Code of Ethics and Conduct for Members of Toscana Houses
WHEREAS:
- The Real Estate Agency Ercolani S.r.l., located in Montepulciano (Si), via di Gracciano nel corso n°101, VAT number 01004000525, and registration as mediator number 482 with the Chamber of Commerce of Siena, hereinafter referred to as the manager, organizes the Toscana Houses Network.
- The purpose is to facilitate, through its intermediary services, the conclusion of contracts, including the establishment and management of an internet portal with reserved areas (accessible via password) for entering data from other real estate agencies.
- Specifically, the Manager allows access and the insertion of real estate listings within said portal by third-party real estate agencies, referred to as guests.
- THAT the guest agencies must meet the legal requirements to practice as Real Estate Agents.
- THAT registration in the mediator's role is a necessary and essential requirement for the practice of a Real Estate Agent and, therefore, to be part of the Toscana Houses network.
- THAT the manager only grants entry into the network to professional real estate agencies with a collaborative spirit, selecting them at its sole discretion.
- THAT the manager grants exclusive geographic areas to guest agencies, committing not to insert other guest agencies in the network within the area of an already inserted guest agency.
- THAT guest agencies commit to respecting the territorial assignments for the insertion of real estate listings.
- THAT the manager provides its structure for facilitating information exchange between guest agencies.
- THAT the manager has developed and made available tools for the exchange of requests and offers among guest agencies.
- THAT guest agencies, in their professional activities, adhere to moral principles to provide a correct service and avoid activities that violate the principles of loyalty, loyalty, and diligence.
- THAT guest agencies, when acting under the laws governing their profession, must avoid any misunderstandings to achieve a balance of interests between parties and respect the subsequent rules of behavior with network colleagues.
- THAT these rules of conduct are binding for all those who gain entry into the Toscana Houses network.
Given the above, an integral part of this Code of Ethics and Conduct are the following rules of behavior.
Article 1
The guest agency undertakes to enter a substantial number of listings for which they have a sales mandate; the mandate, even if irrevocable, must be finalized over time.
Article 2
The guest agency undertakes to enter only properties located in its own geographical area and to keep the entered data up to date.
Article 3
The guest agency, if it has a request for a region in Tuscany or Umbria where it is not operating, will prioritize the agencies belonging to the Toscana Houses network when searching, using the manager as an intermediary.
Article 4
The guest agency has the option to enter and view properties in a special reserved area of the portal, accessible only with a personal password. To protect the absolute confidentiality of the data entered in this area, the following rules must be followed, under penalty of immediate exclusion from the network:
- It is not allowed to disclose the access password to others for the Reserved Area.
- It is not allowed to print, send via email, or disclose in any way texts or photos related to properties contained in this area.
- For further information on properties seen in this area, contact only the manager.
- Immediately remove a property entered in this area upon receiving news of its sale or suspension.
Article 5
The contracts concluded between the parties brought into contact through the intervention of the "manager" will be regulated as follows:
The selling party will arrange each intermediary commission directly with the "Guest" Agency. The buying party will arrange each intermediary commission directly with the "manager," meaning that each party will receive their commission from their client in relation to the work performed by each.
Article 6
The manager makes its staff available to guest agencies to assist clients, accompanying them on property visits, and, if necessary, also during the contractual phase.
Article 7
The guest agency must promptly report the outcome of visits conducted in the absence of the manager's representative; in this case, in the event of a concluded transaction, the commission must be calculated in relation to the work performed by each, providing a higher share for the guest agency of 1%.
Article 8
The guest agency commits to providing periodic updates on the progress of ongoing negotiations with clients brought by the manager.
Article 9
If a guest agency finds, in the manager's property listings or through the manager, a property that fits the needs of their own client, they must verify, by asking the manager, whether said guest agency is available for a potential transaction with their client. In this case, upon the successful completion of the transaction, the total commission (both buyer and seller parts) must be equally divided among the guest agency with the buyer's part, the guest agency with the seller's part, and the manager.
Article 10
It is the right of the guest agency with the seller's part to reject a request that does not come directly from the manager but from another guest agency.
Article 11
The recognition of a commission for the manager and the agencies that have collaborated in a transaction does not expire if the transaction is concluded after some time.
Article 12
If the guest agency proposes an alternative property to a client coming from the manager, the recognition of a commission for the manager does not expire.
Article 13
The guest agency must act toward colleagues with loyalty, avoiding actions that would gain them an advantage at the expense of colleagues.
Article 14
In the event of disagreements or conflicts between guest agencies, these must be brought to the attention of the manager, who will assess the responsibilities of each guest agency at his sole discretion, implementing any immediate exclusion from the network if a violation of one of these rules of conduct is confirmed.
Article 15
The Guest Agency declares that it will indemnify the Real Estate Agency Ercolani S.r.l. from any and all claims made by third parties relating to the management and processing of data entered on the site.
