This time we will comment on a ruling that rejects the demand of a real estate agent against the owner who sold a property to a final buyer who had not been presented to the owner by the agency, but who turned out to be the boyfriend of the person who went to the real estate to know and talk about the property. ...

Indications and presumptions: The case of the buyer's veil

Indications and presumptions: The case of the buyer's veil

This time we will comment on a ruling that rejects the demand of a real estate agent against the owner who sold a property to a final buyer that had not been presented to the owner by the agency, but that It turned out to be the boyfriend of the person who went to the real estate to know and talk about the property.

We will present a case of "jump to the agency", in which this is mocked for a couple dating. The mischief of the situation means that all the negotiations with the agency were carried by the bride right up until the day she finally stated that the property she visited on several occasions did not suit her and that she wanted to see more.

the agency knew him, the day after that visit with negative result on the part of the bride, the boyfriend signed a private contract with the owner of the property ... after the first visit. This person never had any relationship with the agency.

For reasons that we do not know, the agency later finds out about the relationship between his "client" and the final buyer (the boyfriend), feels mocked and then poses a demand. Demand that "for more INRI" the agency wins in the first instance and loses in the second.

1 THE CASE THAT OCCUPIES US.
This is a case of " I jump to the agency "absolutely exemplary. But what will interest us the most is not so much knowing why or in the way it happened but the way in which the judge assessed the case. And what we can learn.

SUBSTANTIAL FACTS:
- There is no exclusive contract but it is a custom note. (The judge will use this detail to support his thesis but the fact is that whatever could have been the type of concerted order, "the jump" would have been possible with any type of contract.)
-The property is bought by the boyfriend (INTERESTED 2) of the INITIAL visitor (INTERESTED 1).
-The agency claims the commission from the owner because his client l (the one who visited the house) was presented by the agency, AND BECAUSE HE THINKS THAT THE RELATIONSHIP between the visitor 1 and the final buyer is clear.
-The agency claims the commission before the court and the trial takes place.
-The court rejects the claim of the agency and gives the reason to the defendant.
-The agent loses in the second instance.

2 WHY DOES THE AGENIA LOSE THE DEMAND?
Because the relationship between the visitor or interested 1 and 2, and the intention to skip to the agency, is not credited reliably.

YOU CAN READ THE FULL ARTICLE IN :

Indications and presumptions: The case of the buyer's veil

INMONEWS MAGAZINE, No. 4, April 2018. p. 4.

DISCARD IT FREE HERE .

Social networks for real estate: Organization of work

A good organization is the key to success. Creating only social profiles is not enough for a Social Media plan. In order for our effort in social networks to be fruitful, we must organize our work based on the objectives we seek and from that we will decide with which social networks to work and what ......

Real estate news. title =

They advise to recover deductions for landlords deleted in the 2015 Tax Reform, currently in force, and greater legal protection. The APEI alerts that the situation of the rental of habitual residence has worsened in the last 12 months and extends to all the capitals. July 2018.- The Professional Association of Real Estate Experts (APEI), ......

Real Estate Photography Guide

It is already available in our section of Ebooks in free download our Guide of Real Estate Photography, realized with the collaboration of Inmopc and Your Real Estate Training. In it we emphasize the importance of improving the photographs of the buildings. There is a concept called "sensory marketing" that companies use in order to be original and ......

Finally came the essential regulation of the real estate sector for better consumer protection

The regulation of the real estate sector was a pending issue for more than a decade and the Official College of Real Estate Agents has been working since then to make this a reality, for the benefit of Andalusian consumers. It has already been commented on multiple occasions that "The biggest investment that a ......