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News
The Vulnerability of Property Sellers: When Lack of Ethics Endangers Their Interests
 18

  DIC

The Vulnerability of Property Sellers: When Lack of Ethics Endangers Their Interests

⚡️ Introduction

In the complex world of property transactions, owners often find themselves in a vulnerable position due to certain practices by some real estate agencies that, whether out of ignorance or bad faith, can compromise their rights and interests. Such situations highlight a real issue: the lack of protection for consumers in their role as sellers.

💼 The Sales Mandate: A Misinterpreted Tool

The sales mandate is the instrument that legitimizes a real estate agency to act on behalf of the owner. While this document should serve as a cornerstone for establishing a clear and ethical relationship between the parties, its poor management can lead to significant conflicts.

When an owner decides to terminate the sales mandate with an agency, their decision must be immediately respected. This includes the cessation of all commercial and advertising activities related to the property. However, it is not uncommon to encounter situations where some agencies ignore these directives and continue to act as if they have authorization to manage the property, jeopardizing both the seller's reputation and financial interests.

🔒 The Impact on the Consumer-Seller

Such practices create a sense of powerlessness for the seller, who often has to dedicate time and resources to address situations they did not provoke. The most common consequences of these irregularities include:

  • 🔄 Confusion among potential buyers: Interested parties may receive conflicting information, diminishing their trust in both the property and the seller.
  • 💸 Financial harm: Unauthorized commercialization may negatively affect the market price or hinder the success of a formal sale.
  • ⚔️ Stress and emotional fatigue: The situation can lead to interpersonal conflicts and a sense of recurring abuse.

📖 Professional Ethics: The Deontological Code as a Guide

The role of the real estate agent should be guided by strong ethical principles and a clear understanding of their legal obligations. According to the ethical and deontological code of the profession, agents must always act with loyalty to their clients and respect for other professionals in the sector. This involves:

  1. Respecting the client's will: Any change in the contractual relationship with the seller must be implemented immediately and without unjustified delays.
  2. 🔗 Avoiding unfair competition: Acting without authorization or disregarding a contract termination constitutes a flagrant violation of principles of collaboration and mutual respect.
  3. 🕵️‍♂️ Ensuring transparency and accuracy: Information provided to both the seller and potential buyers must be clear, precise, and based on the reality of the current mandate.

When an agency acts without respecting these principles, it not only infringes on the owner's rights but also jeopardizes its credibility and the sector's reputation.

🚨 The Need for Protective Mechanisms

Property owners must be aware of the mechanisms available to protect themselves in such situations. In Catalonia, the Register of Real Estate Agents and the Catalan Consumer Agency are key resources for reporting improper practices. These, combined with the possibility of filing complaints with professional associations, enable sellers to assert their rights.

However, these solutions are reactive and often come too late, after the damage is already done. For this reason, it is essential to promote a culture of prevention and ethical compliance within the real estate sector.

🏢 The Responsibility of the Real Estate Sector

The real estate sector has the responsibility to ensure that relationships between agents and consumers develop within a framework of mutual respect, transparency, and legality. Promoting good practices is not just a legal obligation but also a way to build trust and credibility.

To achieve this, it is crucial to:

  1. 🔧 Encourage continuous training: Professionals must stay up-to-date on current regulations and ethical principles.
  2. 🔒 Establish monitoring mechanisms: Competent authorities and associations must have effective tools to sanction behaviors that infringe on consumer rights.
  3. ✌️ Promote mediation: Disputes between professionals should be resolved quickly and respectfully, always prioritizing the client's interests.

💡 Conclusions

Property sellers, as consumers, should be able to trust that the professionals they work with will always act with integrity and in defense of their interests. When this does not happen, vulnerability becomes a reality that affects not only the owner's rights but also the sector's reputation.

The ethical and deontological code of the profession should be the unavoidable guide for all real estate agents, ensuring that every action is taken with respect, transparency, and responsibility. Above all, it is essential for both sellers and buyers to know their rights and demand ethical behavior at every stage of the process.

When the sector unites to guarantee these good practices, it contributes to building a safer, fairer, and more dignified real estate market for everyone.

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