Code of Ethics - D'Amico Real Estate

Art. 1 – FINALITY

This Code of Conduct sets standards aimed to qualify the companies Real estate in accordance with principles of fairness, respect, professionalism and transparency to protect customers and the work and the profession of real estate brokers to safeguard the interests of both parties in the following operations Business:

property purchase
residential rental
lease for use other than residential (commercial)
sale and rental of business (and business unit)
lease for tourist homes and apartments.

Art. 2 – REFERENCE STANDARDS

The exercise of the profession of real estate broker is regulated by:

Civil Code:

Art. 1176 – Diligence in fulfilling
Artt. 1703-1730 – of mandate (agency activities for consideration)
Art. 1754 - Ombudsman
Art. 1755 – Fees
Art. 1756 – Reimbursement of expenses
Art. 1757 – Fees in contracts conditional or invalid
Art. 1758 – Multiple mediators
Art. 1759 – Responsibility of mediator
Art. 1176 – Diligence in fulfilling
Art. 2645 bis – Transcript of preliminary contracts

Other legislation:

Law no. 39/89 “Changes and additions to the Law of 21 March 1958 n. 253, concerning the regulation of the profession of mediator”
D.M. n. 452/1990 “Regulations for the implementation of the law 3 February 1989 n. 39, on the regulation of business agents in mediation”
Law no. 57/2001 – art. 18;
Legislative Decree. n. 196/2003 “Code concerning the protection of personal data”
Legislative Decree. n. 122/2005 “Provisions for the protection of property rights of buyers of properties to be built in accordance with the Law of 2 August 2004, n. 210”
Legislative Decree. 206/2005 “Consumer Code, in accordance with art. 7 of the Law of 29 July 2003 n. 229”
Art. 35, paragraph 22, of Decree Law n. 223/2006 converted into Law no. 248/2006 (reporting obligation in the conclusion of the intervention of the estate agent)
Law no. 248/2006 "Conversion into law, with amendments, Decree-Law 4 July 2006, n. 223, containing urgent measures for the economic and social recovery, containment and rationalization of public spending, and measures concerning revenue and fighting tax evasion ", art. 2: urgent measures for the protection of competition in the professional services sector;
Law no. 296/2006 (Finance Act 2007), art. 1, paragraph 46 (new obligations realtors)
Legislative Decree. N. 231/2007, as amended (anti-money laundering requirements)
Legislative Decree. N. 59/2010 "Implementation of Directive 2006/123 / EC on services in the internal market", art. 73
Legislative Decree n. 28/2010 "Implementation of Art. 60 of Law 18 June 2009 n. 69 on mediation aimed at reconciliation of civil and commercial disputes;
Art. 13 of Legislative Decree. N. 28/2011 (energy certificate)
Ministry of Economic Development Decree 26 October 2011 "How to register in the register of companies and individuals operating in the REA of the activities of broker governed by the law 3 February 1989, n. 39, pursuant to Articles 73 and 80 of Legislative Decree 26 March 2010, n. 59"

Art. 3 – COMPLIANCE WITH THE CODE OF CONDUCT

Adherence to the Code is open to any individual company, duly registered in the Register of companies, which carries on business of real estate brokerage in the province of Lecce.

The adhesion, voluntary, unconditional acceptance of all the provisions of this Code.

The Chamber of Commerce of Lecce, which is in charge of overseeing, in collaboration with the organizations participating in the Code, the observance of the same, makes visible the membership by publishing the list of members, which will then grant - in free of charge - a Collective Mark Warranty.

The Chamber of Commerce, also, when the conditions for the adoption of sanction proceedings against the staff of business in mediation, initiate proceedings in accordance with current legislation.

Authorities, institutions and associations and Consumer who helped draft the Code undertake to publicize, through their websites and / or using other means of communication, initiative and the list of members to the same.

The signatories of the Code are committed to ensuring fair and constant collaboration with the institutions, professional associations and other members of the Code of Conduct.

Art. 4 – REVIEW OF THE CODE

The Code of Conduct will be reviewed by the Working Table at the Chamber of Commerce of Lecce every two years or if it deems the need, to reflect regulatory industry.

The updated text will be transmitted - by PEC - Chamber of Commerce to all its members and, within thirty days of receipt, shall be considered fully and tacitly accepted.

The lack of acceptance by the members must be notified in writing to the Chamber of Commerce of Lecce and will also be reason to surrender and inhibiting the use of Collective Trademark Warranty.

RELATION MEDIATOR/CUSTOMER

Art. 5 – BEHAVIOR OF THE OMBUDSMAN AND CUSTOMER

In the exercise of art. 1 the real estate broker and the customer must engage in conduct transparent and / or non-deceptive.

Art. 6 – QUALIFICATION OF THE MEDIATOR

From the first meeting with the client, the real estate broker, or his assistant, will provide its own initiative:

information relating to the qualification of the company's mediation;
proof of his enrollment in the Register of companies for the activity of estate agent;
the performance of the identification card issued by the Chamber of Commerce;
the accession to this "Code of Conduct";
demonstration of any deposit at the Chamber of Commerce of competence of any forms used;
a detailed list of services and benefits together with the estimate of the costs related thereto;
demonstrating the Market Participant fulfills its obligation to guarantee insurance to cover occupational hazards pursuant to art. 18 of Law no. 57/2001;
the broker takes care to state clearly and with maximum visibility within his agency an organization chart relating to the "job description" of employees.

