The commission or brokerage fee is the main form of remuneration for real estate brokers, and recently it returned to the subject in the newspapers, after Law 13.786 / 2018 was sanctioned on December 27, 2018.
This Law provides guidelines on the real estate sale, that is, the rights and duties of the buyer and seller when one of the parties requests the cancellation of the contract on several occasions.
But, if the brokerage service was provided, how is the refund of the fee?
In this post, we talk a little more about what, in fact, the brokerage fee is and how it is charged in real estate services. Check out!
What is the brokerage fee?
Articles 722 and 729 of the Civil Code establish that the brokerage fee is the form of remuneration for the provision of services by real estate brokers.
The Administrative Council for Economic Defense (CADE) provides guidance on how the collection can be carried out, which, according to its last update, allows the free determination of values and negotiation between the parties.
Thus, whenever a real estate agent is hired to perform a consultancy or intermediation, the brokerage fee is previously agreed and informed to the contractor through the contract.
How it is usually charged?
When a property is offered for sale, the value of the fee must already be included in the advertised price. Thus, it can be a fixed amount, percentage of the deal, or both together.
However, it can only be charged by professionals duly registered with the Regional Council of Realtors (Creci). Otherwise, the action will be considered an illegal act.
In order for it to be regulated, the acceptance of all parties must be formalized in the sales authorization form, with or without exclusivity in the negotiation. As a rule, it is paid by the seller of the property, unless stated in the document.
According to the updated Law, in cases of delays of more than 180 days in the delivery of the property, the buyer can receive the full amount paid so far.
Does this fee have anything to do with the fee charged for stock trading?
Some principles are the same, such as the fact that they are charged for all actions formally contracted for the remuneration of the specialist and the process.
In the case of shares, however, there are other determinations, mainly because the volume of daily negotiations can be much greater than a single sale of property.
That is, the rate may vary according to the volume of shares traded, the value involved in the share and even in which market they will be applied, such as shares and futures contracts.
What is the reason for charging in the real estate sector?
It is charged to guarantee the provision of quality service and within the regulation of the sector. Because your collection is now free, it allows brokers to be more loyal to the level of effort required in trading.
That is, the rental of a property, which previously had a charge of approximately 10% of the installment value, is now free and may be lower than this parameter so that the broker has greater competitiveness.
When financing a property, it is important to ask about the brokerage fee, but be aware that it is a guarantee of good service to the buyer.