Monday, December 7, 2009

How Do You Verify A Broker's and Salesman's License and Performance Status?

Is there a way to check if a broker, salesman or developer has pending litigations, violations, disciplinary actions, etc?

How about license status (expired, active, revoked, etc.)?

The above is just one of the discussions posted at Balikbayan.Homes where I am a member and I decided to post it here as I consider it very relevant and helpful not only for us brokers but most importantly, to the buyers.

Below are the replies from fellow brokers, their names I will no longer reveal here:

1) "...for background verification call up the office where he is representing, ask for the agent's complete address such as telephone numbers and other details, ask for personal reference ask for his national bureau of investigation clearance, barangay clearance, police clearance and the most important if he can provide a court clearance. if you don't trust or you have doubt with the agent don't transact with him/her.."

2) In checking the performance and licensed status of a certain legitimate real estate licensed broker and licensed salesman go directly to Department of Trade and Industry because they will provide all the information of a certain licensed brokers and salesman regarding pending litigations, violations, disciplinary actions, and including the status of licensed if it is expired, active, revoke. However since we have a new law the REP. ACT 9646-R E S A, which was singed last July 2009 by our Pres. Gloria Arroyo, all duties of the DTI was already transfered to P R C - Professional Regulation Commission and we are only waiting for the (IRR) implementing guidelines which will be ready may be early March 2010. Then the P R C will provide a ROSTER LIST of all certified real estate licensed broker. For more info pls. read the REP. ACT. 9646-RESA. (2009) All complains regarding real estate licensed broker and salesman unethical irregularities will be handle by the Professional Regulation Commission LAWYER for proper investigation and penalties/its either monetary and imprisonment penalties .

Secondly, DTI/PRC dont have any direct control and no LIST of unlicensed or colorum agents/brokers in the real estate market today but the penalty is double compared to licensed brokers/salesman.

“”SEC. 29 of REP. ACT 9646 - Prohibition Against the Unauthorized Practice of Real Estate Service””. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.
NOTE: Pls. see RESA- REP. ACT 9646 for the penalty

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