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FIAIP
FEDERAZIONE ITALIANA AGENTI IMMOBILIARI PROFESSIONALI
National Seat in Rome
CODE OF ETHICS FOR REAL ESTATE AGENTS
Whereas
The Real Estate Agent is an independent contractor who, thanks to his own abilities and means, works as an intermediary in the purchasing, selling, and renting of real estate as well as in the transferring or buying out of firms, offering services pertaining to it and receiving a fair compensation for his work.
The Real Estate Agent in his work will act in accordance with those ethical principles that allow him to perform his task in a morally correct manner by avoiding all those activities that, although not illegal, violate the above mentioned principles.
The Real Estate Agent, in acting in accordance with the rules governing this profession, must avoid any misunderstanding, so that the interest of the parties may be served.
The Real Estate Agent must respect confidentiality during the performance of his duties.
The Real Estate Agent must continue to improve his training by participating in seminars, meetings, and lectures, so that his performance may be such as it is fitting for a professional.
These rules are binding for all those who work as real estate agents and are registered in the Italian Professional Real Estate Agents Association (Federazione ltaliana Agenti lmrnobiliari Professionisti - F.l.A.l.P.)
Therefore, the rules of conduct for real estate agents are divided in three sections as follows: Relations with the Public, Relations with Clients, and Relations with Colleagues.
Section One
Relations with the Public Art. 1
The Professional Real Estate Agent must know the real estate market and its development as well as the laws and regulations that govern his own activity.
Art. 2 The Real Estate Agent must gather for any of his assignments all useful information in order to accomplish his task.
Art. 3 The Real Estate Agent must always use his own name.
Art. 4 The Real Estate Agent, when requested by those who entrust him with a task, may not mention their names until the time when the assignment has been concluded.
Art. 5 The Real Estate Agent must act solely on the basis of an assignment entrusted to him in writing and with a clearly defined agreement specifying the type of service, the amount of the commission and the reimbursement of fees, if applicable.
Art. 6 Compensation must be agreed upon in advance and the amount must be specified in a legal document signed by the parties. Otherwise the customs and regulations of the C.C.I.A.A.* will be applied.
Art. 7 The Real Estate agent must not intermingle his own assets with the money received by a third party.
Section Two
Relations with Clients
Art. 8 The assignment, even if irrevocable, must be limited in time, leaving open the possibility of renewal to the parties involved.
Art. 9 It is advisable that "the Real Estate Agent request exclusive rights to avoid entering in conflict with other Real Estate Agents.
Art. 10 Once an appraisal of the property or the company has been made, and the essential conditions of the assignment with the selling, renting, or transferring party have been established -- should there be more than one person interested in closing the transaction -- the Real Estate Agent must inform the above mentioned party of the best offer or the first offer meeting the requirements.
Art. 11 After the essential conditions of the contract ha'\..e been established and agreed upon by the party interested in the sale, rental, or buyout of the company, the Real Estate Agent may not propose to a third party the conclusion of the contract under the same or different conditions until a positive or negative conclusion of the transaction has been reached.
Art. 12 If the Real Estate Agent intends to conclude in person the transaction assigned to him, he must instruct the Client to adhere to the terms established and, in case he intends to sell or rent a property, he must inform of this situation any third party that may be interested.
Art. 13 The Real Estate Agent entrusted with the task of managing property must agree with the client in advance on the amount of the compensation to be given to him and may not accept any amount of money by a third party at any title.
Art. 14 The Real Estate Agent must accept the task of giving an estimate only within the limits of his own knowledge and experience. Should these limits be exceeded, he must rely on the cooperation of a professional chosen in agreement with the Client.
Art. 15 The Real Estate Agent must examine the assignment entrusted to him and inform the Client of all the difficulties of the transaction.
Section Three
RELATIONS WITH COLLEAGUES
Art. 16 The Real Estate Agent must behave in an ethical manner with his colleagues and avoid seeking his own advantage to the detriment of his colleagues.
Art. 17 The Real Estate Agent must refrain from passing judgment on the work of colleagues and, should he find out that a certain transaction has been entrusted to another agent, he must refuse to take over the assignment until the colleague's mandate has expired.
Art. 18 The Real Estate Agent must refuse the cooperation of persons working for a colleague, unless expressly authorized to do so by the colleague himself.
Art. 19 The Real Estate Agent may not accept an assignment by a client he has met through a colleague, unless expressly authorized to do so. In this case, except otherwise agreed, the commission for the job that has been performed must be divided between the two agents in accordance with the work each has invested into the task, and this must result from a previous written agreement.
Art. 20 In any case, when several agents have contributed to the conclusion of a transaction, the commission must be divided between them in accordance with agreements previously made. Otherwise, local customs and regulations will be applied.
Art. 21 The Real Estate Agent must take care not to hang his own advertising signs in the building where another agent has his practice, unless the text of the sign clearly indicates that the transaction is not the same. In any case, the hanging of signs must always be authorized by the client.
Art. 22 In establishing the amount of the compensation due to him, the Real Rotate Agent may not go below those levels established by local customs and regulations. Art. 23 The ethical conduct which governs the relations between colleagues must also be applied to the Association within which the Real Estate Agent works, both on the national and on the local levels.
Art. 24 Should there be discrepancies of opinion or conflicts between Real Estate Agents, they must be subject to the judgment of a Moderator, in accordance with the regulations established in the Constitution. Exception will be made for those cases pertaining to the jurisdiction of the Colleqio dei Probiviri.