File - REBAP Metro Tagaytay
Transcription
File - REBAP Metro Tagaytay
ADVERTISEMENTS BROKERS, DEALERS AND SALESMEN 2014 REVISED IMPLEMENTING RULES AND REGULATIONS ON ADVERTISEMENTS & BROKERS, DEALERS AND SALESMEN ADVERTISEMENTS BROKERS, DEALERS AND SALESMEN Section 19 P.D. No. 957 Sections 11 and 12 P.D. No. 957 “2014 Revised Implementing Rules and Regulations on Advertisements” “2014 Revised Implementing Rules and Regulations on Dealers, Brokers and Salesmen” Approved: December 2, 2014 Published: January 30, 2015 Effective: February 14, 2015 ADVERTISEMENTS Board Resolution No. 921, Series of 2014 BROKERS, DEALERS AND SALESMEN Board Resolution No. 922, Series of 2014 REVISED IMPLEMENTING RULES AND REGULATIONS TO GOVERN THE ADVERTISEMENTS OF SUBDIVISION AND CONDOMINIUM PROJECTS UNDER PRESIDENTIAL DECREE NO. 957, OTHERWISE KNOWN AS THE “SUBDIVISION AND CONDOMINIUM BUYERS’ PROTECTIVE DECREE” AND ALL OTHER PROJECTS REQUIRED BY LAW TO BE REGISTERED WITH THE HOUSING AND LAND USE REGULATORY BOARD REVISED IMPLEMENTING RULES AND REGULATIONS TO GOVERN DEALERS, BROKERS AND SALESMEN OF SUBDIVISION AND CONDOMINIUM PROJECTS UNDER PRESIDENTIAL DECREE NO. 957, OTHERWISE KNOWN AS THE “SUBDIVISION AND CONDOMINIUM BUYERS’ PROTECTIVE DECREE” AND ALL OTHER PROJECTS REQUIRED BY LAW TO BE REGISTERED WITH THE HOUSING AND LAND USE REGULATORY BOARD “2014 Revised Implementing Rules and Regulations on Advertisements” “2014 Revised Implementing Rules and Regulations on Dealers, Brokers and Salesmen” ADVERTISEMENTS BROKERS, DEALERS AND SALESMEN Board Resolution No. 921, Series of 2014 Board Resolution No. 922, Series of 2014 Memorandum Circular No. 01, Series of 2015 Memorandum Circular No. 02, Series of 2015 “2014 Guidelines on Advertisements” “2014 Guidelines on Dealers, Brokers and Salesmen” ADVERTISEMENTS BROKERS, DEALERS AND SALESMEN SCOPE OF APPLICATION All subdivisions, including residential, commercial, farmlot, and industrial subdivisions All condominiums, including residential and commercial condominiums Any other similar projects, including cemeteries, memorial parks, and columbaria ADVERTISEMENTS Definitions ADVERTISEMENTS “refers to any form of information, whether in words or illustration relating to a project, disseminated or communicated for the purpose of marketing and selling the project, or any lot including any building or improvement thereon, or any unit thereof” ANNOUNCEMENTS “refers to any form of information, whether in words or illustrations, disseminated or communicated in the same manner as an advertisement, solely for the purpose of initially informing or notifying the public about a project BUT NOT for the purpose of marketing or selling” ADVERTISEMENTS Definitions “Print Advertising” “refers to all advertisements that are disseminated through newspapers, magazines, brochures, pamphlets, flyers and all other similar or related materials” “Broadcast advertising” “refers to all advertisements or commercials that are disseminated through radios and televisions. For purposes of this Rules, broadcast advertising shall also include cinema advertisements, or those aired or exhibited in theaters, as well as those disseminated or communicated through live streaming, or other similar methods” “Out-of Home Advertising” “Out-of Home Advertising” refers to all advertisements intended to reach customers or prospective buyers while outside their homes such as but not limited to photographic and electronic billboards, transit advertisements, digital displays, banners, tarpaulins and posters” ADVERTISEMENTS ANNOUNCEMENTS Time Media Frame newspapers, magazines, televisions and radio billboards, brochures, leaflets and flyers ADVERTISEMENTS digital and electronic signages and communications scale models buyers’ briefings, seminars or trippings Time Frame ADVERTISEMENTS License to Sell ANNOUNCEMENTS ADVERTISEMENTS ADVERTISEMENTS ANNOUNCEMENTS Owner Developer Who Requirement May Announce of Prior or Advertise Approval ADVERTISEMENTS Owner Developer Dealer Broker Salesperson ADVERTISEMENTS ANNOUNCEMENTS NOT REQUIRED Requirement of Truth In Advertising Prior Approval ADVERTISEMENTS REQUIRED ADVERTISEMENTS Truth In Advertising Any announcement or advertisement about a project, or about its operations or activities, must reflect the real facts and must be presented in a manner that will not tend to mislead or deceive the public. All representations pertaining to the project’s payment and financing scheme, design and standards, and