Right and Obligation of Property Brokerage Company

Property Agent - Lekslawyer

Are you involved in property brokerage field? Property Brokerage Company operated the sale and purchase broker, leasing broker, research and assessment, marketing, and consultancy and information dissemination that related to property base on employer or client instruction under contract agreement. In Indonesia, the right and obligation for property Brokerage Company regulated under Minister Trade Regulation no.33/2008. The company is able to take the limited ability form, cooperative, CV, firm, and individual.  Based on the regulation, there is right and obligation that must filled by the company.

Right of Brokerage Property Company

From the regulation, under article 2 from Permendag No 33/M-DAG/PER/8/2008, there is right of property brokerage company that able to perform such activities;

  1. sales and purchase property service;
  2. lease property service;
  3. services of research and assessment;
  4. services of marketing;
  5. services both of consulting and information dissemination.

 The activities beyond are only available carried by national company. The national company are able to cooperate with foreign company by using franchise system. With franchise system, the company needs to make written agreement with their clients.

The property brokerage company is entitled for receiving the compensation due to their services. In terms of sale and purchase service and leasing property service, the company is able to receive compensation in form of fee commission at least 2% from the entire transaction value.

Obligation of Company

The obligation of property Brokerage Company is able to divide into three categories. The obligation name is related to expert, property brokerage license (SIU-P4), and reporting.

  1. Expert is someone that has special skills and expertise in property field and this evidence by certificate license. The certificate should issued by an accredited certification institution as “Expert”. The property brokerage company requires at least 2 expert in their company and if the company has branch office, there should be at least 1 expert that able to serve service at their branch office.  The property brokerage company that collaborates through franchise system, the franchisee company should at least have 2 expert and 1 experts for subsequent franchisee company.
  2. Siu-P4 is license for property Brokerage Company that should re-register every 5 years. This obligation should fulfill by company, excluded the company branch office. With this license, the property brokerage company are able to run in under law and regulation from government. This license is available for property company, firm, even for person.  They should write report their years sales.
  3. Reporting is company activities that need to submit every year to Director Business and Development and Corporate registration(Director of BD and CR) that required to submit by company that has already with SIU-P4. The Director of BD and CR is part of Directorate General of Domestic Trade, Department of Trade that responsible and charge for Business Development and company registration area. In case of condition where company owner, manager or any person that charge in the company are not conduct for business activity, he should submit writing report for at least 3 month from the business activity date of termination. 

Exori Claudia Isura Purba

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Right and Obligation of Property Brokerage Company
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