Researching the reality at real estate trading floors and real estate brokerage companies in localities, most brokers are individuals who work independently and spontaneously, and few are properly trained.
Notably, some real estate brokers are unprofessional, dishonest, and charge high service fees (from 2-3% of the seller's real estate value and about 1-2% of the buyer's), along with many easy ways to advertise products on social networks and real estate websites to find customers.
Posting fake houses without selling real houses; posting information about selling one house but using pictures of another house; selling a house in one project but advising customers to buy a house in another project...
In fact, brokerage activities have brought certain results, but besides that, some real estate brokerage departments have been negatively affecting the market, losing investors' confidence and losing the image of genuine brokerage forces.
Although there are regulations to punish individual brokers who violate the law, the management of brokerage activities is still "open", real estate brokerage is still a profession with almost no "barriers" to entry or exit.
The above practice shows that there should be a legal mechanism to bind the role and responsibility of real estate brokers in consulting and providing information, including legal procedures of real estate products and projects, in order to protect the rights of investors and home buyers when participating in real estate transactions; especially affirming that real estate brokerage is a profession in society.
Recently, on January 15, Prime Minister Pham Minh Chinh signed Official Dispatch No. 03/CD-TTg requesting ministries, branches and localities to focus on rectifying and handling price manipulation, real estate speculation and inspecting and examining real estate investment and construction projects.
In particular, the Prime Minister requested local leaders to strictly control the issuance of real estate brokerage practice certificates; the activities of real estate trading floors and real estate brokerage service businesses in the area, ensuring transparency and professionalization of these activities, preventing and limiting lack of control that could cause market instability.
Strengthen inspection to promptly rectify, prevent and strictly handle violations within the authority of enterprises, investors, real estate trading floors, enterprises providing real estate brokerage services, and auctioning land use rights in the area, focusing on the legality, conditions, and public information of real estate put into business with abnormal price increases; not to profiteer or disrupt the market...
According to Article 61 of the 2023 Law on Real Estate Business, organizations and individuals providing real estate brokerage services must establish a real estate service business enterprise and must meet the following conditions:
There must be regulations for real estate brokerage services.
Must have facilities and techniques that meet operational requirements according to Government regulations;
There must be at least 1 individual with a real estate brokerage certificate;
Before conducting real estate brokerage business, a real estate brokerage business enterprise shall send information about the enterprise to the state management agency for real estate business at the provincial level where the enterprise is established to be posted on the housing and real estate market information system.
Individuals practicing real estate brokerage must meet the following conditions:
Have real estate brokerage certificate.
Must practice in a real estate trading floor service business or a real estate brokerage service business.