its amenities, facilities and other privileges connected with the sale of the lots, including any building or improvement thereon, or any units thereof, must conform with the rules and guidelines issued by the HLURB. ADVERTISEMENTS Truth In Advertising Design and Standards, Amenities and Period of Completion All representation and description in the advertisement pertaining to a project’s designs and standards, amenities, facilities, infrastructures and improvements, and its period of development and completion must strictly conform with the project’s approved site development plans, architectural plans and work programs. Only such amenities and improvements specified in the approved site development and architectural plans of the project may be included or illustrated in the advertisement. Otherwise, the owner or developer shall be liable in accordance with Section 22 hereof [WARRANTIES] ADVERTISEMENTS Truth In Advertising Pictures And Illustrations Any picture or illustration of the project, or any of its features, facilities, or amenities that may be included or depicted in the advertisement shall be captioned as "actual photographs", "architect's perspective", "artist's illustrations" or such other similar captions, as the case may be. ADVERTISEMENTS Truth In Advertising Payment and Financing Schemes No mode or manner of payment and financing, including the amount of reservation fee, initial deposit or downpayment, required equity, installment plans, schedule and escalation, and discounts and interest rates shall be included in an advertisement unless such payment and financing scheme is fully disclosed in the advertisement and in accordance with the terms and conditions stipulated in the purchase reservation, contract to sell, or any other form or document relating to or which may be used in the sale of the lots, including any building or improvement thereon, or any units of the project, or in the sale of privileges connected with the project. ADVERTISEMENTS Truth In Advertising Payment and Financing Schemes Any representation on the amount of monthly installments dependent on approved credit or financing, whether in-house or third-party financing, must not be misleading and shall state the financing source and availability, the true terms, rates, charges, fees and penalties prevailing or applicable at the time of the sale transaction so as to enable a prospective buyer to make an informed choice about the actual cost of financing of such purchase. Any interest rate must be stated in terms of annual percentage rate. ADVERTISEMENTS Truth In Advertising Location and Distance The location and distance of a project must be stated in a manner that will not tend to mislead the public or prospective buyers of its proximity, accessibility and value. Any statement of the project’s location and distance in relation to a known place or landmark shall be expressed in terms of kilometers, and any vicinity map illustrating such proximity to known places or landmarks must similarly indicate such distance or distances in terms of kilometers. ADVERTISEMENTS Truth In Advertising To enable the public or prospective buyers to make an informed choice on their purchase or acquisition, any advertisement about a project must indicate material facts, and all announcements and advertisements shall not include any prohibited statement or information, as may be provided under the rules and guidelines issued by the HLURB. ADVERTISEMENTS Truth In Advertising Prohibited Statements and Information in an Announcement The office address or contact numbers or information of the owner, developer or dealer The names and office address or contact numbers of any of the project’s authorized broker/s or salesperson/s Any other information or statement which directly or indirectly conveys or suggests the sale or marketing of any of the lots, including any building or improvement thereon, or any units of a project ADVERTISEMENTS Truth In Advertising Prohibited Statements and Information in an Announcement Any of these prohibited information or statement cannot be included in an announcement material by inserting, stapling, pasting, attaching, or by any manner that may serve to incorporate such prohibited information or statement A violation hereof shall be deemed as selling without a license and shall be subject to appropriate sanctions and penalties as provided by P.D. 957, its implementing rules, regulations, and the guidelines