Liability of the Real Estate Agent
Real Estate Agent
I am inspired by a telephone conversation with a customer who asked me the following question: “What are your responsibilities in case of problems with the property?” Basically, the customer asked me if, following the sale, urban planning problems should arise (building abuses, discrepancies with the project, judicial mortgages and any prejudicial situation) I would be called to answer for the damages suffered.
A fair question and one that clearly denotes how in fact the category of real estate agents aren’t trustworthy when it comes to mediation. It’s as if we asked a doctor to show us your qualification because we are not sure that he will be able to treat us at best.
Given that the responsibilities in the mediation of a real estate deal fall on the seller (owner of the property), this does not exempt the real estate agent from ascertaining the fairness of the deal, not only from an economic point of view but above all from an urban planning and freedom point of view. from liens.
If during the performance of a mediation the real estate agent doesn’t behave following the ordinary diligence required of the professional, he risks a conviction and having to compensate the injured party. The Court of Cassation of Italy with judgment 19095/2011 confirms the sentence imposed on a real estate agency for having signed a preliminary purchase contract, with relative advance and payment of the commission, without however having informed the buyer that the property was burdened by a judicial mortgage.
A fundamental concept was reiterated: if it is true that the real estate broker isn’t required to carry out investigations of a technical-legal nature, such as ascertaining the freedom of the property being transferred, through cadastral and mortgage surveys, it’s equally true that “Is in any case bound to an obligation of correct information according to the criterion of average professional diligence”.
Correct information “obliges him to communicate the circumstances known to him, or in any case known with the common diligence that is required of the mediator himself and instead prohibits him from providing information on circumstances that he has not checked”. It’s a very important sentence, that of the Count of Cassation.
It’s a very important ruling which, while on the one hand it protects serious and qualified professionals in the sector, on the other it protects citizens dealing with unskilled real estate agents. The real estate broker must be considered to all intents and purposes as a professional, with all the responsibilities that this entails
Claim all the documentation that confirms the statements made by the agent and the seller and if in doubt, appoint a technician and / or notary to carry out the necessary investigations.
Orizzonte Case Sardegna does all it can to be competent and irreproachable.