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Real estate mediation contract: find out everything about

Anyone who is buying, selling or renting a property can have a great ally in the real estate mediation contract (CMI). Find out how it works and what it’s for!

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What is a real estate mediation contract (CMI)?

pessoa assinando um contrato de mediação imobiliária
Everything you need to know about real estate measurement contracts. Source: Pexels.

The real estate mediation contract serves to regulate and mediate the relationship between a consumer and a real estate transaction mediator.

It's like regulating a property correction act. It applies when a client seeks professional assistance to sell, buy or lease a property.

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Thus, the contract contains the details of the relationship and all applicable rules established by law and by the parties (where they have the freedom to do so).

Therefore, it is a contract that involves a real estate transaction. Whether you want to buy or sell a property, rent it to third parties or yourself, it is quite interesting.

What is the real estate mediation contract for?

The CMI serves to protect the parties involved in the relationship (consumer and intermediary). Also, to clarify rules and details that apply there.

In this way, it formalizes a service provision relationship. The intermediary must be certified by the regulatory authority, while the consumer must only be of legal age.

What does the real estate mediation contract establish?

There are several details that are established in a contract like this. And this is natural, as he is the one who formalizes the rules and details that permeate the relationship.

Purpose of the relationship

Firstly, a real estate contract establishes the objective of the relationship. That is, from the contract itself.

In this case, the CMI may establish that the mediator will assist the contractor in:

  • Purchase of a property or;
  • Sale of a property or;
  • Renting a property (for yourself or for third parties).

Therefore, it determines why the relationship was established, according to what the consumer is looking for.

Furthermore, it is possible that the contract expressly provides information about details that the client is looking for in the property they want. Or, alternatively, the minimum value for sale.

Term

The duration of the CMI contract is also important. He can establish, for example, that if the contract is not fulfilled within X amount of time, it will be terminated. 

Exclusivity or not

Exclusivity is an important point of the real estate mediation contract. It determines, for example, whether only one mediator can try to sell the property or whether others will participate.

This is important, because if exclusivity is established and this rule is not complied with, the contract may be broken for just reason or generate compensation.

Commission

Furthermore, it is important to remember that the real estate mediation contract is still commercial in nature. It establishes a service provision relationship between the mediator and the client.

Therefore, it is also costly. Therefore, the mediator must receive fees for the services provided. They are determined in the contract by the commission.

The commission indicates what percentage of the transaction value will be paid to the broker. For example, if it is a sale, X% of the value of the property will be paid to him.

What data must be included in a real estate mediation contract?

There are several data that are essential in the CMI. They determine important questions about the relationship. Check out the main ones among them:

  • Identification of the property;
  • Characteristics of the property;
  • Identification of the business, that is, whether it is purchased, sold, leased, etc.;
  • Values involved;
  • Exclusivity or not (regime);
  • Remuneration and payment conditions;
  • Additional contracted services, if any (forwarding documentation, for example);
  • Identification of the mediator’s civil liability insurance or financial guarantee;
  • Duration of the contract;
  • Identification of the real estate transaction mediator;
  • Competent forum for possible legal discussions (generally corresponds to the place of residence or professional activity of the parties);
  • Indication of the center for alternative resolution of consumer disputes;
  • Payment limits, as set out in article 63-E of the General Tax Law;
  • Authorization of the Second Contractor to process personal data (Regulation (EU) 2016/679 of the European Parliament);
  • Duties of the mediator in the execution of services;
  • Duties of the contractor;
  • Causes of breach of contract for just reason.

Other precautions when purchasing a property

pessoa assinando um contrato de mediação imobiliária
In the real estate measurement contract, it is necessary to stipulate the average value of the property. Source: Pexels.

The real estate contract is an important part of purchasing a property, but it is not the only one. Therefore, see other essential precautions to make a good deal.

Determine the average value of the property

Before signing the real estate contract, determine the average value of the property and the attributes it should have. For example, region, number of rooms, details, etc.

Still, be realistic. There is no point in establishing an X value for a property with a 2X standard. So, do some research.

Get ready to have the property’s value deposited

The most common thing is that the purchase of a property takes place through real estate financing. Real estate credit is quite comprehensive and can help you achieve this dream.

However, it is important that you have at least part of the value of the property when making the purchase and financing.

Ideally, the down payment corresponds to 20% of the total value of the property. This not only increases the chances of finding good financing, but also lower rates.

Seek quality help

Before signing a real estate mediation contract, seek help from a professional who has experience in the market and understands your needs.

To do this, you can seek recommendations online, as well as from friends and family. After all, the mediator’s services will make all the difference in the success of your venture.

Read the contract carefully and, if necessary, ask a lawyer for an opinion

It is common for contracts to contain specific terms that are difficult to understand. Therefore, reading alone may not be enough.

Before signing the document, a good idea is to ask a lawyer you trust to review it. With this, you guarantee that you know what you are signing up for!

Finally, if you are looking for Housing Credit, see BNI Credit below!

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BNI Housing Credit gives you approval within 24 hours and has an online application, in addition to many other benefits. Keep reading and find out everything about it, including how to request it!

About the author  /  Aline Augusto

My name is Aline Mesquita, I'm a writer here on the blog, where I write about finance in general, as well as other topics. I have been working with content creation for 10 years, with a postgraduate degree in Project Management, with expertise in SEO practices, in addition to studying finance, market trends and cryptocurrencies.

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