The LAW 3 FEBRUARY 1989, 39 N. and 5 law n° 57 of March 2001 had recognized the role of the "Mediatore Immobiliare"(Real estate broker) like professional of this important field, with characteristics of professionality requirement and moral to guarantee the Customers on the administrative  and legal of the proposed operations.

The laws in matter had recognized the professional profile of the Real estate Broker(in Italy "Mediatore Immobiliare"), one of the most ancient profession discovery recently and valued from some exponents of the field and recognized from the recent 5 law of March 2001 that previews requirement of honorability and professional competence in order to guarantee the Customer with the greatest transparency in real estate transactions.

About it the  Italian Civil Code collects in one appropriate HEAD XI the definition of Mediator from the art. 1754 to 1765.

In particular it defines in simple and comprehensible way the figure of the Mediatore Immobiliare:

Art. 1754 (Real Estate Broker)

  It is a Mediatore Immobiliare(real  estate broker) who puts in relation two or more parts for the conclusion of a transaction, without being legacy to some of they from representation or dependency, collaboration, relationship.

and

ART. 1755 (Commission)

  The Mediatore Immobiliare has straight the commission of every parts[art. 2950 ], if the transaction is concluded for effect of its work[art. 1757]. The amount of the commission and the proportion in which this it must weigh on every parts, in lack of according, professional rates or of using(depositated by the local Chamber of Commerce in Italy - ndr), are determined from the second judge fairness.

Art. 1756 (Recovery of expenses)

But about terms and conditions, the mediator has straight to the recovery of expenses in the comparisons of the person for assignment of which they have been executed even if the transaction has not been concluded.

Therefore also a fundamental acknowledgment of the Jurisprudence that had codified the figure and the common uses of its function.

The Chambers of Commerce in Italy, to protection of the enrolled one to the White one of the Mediators and the professionals of the field, signal one before rule: attention to the abuse!

All too often operate in Italy some other professional as lawyers, accountants and other person that have no authorization to trade or mediate. Pay attention!

Only the professionals and mediating societies enrolled to the role near the Chamber of Commerce of the residence zone can carry out activity of real estate mediation, and demand the commission for the carried out work. Who is interested to a real estate sale will have therefore to assess that the professional who puts in contact the interested parts are enrolled in the role mediating. A verification that can be made near the Office "Albi e Ruoli" of the local Chamber of Commerce.

For example I am authorized by Chamber of Commerce of Bolzano at n° 630 personally and my company VR Immobiliare S.a.s. at number n° 139/S.

http://www.hk-cciaa.bz.it/

  Modules and forms

Moreover useful to know that the modules and forms use you for the mediation must preventively be deposits near the Provincial Commission mediating with center near the Chamber of Commercio(Office "Albi e Ruoli" in Italy). The warehouse is obligatory therefore as it is obligatory to use clear, easy comprehensible modules and forms and inspires to you to the principles of the good contractual faith. The modules cannot be use if they do not bring the ends of the registration to the role of the mediator or, in the case of one society you, of the legal representative of the same society.

Contraries terms

It goes finally remembered that the contracts concluded with the mediator cannot contain contraries terms, they that is determine of the contractor one imbalance of the rights and the obligation deriving from the contract.

Insurance cover

The Ministry of the productive activities indicates following characteristic for one the suitable insurance guarantee to cover of the professional risks to protection of the customers:

1. assurance of the liability for negligences or professional errors, comprehensive of the guarantee for infidelity of the employees;

2. cover for anyone, to the inside of the company, carries out to whichever title it the mediation activity;

3. cover of all the sections enrolled to role, through an only all-inclusive policy or more separated policies to cover of every activity;

4. insurance policy to part for who, covered from insurance policy in operating how much in mediation society, means to carry out the activity as an individual broker.

Professionals therefore for the service to the Customer.

Trust with confidence only with professionals of this market.

Trust on us!

Rag.Valerio ROSSI, Real Estate Broker(Mediatore Immobiliare)

Authorized by Chamber of Commerce of Bolzano n° 630, 18 September 2002

Link: Ruolo Agenti di Affari in mediazione

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