Have you signed an exclusive mediation contract for the sale of a property you own? If you have done so and want to revoke the real estate sales authorization, in this post we tell you how to do it and what you should take into account.
Real estate mediation contract: what is it
For people who do not have experience in the real estate market or buying and selling of properties, the issue of contracts can be complex.
It is common for owners of apartments, premises or offices, among other properties, to hire the services of real estate mediators or consultants to sell or rent said properties. To do this, a contract is signed with the real estate agency. This is called a real estate mediation contract, which does not have specific regulation. According to the Supreme Court Ruling of January 10, 2011, it is a document by which a person undertakes to pay remuneration to another so that the latter can carry out an activity aimed at putting them in relationship with a third party in order to conclude a specific business.
It is quite common for exclusivity clauses to be introduced in real estate mediation contracts. In this way, the real estate mediator can collect the commission even if he has not intervened in the operation. All of this, as long as its management has contributed to the successful completion of said operation. In this sense, the Supreme Court Ruling of May 21, 2014 establishes that the mediator in charge of the sale of a home has the right to the full remuneration of the agreed commission. As long as its management is decisive or determining for the good purpose or success of the order carried out. And regardless of whether the sale is carried out without your knowledge and the final price that results from it.
The exclusive mediation contract must expressly regulate the consequence of the property owner closing the transaction directly. Likewise, it must have a specific duration, generally between three and six months.
It is common in the real estate field to also talk about a mandate contract. However, in this the mediator contracts on behalf of the principal, while in the mediation contract this does not happen. In this, the mediator carries out all the procedures for the sale or rental to take place and puts the buyer and seller in contact.
Is it possible to revoke the real estate sales authorization?
If you have signed an exclusive mediation contract with a real estate agent and have changed your mind and do not want to sell, or prefer to do it on your own, you will wonder if the real estate sales authorization can be revoked.
These are the cases in which it is possible to revoke the real estate sales authorization:
Lack of signature of an owner on the mediation contract. There are many cases in which several owners own a property. For example, it may be the case of several people who have inherited an apartment. If all of these people do not sign the exclusive mediation contract, said agreement will not be valid. Therefore, the real estate sales authorization may be revoked.
– Failure of the real estate agency. Another case in which the sales authorization may be revoked occurs when the contracted real estate agency is not carrying out the necessary steps for the sale. For example, if you do not advertise the property or do not carry out visits with potential buyers. In this case, non-compliance must be proven.
– Abusive clauses in the mediation contract. It may happen that the mediation contract contains abusive clauses for the client; such as the regulation of an excessive duration of exclusivity or a very high amount of fees, for example.
– Termination of the exclusive contract. Another case in which the real estate sales authorization can be revoked is when the contract ends. You will simply have to analyze the signed agreement and send a reliable communication to inform the real estate agency of the non-renewal of the contract.
Obligation to sign an order note in Catalonia
In Catalonia, Law 18/2007, of December 28, on the right to housing, regulates in article 55, section 5b), the obligation of real estate agents, before signing an offer for a property, to sign with the owners of homes that entrust them with the transaction of a home, a commission note that enables them to make their offer and advertise, to receive amounts or to formalize any pre-contract or contract with third parties.
What steps should I follow to revoke the real estate sales authorization?
If you have decided to revoke the real estate sales authorization for your apartment, you can follow the following steps:
Analyze the signed contract
This is an essential step to see what you have signed. You can count on the help of a real estate lawyer to study the contract. This will see the date of signing, the type of services contracted, the existence or not of exclusivity with respect to the real estate agent, the duration of the exclusivity and the cases in which the fees must be paid to the contracted agent.
Talk to the real estate agent
If you wish to terminate the contract and have a good relationship with the real estate agency, you can inform them of your desire to revoke the sales authorization and notify them that you are going to send them a communication regarding this.
Write the communication
If it is possible to terminate the mediation contract based on the clauses included in it or a breach by the mediator, you can prepare a communication to revoke the real estate sales authorization that may have the following content:
– Recipient data: Read the mediation contract to see if it contains the data for possible communications between the parties.
– Affair. It clearly specifies that the purpose of the communication is to revoke the real estate sales authorization and terminate the mediation contract.
– Date of communication
– Body of communication. In the text you must include:
Firstly, the details of the contract and the property (signing date, parties, property subject to the contract). Then, the reason for the resolution, where you can cite some of the reasons we have seen (lack of an owner’s signature, expiration of the term, etc.). Likewise, you must include the request for data cancellation and return of information. Your personal data will appear in the mediation contract. This is why you can request that it be canceled and that any documentation related to the property be returned, such as plans, licenses, photos, etc. You can also request the return of the keys that you may have given to facilitate visits to the property. And finally, the signing of the document.
Send the communication
Once the communication is written you must send it. The most advisable thing is that you do it by burofax with acknowledgment of receipt and text certificate. In this way, the communication will be reliable because you will know if the recipient has received it and you will have a document signed by the post office that will certify the content of the communication. Thus, it can serve as trial evidence, if the matter becomes complicated and has to go to court.
In short, revoking the authorization to sell real estate in an exclusive mediation contract is possible. It is important that you carefully read what you sign and that you seek advice from lawyers who are experts in real estate law. These will indicate the rights and obligations that you assume and will write the communication. Thus, you will be able to resolve the contract by complying with what was agreed upon with the contracted real estate agency.
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