{"id":11570,"date":"2020-01-15T15:06:14","date_gmt":"2020-01-15T15:06:14","guid":{"rendered":"http:\/\/www.alessandropasqual.it\/abusive-real-estate-agents-a-mistake-to-be-avoided\/"},"modified":"2025-08-27T14:43:21","modified_gmt":"2025-08-27T14:43:21","slug":"abusive-real-estate-agents-a-mistake-to-be-avoided","status":"publish","type":"post","link":"https:\/\/www.alessandropasqual.it\/en\/abusive-real-estate-agents-a-mistake-to-be-avoided\/","title":{"rendered":"ABUSIVE REAL ESTATE AGENTS, A MISTAKE TO BE AVOIDED"},"content":{"rendered":"\n

Have you ever thought about what might happen to you if you were to be driven by a driver without a license? Or if you had a mountain guide take you to the mountains without any experience? Sure, maybe you would get to your destination, maybe everything would go smoothly--maybe<\/em>. <\/p>\n\n

So when it comes to managing assets worth hundreds of thousands, the fruit of a lifetime of sacrifice, why do you think you can rely on an unlicensed figure?<\/p><\/blockquote>\n\n

The world of real estate suffers from a silent plague about which, unfortunately, little is known: the phenomenon of abusive real estate brokerage<\/strong>.<\/p>\n\n\n\n

We seldom talk about the mandatory requirements that a real estate agent must have in order to practice this job, and even fewer end users are informed about what is to be expected of a broker. Let's start with the basics: in order to practice his profession, a real estate agent must meet certain requirements<\/strong>, which allow him to be identified in the business register by registration with the REA (Repertorio Economico Amministrativo). <\/p>\n\n

Mandatory requirements to be a real estate agent<\/strong><\/h2>\n\n

To be admitted to the training course that prepares for the licensing exam, one must demonstrate:<\/p>\n\n

  • Be in possession of a high school diploma (or higher degree)<\/li>
  • Possess residence or professional domicile in the province where you want to practice<\/li>
  • Being an EU citizen<\/li>
  • Being of legal age<\/li>
  • Not being declared bankrupt<\/li>
  • Not having been subject to final preventive measures<\/li>
  • Not having been sentenced to imprisonment for crimes under the check law<\/li>
  • Not having been convicted of crimes against public administration, administration of justice, public faith, public economy, industry and commerce<\/li>
  • Not to have been convicted of the crimes of voluntary manslaughter, theft, robbery, extortion, fraud, embezzlement, receiving stolen goods, issuance of bad checks (unfunded checks and checks without authorization of the drawee recently decriminalized by Legislative Decree No.507 of 30.12.1999 in force since 15.01.2000)<\/li>
  • Not to have been convicted of a non-negligent crime other than those expressly indicated, for which the law imposes a penalty of imprisonment of not less than a minimum of two years and a maximum of five years.<\/li><\/ul>\n\n

    Once you meet these requirements, you can enter a course of professional training<\/strong>(the extent of the course varies according to the province<\/em>) that ends with a series of exams (two written and one oral); once you pass the final test, you can apply forregistration with the business registry<\/strong>, and declare the start of business.<\/p>\n\n

    The risks of relying on a mediator without requirements<\/h2>\n\n

    \"I mean, in the end, what will it take to do this job? Even if one is not licensed who cares, I care about the house, period!\"<\/em><\/p>\n\n

    Of course, this is a legitimate point of view. However, let's say that during the course of business, the figure you approached is not a licensed and recognized intermediary, who makes a mistake that compromises the purchase and sale or, even worse, concludes it but with shortcomings, so that the parties must subsequently incur expenses to remedy the mistake... <\/p>\n\n

    Who can you turn to? How can you seek damages from a figure who does not exist and cannot be held accountable? <\/strong><\/span><\/h4><\/blockquote>\n\n

    By law, a licensed real estate agent must take out an insurance policy that covers Professional Risk, which is any damage resulting from the practice of his or her business. Does it seem little?<\/strong><\/p>\n\n

    In addition, current legislation requires the notary to declare in the deed whether the parties used an intermediary to conclude the sale, so by using an unlicensed broker, you will in fact be declaring a forgery in a public deed (and I remind you that, in such cases, you enter the criminal sphere).<\/p>\n\n

    Finally, it seems obvious to me to point out that, by law, an unlicensed mediator is not entitled to mediation payment.<\/p>\n\n

    Actions to combat abusive real estate agent activity<\/h2>\n\n

    To counter this phenomenon, professional associations periodically organize conferences and events in collaboration with law enforcement agencies to keep up to date and protect professionals and consumers by guarding against professional malpractice in Italy, which, according to analysis, reduces the state's tax revenue by 750 million euros and prevents the entry of sums to be reinvested for the benefit of the community... As exhausting as it is to pay them, isn't that what taxes are for?<\/p>\n\n

    On the need for reflection, both within the category and on the part of buyers, on the risk of relying on shady figures, a memorandum of understanding was signed between the Chamber of Commerce and trade and consumer associations(Fiaip<\/strong>, Federazione Italiana Agenti Immobiliari Professionali, Fimaa<\/strong>, Federazione Italiana Mediatori Agenti d'Affari, Adiconsum, Lega Consumatori, Adoc, Movimento Consumatori), involving the Municipal Police<\/strong> and all parties in the real estate buying and selling chain, with the aim of exerting a sharp contrast to the phenomenon of irregularity.<\/p>\n\n

    Who to turn to in case of malpractice <\/strong><\/h2>\n\n

    The traffic cops<\/strong> are the first to check, as they have restricted access to the Chamber of Commerce's registration list and can verify in real time the real estate agent's proper registration. The signatories to the memorandum of understanding have then prepared informative vademecums for citizens, who can thus access useful and practical information about the rules to be observed of the real estate brokerage course. Finally, the Chamber of Commerce<\/strong> (which grants the license to practice as a real estate agent after verifying the requirements) is the body in charge of protecting the market and can ascertain and sanction those who practice the profession abusively. <\/p>\n\n

    Why rely on a licensed real estate agent<\/h2>\n\n

    Becoming a professional real estate agent entails a course of study and training, as well as a lot of experience in the field... How far did your trusted adviser, whom you relied on to shield you from the risks to which abusive brokers expose you? As you have read in this article, after you have acquired theoretical notions of Civil Law and Tax Law, notions of the practice of the profession, and notions specific to the real estate industry, the practice to be done before you can handle a purchase or sale is a long and winding road. <\/p>\n\n

    So, why should you rely on a person who bases his or her work only on experience, without any qualifications or proper training?<\/p>\n\n

    Do you still think it's worth giving it all up and taking great legal and economic risks to save a few euros in the short term?<\/p>\n\n

    If you want to sell or buy a home, contact a licensed real estate agent.<\/strong><\/span>. Ask to be shown this badge, to really understand if your interlocutor is a real estate agent or an abusive broker! <\/h4>\n\n
    \"\"