Enacted in 2016, Law 13,097 brings important changes to real estate brokerage in Brazil. The document regularizes the work of the broker with real estate agencies and allows him to associate with companies without the need for exclusivity, thus maintaining his work autonomy. In this new scenario, the broker has more security to negotiate, since the registration and standardization of contracts in the trade union becomes mandatory.
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According to lawyer Paulo Viana, specialist in real estate law at MSV Advogados e Associados, one of the articles, for example, changes a provision in the real estate brokerage law. "It is an important modification, which changes, in the text of Law 6,530, of 1978, article 6, to include the possibility for the broker to make an association contract with another broker, or with a real estate brokerage company, for one or several Business. This contract must be registered with the Brokers Union”, he explains.
The measure is beneficial to the professional, in Paulo Viana's opinion, as it provides greater legal certainty in relations between brokers and between brokers and brokers. “The professional ethics of these relationships will be better observed with the legislation and will make the work of 'pirate brokers' difficult, reducing the damage generated for consumers”, he analyzes. For him, the main point of the law is this partnership contract between brokers and real estate companies. "The document contains clauses to regulate the performance of functions and division of results, which must, obligatorily, be registered with the category union, responsible for providing assistance to these relationships."
Today, the realtor can be a self-employed professional who works alone or in a group. When you work in a group, you are associated with other brokers, most often through a real estate brokerage company. According to Paulo Viana, 95% of companies have up to three brokers. “Most of them are very small, the big real estate companies represent a small market share”, he explains. When associating with another broker or with a brokerage, it was already necessary to make a contract, but there was no standardization. Before the law, these agreements were often verbal, without a written document.
The law also creates two new assignments for real estate brokers' unions, which are now required to provide assistance and register this contract, which in itself increases inspection. "The goal is to create one more obligation for the broker and for the broker to be regular." And the challenge, in Paulo's opinion, is to alert the broker to this change, which changes his performance in the real estate market so much. The law, however, does not carry a penalty. But, for Paulo, brokers will join because it is an interesting measure for their performance. “If I start to have a registered contract, this registration gives some publicity to the contract and the certainty of what was agreed between the parties. If it is necessary to go to court to solve any problem, the broker will have a document in hand”, he explains.
The Real Estate Brokers Union of Minas Gerais (Sindimóveis/MG) has already drawn up a draft of the contract with the National Federation of Real Estate Brokers. According to Paulo Maia, a lawyer for the union, the final points are being agreed for the model to be made available on the organization's website. "We intend to provide effective assistance, including giving an opinion on the contract model and checking if there is anything that is not in accordance with the rules." Under the law, the commission for the sale of a property must be 50% for each party, unless otherwise provided. “The parties can stipulate how the work will be carried out and how the results will be divided”, he explains.
As all contracts will be validated by the union, it will be possible to assess whether there are harmful clauses or that mask any employment situation. In these cases, according to Paulo Maia, the union will approve the contract with reservations. “The broker is not obliged to associate with another, nor to enter into the contract, but if he does not do it, it creates legal uncertainty for him and for the owner of the real estate company”, he warns.
