Hellenic Association of REALTORS (HAR)
CODE OF ETHICS FOR REAL ESTATE AGENTS MEMBERS OF HAR
1.1 - The present Code is binding for the members of the Hellenic Association of Realtors. Its aim is the establishment of high standards for the practice of the profession of the Real-Estate Agent.
1.2 - The agent is a free professional who by his own means, acts as an intermediary for the transfer by purchase, in exchange for and leasing of properties, by offering the relevant services and receiving payment for them.
1.3 - The Agent member of H.A.R. is obliged to comply his practice with the following legislature:
- 1.3.a. - Civil Code - Regarding Contracts of sale.
1.3.b. - Civil Code - Regarding Intermediation.
1.3.c. The regulations of the Penal Code 248/93 (FEK 108 /28-6-1993) "Regarding Real-Estate Agents".
1.3.d. - The regulations of the Law regarding Consumer Protection.
1.3.e. - The regulations of the Law regarding the handling of a personal information file.
1.4. - The Agent is paid for his services by both parties. As a result, the members of H.A.R. are called upon to protect the interests of both parties.
1.5. - The Agent member of H.A.R. is obliged to offer his services to any physical or legal entity, independent of nationality, citizenship, sex or creed, to abide by the effective legislation and to inform the prospective buyers of the legal regulations that are effective in frontier areas.
1.6. - The Agent member of H.A.R. must not withhold any flaws that have come to his attention, in relation to the properties for sale.
1.7. - In the context of objective and transparent co-operation, the members of H.A.R. , will have to inform their clients in advance, of any personal or financial interest, beyond that of the agreed upon fee, for every case of purchase in which they are involved.
1.8. - The Agent member of H.A.R. is obliged to protect the professional confidentiality, by respecting the personality, the dignity and the inviolable of the private life and the financial status of the people he deals with, and which he does not publicize.
2. CONSUMER RELATIONS:
2.1 - ASSIGNMENT OF MEDIATION
2.1.1. - Any assignment for sale, in exchange for, leasing, rental or suggestion for purchase, exchange for, leasing, rental of properties, must be in writing, in the form of an assignment of mediation which will be filled in clarity in regards to the duration, the price and the exact description of the property. The assignment forms will have to be signed by the assignee prior to any mediation procedure.
2.1.2 - It is proposed that the members of H.A.R. use the assignment of mediation forms that have been approved by the committee of H.A.R.
2.1.3 - The agreed upon fee for mediation will be paid only when the assignment is completed. In case of a pre-agreement, either in the form of a notaries deed or in the form of a private agreement of down-payment, the Agent has the right to demand half of the agreed fee, regardless if the pre-agreement ends in a final contract or not.
2.1.4 - Exceptions in the previous paragraph are the advisory services like for example the valuation of properties, market research, etc., in which case the fee is independent of the outcome of the sale. Any assignment for advisory services will also have to be in writing, which will clearly state the height of the fee.
2.1.5 - Recommendation to prospective buyers, are effective for the period of 36 months from the date of recommendation.
2.1.6 - Co-operation with other Agencies is done only after the assignee has been notified and has given his relevant approval.
2.1.7 - Prior to the signing of an assignment form, the assignee (client) should be asked if he has already given a similar order to another agent. In case of the existence of an exclusive assignment to another agency that is not a member of H.A.R. , the Agent member of H.A.R. , will agree to undertake the assignment after he has informed the assignee of his duty to pay both fees.
The agreed upon fees are clearly stated in writing prior to any mediation procedure.
2.2 - ADVERTISING PROMOTION
2.2.1. - Signs of sale should only be erected after the written authorization of the owner and only during an exclusive assignment of sale.
2.2.2 - It is not allowed under any circumstances to remove another agent's sign without the approval of the owner.
2.2.3 - Publications - advertisements will have to be precise and will have to clearly state that they are ads or entries of a Real Estate Agency.
3. - PROFESSIONAL RELATIONS (UNETHICAL COMPETITION - CO-OPERATION):
3.1 - Solidarity between colleagues and mutual respect between the Agents, contribute positively towards the image of the Real Estate Agent's profession, and because of that, the Agent member of H.A.R. , is obliged to respect the personality of his colleagues, regardless if they are members of H.A.R. or not.
3.2 - Aiming to avoid the creation of professional competition and possible disputes, the members of H.A.R. will pursue in every case to obtain exclusivity in the assignments of mediation, except when the client refuses to sign such an order.
3.3 - The valuations that are given by the members of H.A.R. , prior to the assignment of mediation will have to be objective and not overvalued for the purpose of obtaining the assignment of sale.
- In case of co-operation between two agents, members of H.A.R. , the mediation fees will be divided according to the agreement that has preceded the co-operation.