LA INTERMEDIACIÓN INMOBILIARIA.

Abstract

The fact that there is no full, systematic set of laws and regulations on intermediation in real estate deals places the estate agent, the one professional subject to regulation, in a worse position than a good number of companies and individuals in the same business who benefit from unrestricted free-market conditions. And when there are conflicts to be dealt with, the general rules of contracts must be applied, where the wide range of individual cases that may be anticipated will have to be examined to find which business model best fits the needs of the kind of business that is being done. Of course, the precepts regulating sales in general, earnest money and liens in particular, and the theory of unjust enrichment take on special importance in this realm. Furthermore, the realm is one in which a private citizen untutored in real estate deals and the broker's role often learns fast how to avoid discharging his own obligations, even others have acted in good faith and to full legal effect, effectively furthering the private citizen's own ends. This creates more litigation. Naturally, brokers too sometimes prove themselves to be a mere economic burden on the operation. Their negative effect on the rights of buyer and seller may even lead to lawsuits.