Terni. Illegal real estate agents: an agency in the center closed

TERNI A well-known real estate agency in the center was closed for 4 months because it made use of the services of a broker who would instead have operated as a real estate agent without the necessary requirements. The measure came as a result of an inspection by the Chamber of Commerce resulting from a complaint. The Terni case is not isolated. Even in Perugia, abusive phenomena have come to light.

«The Chamber of Commerce confirms Marcello Bambagioni, president of the Italian Federation of professional real estate agents in Umbria, is carrying out and sanctioning those agencies that operate in a situation that does not comply with the provisions of law 39 of ’89. I don’t know the specific cases, but I know that irregularities have been detected in some activities in both the Ternano and Perugino areas.” The president of Fiaip explains that the checks by the Chamber of Commerce take place «following complaints from users» and autonomously «every four years the Chamber of Commerce proceeds to review the role during which it verifies that the real estate agency maintains the requirements required by law. If these are missing, a series of sanctions are triggered which can even lead to the real estate agent being removed from the role”.

THE REGULATION

The legislation clarifies that in the case of abusive exercise of the activity, “an administrative sanction is foreseen consisting of the payment of a sum from 7,500 to 15 thousand euros. If the sanction is paid within 60 days of notification, the competence lies with the Sanctions Office of the Chamber of commerce. Furthermore, the abusive broker is not entitled to any commission, so he must return any commission unduly received to the contracting parties. After the second administrative sanction imposed for this type of infringement, the Chamber of Commerce forwards the complaint to the competent judicial authority. “. However, in the case of irregular activity, the legislation provides for certain disciplinary sanctions for the agent who violates his duties and obligations established by law which can lead to suspension, cancellation, perpetual inhibition from the activity.
Marcello Bambagioni recalls that the phenomenon of illegal construction in the real estate sector has always existed and has always been sanctioned. «Only an agent registered with the Rea, as Bambagioni recalls, can carry out real estate brokerage activities».

ESCAPE IN UMBRIA

Last February, the president of the Umbria Chamber of Commerce, Giorgio Mencaroni, made an estimate of the phenomenon in our region. «Unauthorized construction, in addition to causing serious damage to the real estate sector, generates tax evasion in Italy amounting to 450 million euros per year in the taxable base, deriving from commissions paid illegally, he said – to which Umbria contributes with a lack of income for the treasury of approximately 7 million euros per year”. Fiaip recommends asking the agent who shows up, even for a first appointment, to show the qualification card issued by the Chamber of Commerce and ask, when finalizing the negotiation, for a copy of the insurance certificate.

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