"Law of Real Estate Agent Industry"

Frequently asked questions

1. When does "Law of Real Estate Agent Industry" take into effect? After the law takes into effect, can the person who has no License of Real Estate Agent or License of Real Estate Agent running the real estate agency business? 
"Law of Real Estate Agent Industry" ( Law No. 16/2012) takes into effect since 1st July, 2013. After the law takes into effect, only the holders of License of Real Estate Agent or License of Real Estate Agent can run the real estate agency business.

 

2. After "Law of Real Estate Agent Industry" takes into effect, can the owner and the buyer completed the selling procedures by themselves instead of selling out via the real estate agent? 
Except handling the selling procedures by the real estate, citizen can also completed the selling procedures by themselves. "Law of Real Estate Agent Industry" will only regulate the situation that the selling procedures handling by the real estate agent.

 

3. Are selling parking area and uncompleted real estate regulated by "Law of Real Estate Agent Industry"? 
In accordance with the stipulation of Term 1.1 of article 2 of "Law of Real Estate Agent Industry", "real estate agent industry: the business activity, which is for the purpose of protecting client's benefit by establishing real estate agency agreement, as a result of establishing the following legal acts: (1) obtaining or transfer the ownership of the real estate". Since parking area and uncompleted real estates are also Macao's real estates, if the selling procedures are completed via real estate agent, such procedures will be regulated by "Law of Real Estate Agent Industry".

 

4. How can I know if the real estate agent/salesman is the holder of License of Real Estate Agent or License of Real Estate Agent? 
Citizens can check if the license of the real estate agent or salesman is valid by the following ways: 
(1) Checking the certify copy of license of real estate agent and the business place declaration displayed at the business place. For enquiry, citizen can check the information of real estate agent at Housing Bureau's website. 
(2) When real estate salesman working for real estate business, he/she has to put on the working permission issued by the real estate agent. For enquiry, citizen can check the information of real estate salesman at Housing Bureau's website.

 

5. If I want to sell out my flat via real estate agent, as an owner, should I establish real estate agency agreement? 
After "Law of Real Estate Agent Industry" takes into effect, if client appoint real estate agent for selling or renting out their real estates, he/she has to establish real estate agency agreement with the agent, except the service related to consulting, providing or understanding the information related to the real estate market situation and the real estate which can make a visit to.

 

6. When should the real estate agency agreement establish? 
In accordance with the stipulation of Term 3 of article 19 of "Law of Real Estate Agent Industry", before the establishment of real estate agency agreement, real estate agent cannot provide any real estate agency service, except the service related to consulting, providing or understanding the information related to the real estate market situation and the real estate which can make a visit to. Therefore, real estate agent has to establish real estate agency agreement with client before providing real estate agency service.

 

7. How to establish real estate agency agreement? 
Real estate agency agreement has to be established in written form , and has to be stated the content of Term 3 of article 19 of "Law of Real Estate Agent Industry", especially name of the real estate agent, license number and address of business place, client's name, contact method, the target of the legal acts operated, commission, and the situation that one agent represents the both parties (if any), etc, for the purpose of keeping the transparency and protecting the benefit of the both parties. On the other hand, under the free principle of establishing agreement, real estate agent and the client can also stated another content under the situation that not complying with the "Law of Real Estate Agent Industry" and other laws.

 

8. Is " Real Estate Agency Agreement" same as " appointed purchase contract?" 
No, "real estate agency agreement" is an onerous service agreement which is established by the client and the real estate agent for providing real estate agency service, especially the rights and obligations are stated, and has to be established before providing real estate agency service. In this situation, the involved parties are real estate agent and the client. Appointed purchase contract is established by buyer and the seller, and it is not regulated by "Law of Real Estate Agent Industry".

 

9. If buyer and seller appoint the same real estate agent as their representative, how to protect buyer/seller's benefit? 
If one real estate agent is the representative of both the buyer and seller, the real estate agent has to state such situation in the real estate agency agreement (Term 3 of article 19 of "Law of Real Estate Agent Industry"). The real estate agent should first inform the commission which received from the second party to the first one in written form. Then the first party has to clearly agree to establish the real estate agency agreement. Lastly, the representative has to be inform the second party his/her role and the amount of commission had received/will receive (Term 4 of article 19 of "Law of Real Estate Agent Industry"), for the purpose of protecting the benefit of the clients and assure the fair of such procedures. Otherwise, the real estate agency agreement will be invalid, but real estate agent cannot declared such agreement invalid (Term 6 of article 19 of "Law of Real Estate Agent Industry") .

 

10.How long is the valid period of the real estate agency agreement? After the agreement expired, can the expiry date be extended in the form of establishing "supplementary agreement" or should I establish a new real estate agency agreement? 
In accordance with the stipulation of Term 3 and 5 of article 19 of "Law of Real Estate Agent Industry", if both parties had not stated the expiry date of the real estate agency agreement, the expiry date will be 6 months after the established date. Since real estate agency agreement is an onerous agreement, all the terms in the agreement should be agreed by the both parties. If supplement or amendment has to be made, the content has to be without any conflict with article 19 of "Law of Real Estate Agent Industry" or other related laws.

