Ochrona konsumencka
Among the clients of real estate agencies prevail consumers, so those who sell, buy or rent properties just „for themselves”, in a way that is not associated with their businesses. The consumer is a special entity on the market, who has special rights in dealing with the entrepreneur.
Every entrepreneur, and among them every real estate company, should have regard to the less knowledge and experience that a consumer has the right to possess and shoud take into account the consumer’s right to make decisions based on their own judgment. The legal system protects consumers in their dealings with entrepreneurs, assuming that one cannot demand from the consumer the specific knowledge of the more and more complicated market. Therefore, the consumer has special rights in dealing with the entrepreneur (and so with the real estate agents), the more so in a situation where the consumer has no real influence on the content of the brokerage agreement. And this will be the case in the vast majority of cases, as the brokerage agreements are in practice prepared by an agent before. They are so-called adhesive contracts to which the consumer "accesses”. Only sometimes are these agreements individually negotiated.
The consumer also has the right to require the agent who is a professional in his field to perform services according to due diligence and the rules of fair competition, respect for good faith and legitimate interests of other entrepreneurs and consumers, which also results from the relevant legal regulations.
The consumer therefore has a number of rights that arise from various laws. The main consumer rights in dealing with estate agents or an agent’s duties corresponding to those rights may include:
- the agent’s obligation to formulate contractual terms in a clear and unambiguous manner,
- the agent’s obligation to draw up contractual terms in line with good faith and in the way of not significantly impairing the consumer's interests and the obligation to balance mutual rights and duties in the contract,
- the agent’s obligation to present in a clear way such information as: basic information about the company, its contact details, the service provided, the total price, the contract period, the complaint procedure,
- in the case of a brokerage contract concluded outside the office (which is often the case), the agreement must indicate a 14-day deadline for withdrawal from the concluded contract without giving any reason. The customer, however, may demand the performance of the contract immediately which means getting rid of his right to withdraw. Such an agreement should also include a withdrawal form,
- the agent’s obligation to perform activities according to due diligence with regard to the character of brokerage services, the principles of fair competition, respect for good faith and the legitimate interests of other entrepreneurs and consumers.
The ASTONS real estate company respecting the majority of our customers who are consumers understands their rights granted by law and makes every effort to run business in accordance with law.