Art. 7 – IDENTIFICATION OF CUSTOMER

Since the first meeting, the client will provide on its own personal information and consent to the processing of sensitive data, if required, also for the purpose of the procedures required by the money laundering legislation.

Art. 8 – RELATIONS WITH THE SELLER AND / OR LANDLORD

The real estate broker must explain carefully and in detail the characteristics of their work.

In determining the purchase price or the rent, in the absence of a specific appraisal estimation, the real estate broker, at the request of the seller and / or lessor, will perform its commercial appraisal of the property in writing, setting out the criteria for the estimate followed and the related calculations, agreeing with the consumer customer, preferably in writing, the eventual cost of the appraisal.

In case of assignment report, the real estate agent will communicate in writing to the customer, subject to their consent, even verbal, all the terms of the agreement, also from an economic (sale price / rent and compensation for the activity of mediation) with accurate specification of its performance and expertise, attaching a copy of this Code of Conduct. (For example: evaluation of the property, examination and analysis of documentation, advertising with insertion of advertisements / promotional display sign at the window of the agency, display sign on the property, accompanying clients interested in viewing the property, periodic sending of the list of clients that have been proposed property, assistance in the search for documents related to the property, drafting preliminary contract / lease, overheads agency).

The text of the letter, binding on the members of the Code, will be unanimously elaborated and made available to the Chamber of Commerce of Lecce.

The real estate broker, against the event of a real interest on the part of the client for the transfer of assignment, exclusive or non-exclusive, must be delivered to the following documentation:

the title of origin, in order to ascertain the properties and availability of the property and the existence of any restrictions, easements or other;
the certificate of fitness for use and / or space, in order to verify the state of the property in accordance with the building regulations and town planning regulations;
elaborate design of the building with the stamp of approval of the project by the independent competent specifying detailed data consistency;
cadastral plans (for buildings), comply with local regulations;
processed planimetric cadastral (in the case of condominium buildings), comply with local regulations;
extract cadastral map (in the case of soil);
self-certification regarding the absence of illegal works or not in conformity with the approved project;
two minutes of meetings of condominium and / or the budgets and final accounts or authorization, in writing, the seller sending / delivery by the administrator of the building of such documents;
EPA (Energy Performance Certificate).
the definition of the transaction (rental or sale), the mediator shall issue the invoice for the fees received.

The real estate broker may request any additional document may explain the texture and / or the legitimacy of the property.

Art. 9 – RELATIONS WITH THE PURCHASER, THE LESSEE AND THE TENANT

To the entities referred to in this article may not claim expenses that have not been previously agreed with the real estate broker.

Excludes the cost (not previously budgeted by the parties) that fall in tourist management of houses where the real estate broker acts with the mandate and bear costs in the name and on behalf of the owner.

Art. 10 – CONTROLS

The real estate broker is required to make at least one mortgage title search at the latest 10 days prior to the date of signing the preliminary contract, ie before the transfer of any sum of money paid in whatever capacity, in the hands of the seller.

Art. 11 – ACTIVITIES

The real estate broker in the management of the business, as a result of appointment, will have to follow the following guidelines:

He must observe the art. 1759 cc which provides: "The mediator must inform the parties of the circumstances known to him, regarding the evaluation and security of the business, which may affect the conclusion of it. The mediator meets the authenticity of the signature of the scriptures and the last turn of the securities issued through the latter";
will be obliged to provide accurate information that does not end in the bond to communicate to the parties any circumstances known to him, but also includes, to provide true and such as to induce the party to not close the deal without the necessary awareness about the characteristics of the deal itself;
It will be held to an obligation to correct information in accordance with their average professional care which includes, in the positive, the obligation to communicate the circumstances known to him or at least knowable with the common diligence that is required to the Ombudsman and, in negative, of not only provide false information, but also information on the circumstances of which has consciousness and that has controlled, because the duty of fairness and diligence to impose in this case to refuse to give her;
He can subscribe to the purchaser - the lessee - renter regular irrevocable purchase - lease - rental, with the precise conditions required for signing the resulting preliminary contract or lease or rent;
must submit to the seller - the lessor, the lessor irrevocable offer to purchase - lease - rental receipt and, if accepted by them, notice to the offeror for the signing of preliminary sale resulting in the time and manner proposed;
in the conduct of the relationship of agent for rental of holiday homes, the real estate broker agrees to manage the property with the diligence and professionalism of good family, respect the instructions given in the mandate and make reporting on the work, subject the respect of the principal obligations of the trustee administering the means necessary for the execution of the mandate (and for the fulfillment of the obligations to that end, the agent contracted in their own name), as well as to repay advances with statutory interest, the compensation they deserve and pay compensation for any damage suffered by the agent as a result of the assignment.

Art. 12 – FORMATION

The mediator in writing to this Code is required to attend annual training events involving the allocation of credit professional.

Art. 13 – DISPUTE RESOLUTION

The companies adhering to the Code of Conduct is committed to offer customers the insertion in the job of sales, in the offer and in the preliminary contract, as well as in the lease, the following clause of Conciliation and Arbitration:

"All disputes arising from this contract will be referred to the conciliation service of the Chamber of Arbitration of Lecce at the Chamber of Commerce of Lecce and resolved according to the Conciliation Rules adopted by this.

If it proves impossible to bring the conciliation or in case of failure to reach an agreement, the dispute will be settled by arbitration administered by the Arbitration Court of Lecce, according to its Rules, which is entrusted with the appointment of the Referee Unique".

Authorities and Associations signatories of this Code of Conduct undertake to promote the use of the conciliation service of the Chamber of Arbitration of Lecce.