It was a historical demand of the industry, dedicated people. brokerage in home sales and other real estate liabilities. sign up for an enrollment and meets certain minimum requirements, but Generalitat exceeded with your requirements. at least what is this National Markets and Competition Commission (CNMC) announced this Thursday that it has filed an appeal against Consell’s decision to regulate this registration, which required, among other things, a physical establishment and minimal training, even if the activity is conducted online.
CNMC clearly states that does not query the initialization of the registry neither in itself nor its purpose – to protect users of such services – but considers that the requirements imposed by the regulations are “disproportionate”.restricting competition and harming citizens”. the attitude of the district administration is ugly in October 2022 to avoid the challenge, Generalitat sent a request to Valenciana annulment of various articles of the decree, did not participate. His refusal to amend eventually led him to appeal against several articles of the regulation.
In this sense since Generalitat defends validity As they remember, the decree Agreements have been reached with different associations of the industry as well as with consumers’ associations., so they are ready to defend in court. According to the Regional Secretary of Housing and Social Function, one regulation Alejandro AguilarPurposes Put an end to “violations and lack of professionalism” and also protects buyers in an economically specific situation, such as the purchase of a property.
Communication
The first item that the CNMC finds wrong is 2.2 of the decree; intermediary people and when they provide more than two services in the last year, they will have to report their activities to the competent authority of the Community free of charge.
Also, agents that are not a public body in the Community of Valencia will need to prove they are authorized. registered in the register of another autonomous community or reporting its activities To the competent authority of the Generalitat.
In the opinion of the state body, these demands are “a burden for representatives of other regions, limit the free provision of services and discourage the occasional and free provision of services”.
physical establishment
The CNMC also objected to the clauses mandating providers. services exclusively by electronic or telematic means Also a Physical address in the territory of the Commonwealth of Valencia. A requirement that, according to the competition, can have “significant costs for the real estate broker as they will need to have a physical location in that particular area”.
On the other hand, it does not accept the requirements as legal. professional training required to provide these services. According to him, this requirement Unlawfully, both statesNorm with the force of law, which ensures that the real estate brokerage activity can be carried out autonomously “without the need to hold any title or be a member of an official association”, which determines that the necessary professional training is regulated by a law.
Warranties and insurance
Likewise, it finds the articles 3.c and 6 of the Decree Law, which determine the obligation to have, unlawful. warranties and insurance civil liability as solvency requirements, and minimum and differentiated quantities if the agent provides the service in person or online. The Organ states that “without prejudice to the fact that these warranties serve protect consumers, Differences according to minimum amounts and type of establishment are not justified”.
Confronted with these arguments generalitat insist regulations allow more professionalization this activity and More guarantee for buyers. For example, Alejandro Aguilar argues that it should be. physical point as a way to get to the address, even if the service is provided online facilitating complaints or claims in advance of possible problems that may arise in the sales process. Likewise, the decree does not require any special degreebut to happen 150 hour course guarantees that professionals are aware of the legislation applicable to sales.
Same way, warranty and differentiated insurance requirement before it’s different risks presupposed in each of the cases envisaged in the decree. “We insist that this is a decree. has the approval of the entire industry and consumers, and trying to improve guarantees not only for professionals but also for buyers,” says Aguilar, pointing to the existence of similar regulations in other autonomies.