As in other segments, the real estate sector has strict regulations and rules. Real estate agents don’t just have to comply with rules when signing documents and closing deals. It is of utmost importance to meet all the requirements determined by law when exercising the activity in the country. As we will see below, in the execution of your marketing plan (which addresses the entire process of disclosing the property) it is necessary to act with care and responsibility. Let’s go?
The basics when it comes to advertising a property
When it comes to advertising and negotiating real estate, you need to be aware of the resolutions of the Federal Council of Realtors (COFECI). In the case of this article, we will focus on Resolution No. 1,065 of 2007 (tap to open the document in its entirety) which dictates the standardization of procedures, at the national level, for advertising and documentary dissemination. It is important to remember – the rules change whether you are an individual or a legal entity.
Rules when you are a real estate agent (individual)
Keep an eye on the broker not to suffer fines or penalties.
- The realtor who works as a freelancer is not allowed to use the public name of a fancy name.
- The use of an invented name by an independent realtor is permitted upon registration as an entrepreneur in the public register of mercantile companies (Junta Comercial).
- Realtors registered as individuals must use the terms “real estate broker” in their disclosures.
- The use of adjectives such as “real estate manager”, “real estate consultant” and others are optional and can accompany the expressions described above.
Just a few more rules…
- The realtor registered as an individual must use his full or abbreviated name, not pseudonyms or nicknames.
- The short name can only be used by the realtor if he is registered with the Regional Council of Realtors of the jurisdiction to which the individual belongs.
- Disclosures made by realtors registered as individuals cannot be without the CRECI number.
- The CRECI number in the disclosure must not be less than 25% of the font size in full or short name that is being used by the real estate agent.
- Realtors can use the logo in the publication, as long as it does not characterize it as a fancy name.
- There is no restriction for adding the phone number, e-mail, address, opening hours, etc. to the disclosure.
Rules when you are a realtor (legal entity)
When you have a CNPJ it is necessary to follow some rules.
- For the realtor registered as a legal entity, the public use of the name, corporate name or fancy name is permitted.
- The real name of the realtor cannot be disclosed if he is not registered with the Regional Council of Realtors of the jurisdiction to which the legal entity belongs.
- The fancy name must be in the Social Contract or Registered with the Federal Revenue in order to be registered with CRECI.
- Disclosures made by real estate agents registered as legal entities cannot be without the CRECI number;
- In the disclosure, the acronym CRECI must appear followed by the corresponding registration number and the letter “J” (of legal entity).
Details matter a lot to the realtor
- The CRECI number in the disclosure cannot be less than 25% of the font size of the name, corporate name, or a fancy name that is being used by the real estate broker.
- Realtors can use the logo in the publication without any restrictions.
- There is no restriction for adding the phone number, email, address, opening hours, etc. to the disclosure.
- If, in the publication, the corporate real estate agent wishes to add the name of an individual registered with CRECI, he must also follow the disclosure rules for individual real estate agents.
List adapted from the official document, available in full at: https://www.cofeci.gov.br/arquivos/legislacao/2007/resolucao1065_2007.pdf
Next steps for your success
Now that you are aware of the legislation and know all the rules when it comes to advertising – the time has come to improve your marketing and generate more business.
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