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TYPES OF REFERRAL



Client referral
An Agent with a client wishing to purchase, rent or lease a property in another country, may refer that client to a fellow CEI Agent listed on the International Directory in that country and receive a commission in the event of such contract being concluded in relation to real-estate.

Property referral
An Agent with a property listing for sale or rent may transmit the property drescription form to another Agent together with an invitation to collaborate in the promotion of the sale or rent of that property and an undertaking to pay him a commission in the event of a contract being concluded through his intervention.

   
   
ACCEPTANCE

These Rules must be specifically accepted either by their undersigning or by a written declaration to "abide by the CEI International Referral Rules".

 
   

CONFIDENTIALITY


All information transmitted under Client or Property Referral must be treated as strictly confidential and used only for the promotion of the property in question.

 
   
CLIENT REFERRAL
 

The Originating Agent transmits in writing to the Receiving Agent in another country, the name of a client, his address, the type of property requested or offered and all other useful information regarding the client, such as the amount of money to be spent.

If the Receiving Agent is already in contact with that client he must, within 10 days of receiving the referral, document this to the Originating Agent. If he does not do so within this period then his silence is deemed acceptance of the referral.

It is advisable for Receiving Agents to always acknowledge to the Originating Agent receipt of a referral and to immediately note on all records that the client is in fact a referral and that a commission must eventually be paid.

The client referred will be considered to pertain to the Originating Agent for a period of 24 months. This period may be extended for another 24 months if the Originating Agent renews the referral.

When a sale, lease or rent results from a client referral, the Originating Agent will become entitled to a 20% share of the commission earned plus VAT. In countries where a commission is also paid by the purchaser, this will be added to the total commission to be divided as above. However the parties may previously agree in writing that the purchasers commission belongs completely to the Originating Agent.

   
   
PROPERTY REFERRAL
 

The description of the property should be transmitted on standardised forms, either in English or in the language of the Receiving Agent and should contain a comprehensive description of all relevant details.

On the back of the property description form there must be a signed declaration, that in the event of a contract being signed with a client of the Receiving Agent, the Originating Agent will pay a declared amount of commission. It must also state whether the Originating Agent has an exclusive listing and for which period.

All prices must be given in the currency stated in the listing. The prices must refer to the whole property and not per square metre/foot.

There must be one form per property, unless an apartment or office complex is involved, in which case a price list may be attached to the form with the general description.

All subsequent modifications to the price and to other essential details, must be promptly transmitted in writing to the Receiving Agent.

The Originating Agent will supply all the documentation that is necessary for the promotion of the property, floor plans, photographs etc.

The Originating Agent that receives an offer to buy from the client of the Receiving Agent, must transmit that offer to the seller within 24 hours from receiving the offer. He must then notify the Receiving Agent within 48 hours, of the acceptance of the offer by the seller.

Should the Originating Agent sell the property directly, without the assistance of the Receiving Agent, he will inform him at the latest within 3 days, that the property is no longer available.

When a sale results from a property referral, and the amount of commission was not properly or clearly declared on the property description form, the Receiving Agent will nevertheless become entitled to a 20% share of the commission earned plus VAT. In countries where a commission is also paid by the purchaser, this will be added to the total commission to be divided as above. However the parties may previously agree in writing that the purchasers commission belongs completely to the Receiving Agent.

All visits to properties and eventual contracts, can only be made through the Originating Agent except in the following cases:

The Originating Agent authorises the other Agent to negotiate directly with the owner.

The Receiving Agent with a potential purchaser or renter, after several documented attempts (telefax, telegram etc.) has not been able to contact the Originating Agent, directly or through the owner, may negotiate directly with the owner.

   
   
GENERAL
 

The Originating Agent must always be kept informed of all negotiations.

All reimbursements of expenses and any modification of commission agreements must be previously agreed in writing.

At the signing of final contracts, both Agents are entitled to be present and they must therefore be given ample notification.

On completion of a sale or letting, and on receipt of commission, one must pay immediately the commission owing to the other Agent.

   
   
CODE OF ETHICS
 

All members of CEI are bound by the Code of Practice and in particular, the Rules Concerning Colleagues.

It is advisable to prefer referrals with those colleagues that are listed in the CEI International Directory and those that have professional risk insurance policies.

   
   
ARBITRATION
 

CEI will nominate a Commission composed of three persons for the arbitration of controversies which may arise in the course of International Referral.

The Commission may suspend or expell members that have violated the present regulations and the norms of the Code of Practice.

In the case that it should become necessary to proceed at law for the payment of commission from the owner, the legal costs, unless otherwise agreed, will be borne by the Agent where the property is situated, insofar as they have not been reimbursed through a court order. After receiving payment of the commission, the legal costs will be deducted before payment to the other Agent.

26th June 1994

 



 
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