Below we explain the code of conduct of a real estate professional with clients, owners and colleagues in Spain.
This code of practice is designed to promote the highest standards of service in the practice of real estate.
1. Members ensure that they, and all their employees, comply with this code of practice as well as the real estate legislation in their respective countries.
2. No member shall discriminate against or deny equal professional services to any person on the grounds of race, creed, sex or country of origin.
3. In the practice of his profession, the estate agent shall be guided by moral principles and shall refrain from any action which would bring disrepute to himself or to the profession.
4. Each member shall become an expert in his field of activity and in the real estate market, and shall keep his knowledge of the law up to date.
5. He must always be objective and pay scrupulous attention to the details of the necessary information and descriptions of the properties under assignment.
6. A real estate agent should not accept special work outside his field of expertise unless he secures the assistance of a specialist in this particular domain.
7. All publications must be within the standards of fairness, decency, accuracy and honesty as required by Community legislation. Each real estate agent shall maintain confidentiality of matters, shall be informed during the performance of his duties.
8. No estate agency shall take a deposit or otherwise hold client money unless it is covered by adequate insurance. He/she shall deposit all money in individual accounts for each client and immediately account for the overall amount of the money.
9. All members are advised to insure against professional inconvenience.
11. Members are required to act in the best interests of their clients at all times. They must disclose immediately if they are acting in the role of "seller of property" or if there is a particular interest in the transaction.
12. An estate agent must not deliberately misrepresent the potential sale and purchase prices or rental income of the property to an owner in order to profit.
13. An estate agent must not directly or indirectly harass a property owner with intent to act on his behalf.
14. No real estate agent should offer for sale or rent any property without first having the written permission of the owner. The commission and the duration of the mandate must be clearly stipulated in writing.
15. Real estate agents are not permitted to offer property to other colleagues without the permission of the owner. The member shall be responsible for ensuring that any other manager appointed by the member complies with this code of practice.
16. No member shall misrepresent the existence or conditions of any prospective purchaser.
17. The estate agent must communicate to owners exact details of all offers received for their respective properties as soon as possible and then confirm them in writing.
18. The members of this real estate association ensure the utmost respect and security of the properties entrusted to them and their interiors.
19. Members are expected to behave as good companions with real estate agents, to ensure fair competition, and that courtesy and respect always govern their relations.
20. Members are not authorized to solicit business or conduct business from clients of an estate agent without the explicit permission of the estate agent.
21. Real estate agents should refrain from making unfavourable comments about clients.
22. When transactions are concluded through more than one real estate manager, members are not permitted to solicit business or conduct business from clients of a real estate manager without the explicit permission of the real estate manager.
23. A member may report to the Board of Directors any objection it may have concerning the actions of a fellow member from another country and any discussion between fellow members shall be resolved by the association.
Real estate agents shall carry out their professional activity with the diligence befitting a good and loyal manager and agent, and shall conduct themselves in accordance with these rules of professional conduct.
An estate agent shall base his or her professional relationship with the client on the principles of trust, respect and confidentiality with regard to the confidential information he or she receives.
He/she shall ensure the truthfulness and accuracy of any information he/she provides, stating immediately whether he/she is acting as an estate agent or in his/her own interest.
Estate agents shall represent, defend, protect and support the interests of their clients and shall refuse any assignments that involve a conflict of interest with their own affairs or those of other clients they deal with.
A real estate agent must perform their professional duties responsibly and diligently, and must not accept any commissions or assignments if they do not have the appropriate qualifications required, without prejudice to being able to attend to them when they can complete their service immediately with the help of other professionals or experts for the proper completion of the assignment entrusted to them. Likewise, and notwithstanding the provisions of the foregoing rule, they must endeavour to carry out their work objectively, respecting the legitimate interests of persons other than their client with whom they contract.
The responsibility referred to in this rule and the observance of this code of ethics implies that of its observance by the employees of the real estate agency, who shall be liable for their behaviour insofar as it constitutes "culpa in vigilando".
Real estate agents must maintain an attitude of communication with other professionals in the same activity, trying to cooperate in strengthening the bonds of union and companionship between real estate agents.
An estate agent is not allowed to do business or enter into negotiations with the clients of fellow agents, if he/she is aware of this and does not warn the said colleague.
Real estate agents must carry out their activity in a way that safeguards the prestige of the profession, avoiding attitudes, conduct, methods and behavior that are detrimental to the dignity of the profession, taking care to always scrupulously comply with current legislation and to attend to the interests of consumers and users.
An estate agent shall exercise his or her profession as an estate agent in a personal capacity, without prejudice to the social formulas used for commercial exploitation.
A real estate agent must comply with the regulations of the statutes, informing the same of the actions in which they are involved as such, if so required.
Likewise, a real estate agent must respect the statutory regulations and the codes of ethics or honour of the confederations.
