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Realtors duties (What to expect from your realtor)

Real Estate Ecuador

The new regulations of the Ecuadorian Commerce Act update some of the laws, including the realtors law published in 1984. Some of the changes include:

The contract with a realtor must be held in writing and signed by both parties, and the contract will include ​its​ length of duration of the contract and will clearly specify the realtor's fees.

Realtors are obligated to:

1.- Not present a contract stating that the agent​, is acting as an exclusive sales representative, and that no other entity can sell the property, without payment to the originally contracted agent. In other words, exclusive listing agreements are not legally binding.

2.- Promote or sell pre-construction real estate offerings​​, without​​ enough economic assurance/warranty from the developer or the seller​ for its completion​. This means the realtor will have to perform due diligence ​in order to confirm the seller/developer has enough funds to successfully complete the project.

3.- Promote or sell real estate ​property at the planning stage​, (OFF PLAN), of a project (Condo, urbanization, etc)​, without making sure the developer has formed​/created​ a trust, (fideicomiso), to guarantee either the project termination or the reimbursement of funds​ in the case that the property cannot be delivered as contractually promised​.

4-. Communicate all the circumstances and conditions of the real estate property, which they are marketing, to the interested buyers, especially ​all ​the information ​which​​ will have a significant impact on the decision of the possible buyer.

5.- Keep records of all transactions handled by the realtor including the name, address, date, value, (sales price)​. ​and the exact description​ of the properties​ listed with realtor.

If you have questions about hiring a realtor email us at to learn about your rights as client / seller / renter.

The EcuaAssist Team

Disclaimer: The information provided on this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this Article may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; EcuaAssist, staff do not recommend or endorse the contents of the third-party sites. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

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