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Real estate, eight operators amend provisions considered unfair by Antitrust


PRESS RELEASE


PRESS RELEASE


REAL ESTATE, EIGHT OPERATORS AMEND PROVISIONS CONSIDERED UNFAIR BY ANTITRUST


The Antitrust Authority has confirmed the unfairness to consumers of certain clauses in the contracts used by major operators in the sector of real estate brokerage (Building Case, Frimm, Gabetti, I.R.I. Divisione Immobili, Prelios, Re/Max, Stima Gest and Toscano).

The proceedings were instigated as a result of reports received by some consumer groups.

The Antitrust Authority has examined the standard contract forms used by real estate agents with clients for the appointment of brokerage for the sale or lease of property as well as for the formulation and collection of the irrevocable proposal of purchase or lease of properties.

At the end of the eight investigations, the Authority has found the unfair nature of the terms in particular with the purpose or effect of:

- not making clear and understandable the obligations resulting from the exclusive agreement;

- restricting the contractual freedom of the consumer because of the tacit renewal of the exclusive assignment;

- establishing an unreasonably early deadline with respect to of the expiry of contract to communicate the cancellation in order to avoid the automatic renewal of the assignment of mediation;

- applying to the consumer a manifestly excessive penalty for failure in the event of breach of the covenant of exclusivity, waiver/refusal to contract, failure to finalise the sale, unwillingness to visit the property and revocation of the task;          ;

- limiting the actions or the consumer's rights against the trader in breach of its obligations to the custody of the keys;

- establishing as the place of jurisdiction in case of dispute of a location other than the residence or domicile of choice of the consumer;

- restricting the contractual freedom of the consumer who makes an irrevocable offer of purchase or lease, without indicating a specific deadline by which the broker is required to communicate the proposal to the seller/landlord;

- providing for penalties to be paid by the consumer, irrespective of the existence of a justified reason.

The Authority also welcomed the changes to the contractual models made by the companies during the proceedings in order to overcome the objections of unfairness.


Rome, 28 August 2014