Pay attention to these tips when getting support by a real estate agent:
Contact a registered real estate agent
Make sure the person you are dealing with is a real estate agent regularly enrolled in the Intermediary register at the Chamber of Commerce, as required by the Law 3/2/1989 n. 39 (and subsequent amendments and additions). Better still if the subject it is also registered with a trade association, cause it means the subject must respect disciplinary codes and professionalism guarantees.
Use the forms registered at the Chamber of Commerce
Request the use of forms registered at the Chamber of Commerce (ex L.39 / 89), both for the definition of an assignment and for the subscription of a proposal. These forms must: be clear and easily understandable
- contain the real estate agency or broker registration details in the role of the Intermediary
- indicate the object of the contract: purchase proposal, mediation assignment etc.
- indicate any mortgage registrations or other restrictions on the property
- specify the compliance of the property with the building and urban planning current regulations
- indicate the name of the owner and the title of ownership
- indicate the term within which the definitive act must be drawn up
- to be filled in all their parts, by ticking those not used
- be countersigned by the mediator with whom the negotiation was conducted.
Writing down everything
Always write down all the details of the agreement, in particular, in the case the proposal is accepted, ask the agent a written notice.
Agree on the mediator commission
If students use qualified brokers (whose role can be verified by asking them for a Chamber of Commerce certificate), before signing any document they should enquire about the amount of the commissions requested by the agents and ask to sign the lease agreement only in the presence of the owners, after checking their identity document and, if possible, their title of ownership or, at least, proof of availability of the property. The form must also clearly states which are services included in the commission and which are excluded, write it down.
The commission is a mediator's right, therefore, be careful of professional services at zero cost, because they often hide abusive or, in any case, deprived services of guarantees for customers.
Good to know:
The mediator has the right to get his commission on both the landlord and the tenant, this is a guarantee of neutrality and impartiality of the professional.
Set a reasonable duration for the assignment
Pay attention to the reasonableness of the duration of the assignment (three months can be a generally reasonable period) and to the period of validity of the proposal, which should preferably not exceed fifteen days (deadline within which the landlord or tenant have to give the acceptance), except in special cases that must be specified and clarified in the proposal.
A fair contract
A fair contract must not contain the following customer restrictions:
- the penalty clause, if imposed on the customer, in case of delay or failure payment of the commission, a manifestly excessive compensation
- the dispute resolution clause, if states as competent court a location other than the customer’s residence
- notice of cancellation of the assignment, if the term for the communication is too early compared to the deadline of contract
Instead, a fair contract should include the following commitments for the real estate agent:
- publications at his expense the advertisements that appear in a newspaper, weekly or trade magazine, ecc
- posting of a poster at the headquarters of the real estate agency, with the description and the plan of the apartment for the duration of the assignment
- tel number to be contacted to get info
- possibility for those interested to be accompanied to visit the property
- request to the owner of all the necessary documentation,
- assistance to the customer if necessary the inspections at the Technical Offices, the Financial Offices and Real Estate Registries
- to check with the Administrators of the existence of condominium expenses arrears or expenses for extraordinary interventions.
Gather all information to decide.
Make sure you have all the necessary and useful information to decide. In particular, do not hesitate to request information on the general characteristics of the property (e.g. the degree of accessibility by disabled people) such as urban planning equipment and social networks in the concerned area (schools, hospitals, public green areas, libraries).
- Q: What’s a reasonable commission that an intermediary agency should ask for?
A: It does not exist a chart, the broker or agency is free to ask as much does they want; anyway a suitable percentage is between the 10-15% of the annual rent. We suggest you to clarify from the beginning what’s the intended commission the broker/agency requires from you.
- Q: Does the broker/agency has the duty to give you any support also after the contract has been signed?
A: In actual facts no, the broker/agency terminates its work once you have signed the contract with the landlord. By the way: some agencies might still give you an help, especially if it’s about any matters they were the contact person of.
- Q: Is there any chart that establishes how much can be the cost of the different bedrooms in a shared apartment?
A: There are no actual rules no establih the cost of every different rooms, depends on the case, this can be up to the landlord or the housemates can decide together how much each of them should pay.
- Q: Which one is the formal way to give notice to the landlord about my early withdraw from the contract?
A: It depends on the contract, usually it must be given through registered letter.