Enterprises providing real estate brokerage services How many people must have at least a practicing certificate in real estate?

At least how many people must have a real estate brokerage service business with a practicing certificate?

The minimum number of people holding a real estate brokerage practice certificate of a real estate brokerage service enterprise is specified at Article 62 of the 2014 Real Estate Business Law is as follows:

Conditions of organizations and individuals providing real estate brokerage services

1. Organizations and individuals providing real estate brokerage services must establish a business and must have at least 02 people with real estate brokerage practice certificates, except for the cases specified in Clause 2 of this Article.

2. Individuals have the right to operate independent real estate brokerage services but must have a real estate brokerage practice certificate and register to pay taxes according to tax law.

3. Organizations and individuals providing real estate brokerage services must not be both a broker and a party performing the contract in a real estate business transaction at the same time.

According to the above regulations, businesses providing real estate brokerage services must have at least 02 people with real estate brokerage practice certificates.

Note: Enterprises providing real estate brokerage services cannot simultaneously be both a broker and a contracting party in a real estate business transaction.

What rights do businesses providing real estate brokerage services have?

Pursuant to Article 66 of the Law on Real Estate Business 2014, real estate brokerage service businesses have the following rights:

– Provide real estate brokerage services according to the provisions of this Law.

– Request customers to provide documents and information about real estate.

– Receive remuneration and brokerage commission as agreed in the contract signed with the customer.

– Hire a real estate brokerage service business or other independent real estate brokerage service individual to perform real estate brokerage work within the scope of the real estate brokerage service contract signed with the customer, but must be responsible to the customer for the brokerage results.

– Other rights in the contract.

Does real estate broker remuneration depend on the price of the brokered transaction?

Does real estate brokerage remuneration depend on the price of the brokered transaction, according to the provisions of Clause 2, Article 64 of the 2014 Law on Real Estate Business as follows:

Real estate brokerage compensation

1. Enterprises and individuals providing real estate brokerage services are entitled to brokerage remunerations from customers regardless of the results of real estate sales, transfer, lease, sublease, or lease purchase transactions between customers and third parties.

2. The real estate brokerage fee agreed upon by the parties in the contract does not depend on the price of the brokered transaction.

According to the above regulations, the real estate brokerage fee will be agreed upon by the parties in the contract regardless of the price of the brokered transaction.

When does a real estate brokerage service contract take effect?

The effective time of a real estate brokerage service contract is specified in Clause 3, Article 61 of the 2014 Real Estate Business Law as follows:

Real estate service business contract product

1. Types of real estate service business contracts:

a) Real estate brokerage service contract;

b) Real estate consulting service contract;

c) Real estate management service contract.

2. Real estate service business contracts must be made in writing. Notarization and authentication of contracts are agreed upon by the parties.

3. The effective date of the contract is agreed upon by the parties and stated in the contract. In case the contract is notarized or authenticated, the effective date of the contract is the time of notarization or authentication. In case the parties do not have an agreement, there is no notarization or authentication, the effective date of the contract is the time the parties sign the contract.

4. A real estate service business contract is agreed upon by the parties and must have the following main contents:

a) Names and addresses of the parties;

b) Subject and content of the service;

c) Service requirements and results;

d) Duration of service implementation Services;

d) Service fees, remunerations, service commissions;

e) Payment method and term;

g) Rights and obligations of the parties;

h) Dispute resolution;

i) Effective date of the contract Dong.

Thus, the effective date of a real estate brokerage service contract is agreed upon by the parties and stated in the contract.

In case the contract is notarized or authenticated, the effective date of the contract is the time of notarization or authentication.

In case the parties do not have an agreement, there is no notarization or authentication, the effective date of the contract is the time the parties sign the contract.