The real estate brokerage is regulated by Act LXXVIII of 1993 on certain rules the rental of flats and premises and their alienation.
Section 64/C (5) of this Act can be highlighted, as it stipulates that a lawyer is entitled to perform real estate brokerage activities and to prepare related transaction documents (assuming that in view of their knowledge of real estate law and experience in real estate transactions) without a professional qualification obtained in a separate professional real estate brokerage course. .
The relevant additional provisions highlighted in the legislation are the following:
Real estate brokerage, real estate appraisal and mediation *
64 / A. § * (1) * Business-like real estate brokerage activities may be pursued on the basis of a notification submitted to the real estate company supervisory authority pursuant to the Act on the General Rules for the Commencement and Continuation of Service Activities.
(2) Within the scope of its activities, a real estate agent shall:
a) by mediating the sale and exchange of real estate (built-in land or real estate built with a residential or non-residential building),
b) by arranging the lease and exchange of ownership of dwellings and non-residential premises, plots of land,
(c) tracing properties and estimating their turnover in order to perform their tasks; and
(d) obtaining and preparing the documentation and documents necessary for the conduct of the transactions
perform related tasks.
64 / B. § * (1) * Business-like real estate appraisal and brokerage activities may be carried out on the basis of a notification submitted to the real estate company supervisory authority pursuant to the Act on the General Rules for Commencement and Continuation of Service Activities.
(2) Within the scope of its activities, the real estate appraiser and intermediary shall:
a) by determining the values according to the utilization of the real estate (buildable plot or real estate built with a non-residential building) in the knowledge of the real estate market and the characteristics of the real estate,
b) using the concepts, methods and procedures defined by European Valuation Standards,
(c) using evaluation forms and their variants,
d) directing and supervising the work of the experts involved in the evaluation,
(e) performing the tasks assigned to it and fully documenting the results; and
f) by preparing a study presenting the realization of the utilization and investor intentions and the enforcement of the principal's interests
perform related tasks.
64 / C. § * (1) Business-like real estate brokerage or business-like real estate appraisal and brokerage activities may be performed by a person who has a professional qualification specified in legislation issued on the basis of this Act and meets other conditions specified in this Act or legislation issued on the basis of its authorization. has notified the real estate undertaking supervisory authority of its intention to engage in real estate brokerage or business-like real estate appraisal and brokerage activities in accordance with the Act on the General Rules for the Commencement and Continuation of Service Activities.
2. No person may engage in the activity of real estate agent or real estate appraiser and broker who:
a) has a criminal record,
(b) is the subject of a final judgment which prohibits such conduct, or
(c) may not be a senior official of a company.
(3) The notification of the activity of real estate brokerage or real estate appraisal and brokerage shall contain the natural personal identification data, address, notification address, number of the certificate (diploma) certifying the professional qualification of the applicant and the certificate certifying the professional qualification shall be attached thereto.
(4) The business of real estate brokerage or real estate appraisal and brokerage may be carried out, after notification, by an economic entity of which at least one person or employee is a person, in the case of a sole proprietor, if the activity is not performed by at least one - has notified the real estate undertaking supervisory authority of its intention to carry on the business real estate brokerage or real estate property valuation and brokerage activity in accordance with the Act on the General Rules for the Commencement and Continuation of the Service Activity and has fulfilled its legally established public debt arising in connection with such activity, and complies with other conditions specified in legislation issued pursuant to the authorization of this Act.
(5) * With the exception of turnover valuation and real estate appraisal, a lawyer and a legal adviser to a chamber shall be entitled to perform real estate brokerage activities and to prepare related transaction documents without the professional qualification referred to in subsection
64 / D. § * (1) * In the course of the procedure for registration and deletion in the register of natural persons and business organizations engaged in business-like real estate brokerage or business-like real estate appraisal and brokerage activities, documentary evidence is required.
1a. * The register referred to in paragraph 1 shall contain, in addition to the information specified in the Act on the General Rules for the Commencement and Continuation of Service Activities:
(a) the name and registered office of the employer of the natural person pursuing the service activity,
b) an indication of the language used in the course of the service activity,
c) the identification number of the professional qualification of the natural person authorizing the exercise of the service activity in the National Training Register, the number of the certificate, the designation of the issuing institution, the place and date of issue,
d) the company registration number of the service provider, in the case of a sole proprietor the registration number,
e) the name and place of residence of the person authorized to represent the service provider, in the case of a sole proprietor,
f) in the case of a service organization, the name of the person or employee who is personally involved in the provision of the service activity,
g) the date of registration,
(h) its registration number.
1b. * The data contained in the register referred to in paragraph 1, with the exception of paragraph 1a (c), shall be public.
1c. * The supervisory authority of the real estate undertaking shall process the data contained in the register pursuant to paragraph 1 until it is deleted from the register.
(2) The name, notification address, name of his / her professional activity and registration number of the registered natural person, sole proprietor shall be public, of which anyone may request information. Any additional information in the register may be communicated to the court; the provision of information to another third party shall require the written consent of the natural person concerned.
(3) A natural person or sole proprietor shall be deleted from the register:
(a) who has died or is requested to be canceled,
b) * who has a criminal record,
(c) who is the subject of a final judicial decision prohibiting such activity.
(4) * The person entered in the register shall inform the determining authority of any change in the information contained in paragraph (1) within ten days of the change.
(5) - (6) *