 

11. Can I establish real estate agency agreements with more than one real estate agent? 
In accordance with client personal need, he/she can establish real estate agency agreement with more than one real estate agent.

 

12. Has "Law of Real Estate Agent Industry" stated the commission equal to 1% of the selling price of the real estate or half of the amount of the rent? 
For the purpose of complying with the free principle of the agreement, and make the regulation of the agreement more flexible, "Law of Real Estate Agent Industry" has not regulated the amount of the commission, the amount of such commission should be decided and agreed by the real estate agent and the client themselves, and the commission and other specific amount of fee, as well as the payment method has to be stated in the real estate agency agreement. Otherwise the agreement will be caused invalid, but the real estate agent cannot declared the agreement invalid.

 

13. When should I pay the commission to the real estate agent? 
In accordance with the stipulation of article 18 of "Law of Real Estate Agent Industry", real estate agent can only receive the commission after establishing the legal act in accordance with the regulation of real estate agency agreement, except the situation that such commission stated in the real estate agency agreement, especially the client need to pay the commission after the legal act which established as the target of the agreement.

 

14. If the client had been established the appointed purchase agreement, but cancelled such agreement before paying the further deposit, will the salesman who handled such agreement receive the commission? 
In accordance with the stipulation of article 18 of "Law of Real Estate Agent Industry", real estate agent can only receive the commission after completing the related legal act regulated by the real estate agency agreement, except the situation that such commission stated in the real estate agency agreement. Therefore, the real estate salesman can receive the commission or not mainly base on the content of the real estate agency agreement.

 

15. If the client does not satisfy with the service provided by the real estate salesman or the real estate agent does not comply with the regulation of the real estate agency agreement, can the client refuse to pay for the commission? 
Since real estate agency agreement is an agreement with legal power, so both parties should comply with the regulation of the agreement. If the client does not satisfy with the service provided by the salesman, he/she can reflect such situation to the real estate agent. If the agent doesn't comply with the regulation of the real estate agency agreement and dispute had been caused, the both parties can solve such dispute by civil appeal.

 

16. If the client , as the owner of the real estate establish the real estate agency agreement with the real estate agent , and appoint such agent to sell out his/her flat, then he/she sells the real estates to his/her friend (not via real estate agent), will the client still need to pay commission? 
In accordance with the stipulation of article 18 and 19 of "Law of Real Estate Agent Industry", real estate agent can only receive the commission after completing the related legal act regulated by the real estate agency agreement, except the situation that such commission stated in the real estate agency agreement. Since the selling procedures are not handled by the real estate agent, so real estate agent has no right to receive the commission, and the client has no need to pay for the commission.

 

17. If the client agree to change the real estate agent, and agree to provide the targeted real estate in the real estate agency agreement to another real estate agent or real estate salesman, should he/she do it in written form? 
For the purpose of protecting the right of the both parties, and avoid the unnecessary dispute, it is advised to do it in written form.

 

18. If the real estate agent has argument with his/her client, as a public organization of supervising real estate agent and salesman, can the client complain the unreasonable matter about the real estate agent and salesman to Housing Bureau? If there is any loss caused by the illegal action of the real estate agent or salesman, how should I claim for such compensation? 
If the client thought that the real estate agent or salesman's behavior is illegal acts stipulated by article 29 of "Law of Real Estate Agent Industry", he/ she can complain and report to Housing Bureau, which will handle the case in accordance with the related laws. However, if the situation is not regulated by the "Law of Real Estate Agent Industry", or "Implementation Rule of Law of Real Estate Agent Industry" , it is suggested that to claim for the loss by legal way.

 

19. If the situation that "One real estate sells out to two buyers" happens, does the client have the right to claim for the compensation of complaining that the real estate agent did not apply for the legal obligation in accordance with the stipulation of article 21 of "Law of Real Estate Agent Industry"? 
For the abovementioned situation, real estate agent may have done illegal administrative behavior, the client should report such case to Housing Bureau, if it is proved that the real estate agent had contravened the related regulation of the obligations of the real estate agent, the agent will be punished in accordance with the stipulation of "Law of Real Estate Agent Industry" . Moreover, the situation that "One real estate sells out to two buyers" is a fraud behavior and may contravene to other laws of Macao Special Administrative Region, so if the client needs to claim for compensation, he/she should claim via judicial way.

 

20. How should I report the action which contravene to the stipulation of "Law of Real Estate Agent Industry"? Should I provide any evidence or other proof document in accordance with the law? 
If any illegal act recognized, citizen should report to Housing Bureau. The method of report the illegal act are commonly by reporting via telephone call, letter or be in person to Housing Bureau. It will have an advantage for us to investigate and collect evidence if any detail information can be provided.