 

3.1. A joint transaction is a transaction in which the parties are represented by different ANs, starting with a joint showing, signing a cooperation agreement and ending with the joint transaction.

3.1.1. Agents representing the Seller and Buyer side are obliged to exchange interagency agreements in the form set out in the HCR and signed by the parties or in electronic form in accordance with the procedure described in section 5.

3.2. The AN representing the seller in the joint transaction provides preparation of documents, facilitates payment of utility bills, removal from registration and release of the property being sold.

3.3. The AN providing the party that pays for the services in the joint transaction ensures that the contract is rendered for the services rendered.

3.4. If the seller is fully paid for by the seller, then the buyer will not be charged. In the case of a joint transaction, the amount paid by the seller is subject to division.

3.5. If the client has not paid for the services of AN, then such AN is obliged to go to court alone or with a joint claim together with the AN-partner on the transaction. If the AN, whose services are not paid, has not filed a lawsuit to receive payment from the client, then it is obliged to pay for the services of the AN-partner in the transaction.

3.6. At joint display of the real estate object, the AN representing the client-seller can conclude a contract with the client-buyer for their part of the fee (without specifying the client's details). In case the client has not paid for the services of AN, then each of the parties goes to court independently.

3.7. The fee of each (!) Of the AN involved in the joint transaction must be announced before the display of the real estate object and recorded in the cooperation agreement. The distribution of the fee for the joint transaction is made by agreement of the parties. If no agreement is reached between the parties, the total amount of the fee is distributed equally.

3.8. Unless otherwise agreed by the share of the AN-partners in the joint transaction, the division of the total amount of the service fee shall be carried out on the 50x50 principle (except in cases where one of the parties does not meet the clause 1.2 of these Rules) and provided that the amount of the commission does not lower than generally accepted in the market of AN services.

The cooperation between the agencies takes place on 50/50 terms, the buyer side and the seller side, unless otherwise discussed in advance and not specified in the cooperation agreement.

If the services are paid for by two parties, ie. both the property owner and the buyer, the commission of each of the parties to the joint transaction is 50% of the total amount.

3.9. The location of the deposit is determined by the seller's side.

3.10. The place of the transaction (notary) is determined by the party paying for his services (traditionally, usually the buyer's side).

3.11 The expert or director of the AN representing the party paying the services shall be responsible for paying the commission for the joint transaction. In the absence of a party providing the counterparty (owner or buyer of the transaction) on the transaction of the expert or director of the Academy of Sciences, the expert or director of the Academy of Sciences representing the party paying the services shall not be entitled to transfer (transfer) the due portion of the commission to anyone without confirmation of the party's expert or director. who provided the counterparty.

3.12. Within one day after the deposit is made, the head of the Academy of Sciences, in whose office the transfer of the deposit was made, is obliged to call the head of the partner of the AN to confirm the authority of the persons who participated in its holding.

 

4. Collaboration on contracts for the exclusive right to sell a real estate object

 

4.1. Exclusive contract - a written agreement providing for the transfer by the Client (the Customer under the contract) of exclusive rights to the Real Estate Agency (in the definition of clause 1.2. Of these Rules) to represent the interests of this Client in the real estate market, concluded for the best realization of its needs and in accordance with legislation of Ukraine.

4.2. The signed exclusive contract must either conform to the standard contract accepted in the KCR or contain the following mandatory conditions:

4.2.1. Have an expiration date of no more than 1 year from the date of incarceration without default extension.

4.2.2. Have a completed point for payment for the Contractor's services (other than zero or dash).

4.2.3. Have the obligation of the Customer not to act independently, nor to entrust to other persons the actions that are the subject of the contract with the Contractor (displays, negotiations, advertising).

4.2.4. Indicate the starting value of the real estate object at which it will be offered to potential buyers (tenants) and the terms of its change.

4.2.5. Contain the duties of the Customer, at the request of the Contractor, to address verbally or in writing to third parties who have advertised a real estate object belonging to the Customer without the permission of the Contractor.

4.3. In case the Customer, who has concluded an exclusive contract with one AN, has shown his real estate object to the clients of another AN without agreement with the Contractor under the contract (or the agent to whom the Contractor is entrusted with the implementation of the contract), and these Clients agree to buy (rent it) on the terms of sale (lease) of the real estate, the commission for the transaction is divided in the ratio of 50% to 50%.

4.4. It is forbidden to set up sellers of real estate objects who have concluded an exclusive contract, to terminate the contract and to take away the documents.

4.5. The AN that has concluded the exclusive contract has the priority right to continue servicing the seller of the real estate object as the buyer of another object.

4.6. The agent who brought the buyer to the object has no right to offer the seller of the object any services without the permission of the agent who has concluded the exclusive contract.

4.7. The sole proprietor has the right to refuse joint display and joint transaction if the amount of commissions offered by the other party is less than half of the conventional cost of the services of the AN, but not less than the agreed minimum amount.

4.8. ANs can cooperate both on objects for which an exclusive contract is concluded, and on ordinary objects (without an exclusive contract) if one of them lacks information about this object.

4.9. Exchange of exclusive offers of real estate objects between the Academy of Sciences is carried out through the Multilingual system (website vhn.ua)

4.10. The rules of interagency relations for a member of the HCC shall come into force from the moment of signing this Code or separately of these rules (until the signing of this Code as a whole.

4.11. In the event that one buyer was represented by different ANs on the display of the same object, then the AN representing the owner's side must notify both ANs representing the buyer's side of this fact.

4.12. The payment of the remuneration to the AN representing the buyer is made on the basis of fundamental differences for paid and free exclusives:

4.12.1. For paid exclusives, priority is given to the buyer side, which is the first to submit an offer accepted by the seller's side. To avoid conflict, it is recommended that you submit a quote in writing or electronically.

4.12.2. For free exclusives, priority is given to AN, which is the first to show the object to the buyer.