General Contractual Terms And Conditions In Estate Agency Contracts
Decree-Law 102/2017 of 23 August came into force practically one year ago. Its objective was to simplify and harmonise the consumer information obligations and to make changes to the initial wording of articles 16 and 32 of Law no. 15/2013 of 8 February - this law establishes the legal framework that applies to operating as an estate agency. Decree-Law 102/2017 transfers the power to validate estate agency contracts with general contractual terms and conditions from the Directorate-General of the Consumer (Direção-Geral do Consumidor - DGC) to the Institute of Public Markets, Real Estate and Construction (Instituto dos Mercados Públicos, do Imobiliário e da Construção, I. P. - IMPIC). The Decree-Law also establishes that this obligation is one of simply depositing the form when the form of estate agency contract «to be approved by ministerial order» is used.
Now that Decree-Law 102/2017 is one-year-old and more than five years have passed since the entry into force of the (new) legal framework on access to operating as a real estate agency, Ministerial Order 228/2018 of 30 August has finally been published and came into force on 14 August.
Besides approving the form of the estate agency contract, this ministerial order seeks to bring long-awaited clarity as to the terms that bind estate agencies in relation to being exempt from the prior approval procedure and the procedure to obtain the necessary validation of its own forms of contract in cases in which the prior approval of the IMPIC is still required.
EXEMPTION FROM THE IMPIC PRIOR APPROVAL PROCEDURE
Estate agencies that opt to use the form of contract published in ministerial order 228/2018 of 13 August are exempt from submitting the estate agency contract for prior approval.
Nevertheless, at least 5 days before using the standard form, those companies will have to send the IMPIC, by email to firstname.lastname@example.org - available at the IMPIC website in editable format - a copy of that contract with the following information filled in:
Full identification of the estate agency: company name, company identification number (NIPC), registered office, AMI licence number); The estate agency's email address. III. PROCEDURE TO VALIDATE CONTRACTS NOT EXEMPT FROM PRIOR APPROVAL
Estate agencies that...
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