ANO ANG RA 9646 – AN ACT REGULATING THE PRACTICE OF REAL ESTATE SERVICE IN THE PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES
Maraming daing, hinaing at reklamo ang natatanggap namin na ang nirereklamo ay ang mga iligal na real estate practitioners o yun sinasabing nag-aahente ng mga lupa o lupa at bahay at mga ibang transaksyon sa real estate. Ang RA 9646 ay napasatupad na noon pang 2009 ngunit napakarami pa rin ang hindi sumusunod nito.
Dapat malaman ng lahat na ang pagiging ahente ng real estate ay isa ng propesyon na nangangailangan ng pag-aaral upang makakuha ng licensiya. Ayun sa batas, ang mga di licensiyadong ahente ay di dapat mag-demand ng komisyon o kabayaran sa pag-benta ng bahay o lupa.
Napakabaha ng batas kung aming ilalahad ng kabuuan, ngunit ang mga sumusonod ay importanteng probisyon ng nasabing batas para sa ating lahat.Basahin ang na snipets ng batas na RA 9646 o ang tinatawag na RESA Law (hango sa website ng CREBA)
Implementing Authority
Professional Regulation Commission (PRC) through the Professional Regulatory Board of Real Estate Service Professional Regulatory Board of Real Estate Service – to be organized 6 months from effectivity of Act Composition: 5 members to serve for 3 years (one to serve as Chairperson) 3 from private sector (recommended by integrated professional organization of real estate service practitioners) 2 from government sector (government assessors/appraisers)
PRC : SALIENT FUNCTIONS
1. Supervise and regulate the registration, licensure and practice of real estate
service
2. Issue, suspend, revoke or reinstate certificate of registration or professional identification cards
3. Safeguard and protect legitimate and licensed real estate service practitioners
4. Conduct licensure examination
5. Administer oaths and affirmations
6. Prescribe, in cooperation with CHED, essential requirements as to the curricula and facilities to open up courses in real estate service Prescribe guidelines and criteria for the Continuing Professional Education (CPE)
7. Screen, issue and monitor permits/accreditation to organizations in
the conduct of seminars
8. Monitor and supervise activities of accredited and integrated professional organization and other associations
9. Hear or investigate any violation of this Act
License : valid for three years
Licensing Requirements: (1) passed the real estate examination conducted by PRC (2) Oathtaking attendance/participation (3) Payment of Fees prescribed by PRC (4) Professional Indemnity (5) Insurance/Cash or Surety Bond every 3 years not less than P20,000 (Brokers and Appraisers) (6) Attendance in CPE program (7) Member of the accredited and integrated professional organization of real estate service practitioners (8) Certificate of Registration & Professional Identification Card willbe issued
Continuing Professional Education (CPE)
Board shall develop, prescribe and promulgate guidelines on CPE
Board shall create a CPE Council composed of chairperson coming
from the Board, a member from the accredited and integrated
professional organization and a member from the academe
Examination
(1) Conducted by the Board at least once a year (2) All applications for examination shall be filed with the Board which shall assess and approve said applications and issue corresponding permits (3) Scope of examination for real estate brokers, appraisers and consultants will be based on Article III of RA 9646 concerning coverage of exam (4) Passing Rate : must obtain 75% in all subjects with no rating below 50% in any subject (5) Results of Examination shall be released 10 days from the last day of examination
Licensing/Examination Requirements:
(1) Citizen of the Philippines holder of relevant bachelor’s degree from a state university or college or other educational institution recognized by CHED; PROVIDED, that as soon as a course leading to a Bachelor’s degree in Real Estate Service is implemented, the Board shall make this course a requirement for taking the licensure examination
(2) Of good moral character and must not have been convicted of any crime involving moral turpitude
Salesperson:
– No examination but will be accredited by the Board
– Completed at least 2 years of college
– Undergone training and seminars in real estate brokerage as required
– Shall be under direct supervision and accountability of a real estate broker
Additional Provision on Salesperson (employment) :
A real estate broker shall be guilty of violating this Act for employing or utilizing the services of a salesperson when he/she has not secured accreditation from the Board prior to such employment No salesperson shall be entitled to receive or demand a fee, commission or compensation other than the duly licensed broker who has direct control and supervision over him No violation of this provision shall be a cause for revocation or suspension of certificate of registration of the broker unless there was actual knowledge of of such violation or the broker retains the benefits, profits or proceeds of a transaction wrongfully negotiated by the salesperson
Prohibition against the Unauthorized Practice of Real Estate Service
No person shall practice or offer to practice real estate service in the Philippines…..unless he/she passed the licensure examination given by the Board, holder of a valid Certificate of registration and professional identification card or valid special/temporary permit and paid the required bond
Every registered and licensed real estate service practitioner shall establish and maintain a principal place of business and shall conspicuously display therein the original or certified true copy of certificate of registration along with its real estate practitioners employees
All real estate service associations shall be integrated into one national organization