herein provided. ADVERTISEMENTS Truth In Advertising Prohibited Statements and Information in an Advertisement The following statements or information shall not be included in any advertisement: Disclaimer(s) Any other or future project or development not covered by the license to sell stated therein, unless such other or future projects are included in a cluster development Exaggerations or misleading information either by text, illustration or pictures ADVERTISEMENTS Truth In Advertising Mandatory Contents in Print Advertising All print advertising including billboards and signages shall include or indicate material facts and information so as to fairly inform the public about a project. The advertisement shall include: The name(s) of the owner(s) and/or developer(s) of the project The exact location of the project including street name, barangay, and city or municipality The License to Sell or Amended License to Sell Number; ADVERTISEMENTS Truth In Advertising Mandatory Contents in Print Advertising All print advertising including billboards and signages shall include or indicate material facts and information so as to fairly inform the public about a project. The advertisement shall include: The Advertisement Approval Number The approved project completion date as indicated in the license to sell; and The maximum selling price in case of economic and socialized housing projects Any print advertisement that includes the names or offices of the dealer or any the project’s authorized broker/s or salesperson/s shall likewise indicate their corresponding HLURB’s registration numbers ADVERTISEMENTS Truth In Advertising Mandatory Contents in Broadcast Advertising All broadcast advertising shall include or indicate material facts and information so as to fairly inform the public about a project. The advertisement shall include: The name(s) of the owner(s) and/or developer(s) of the project The location of the project including the name of the barangay, and city or municipality The License to Sell or Amended License to Sell Number; ADVERTISEMENTS Truth In Advertising Other Advertising Requirements In print advertising, the license to sell number must be of the same font type and size, and resolution as the advertiser’s telephone number. In all cases, the mandatory contents shall be readable or comprehensible. ADVERTISEMENTS Truth In Advertising Cluster Development In case of an advertisement of a project or projects included in a cluster development, the other projects, developments and infrastructures included in the project’s master plan shall be indicated in the advertisement. However, such advertisement must clearly specify which of those projects are already covered by licenses to sell. ADVERTISEMENTS Application and Approval Approval of the Advertisement The owner/developer, dealer, or the authorized broker/s or salesperson/s shall be allowed to advertise about the project only after: The issuance of the project’s license to sell; and The HLURB has approved the advertisement material in accordance with its issued rules and guidelines Such approval may however be suspended or revoked in case of violation of the terms and conditions of the advertisement approval or by reason of any violation of the rules and regulations issued by the HLURB ADVERTISEMENTS Application and Approval Approval of the Advertisement Projects licensed by one and the same RFO may be included in one material and shall be subject to one advertisement approval. Otherwise, a single advertisement about several projects registered in different RFOs are required to be approved first by all of the RFOs where the projects are respectively registered. ADVERTISEMENTS Application and Approval Documentary Requirements The following requirements are to be submitted for every application for advertisement approval: Two copies of notarized application; At least two copies of the proposed advertisement material; Copy of the license to sell, if already issued; Marketing agreement between owner/developer and broker/salesperson with authorization to advertise, if application is filed by the broker or salesperson. Application and Approval ADVERTISEMENTS Fees Fees shall be collected upon the filing of application in accordance with the approved Schedule of Fees. [2013 Revised Schedule of Fees] [ Board Resolution No. 912, Series of 2013] P 720.00 Application and Approval ADVERTISEMENTS Review and Approval The contents and representations contained in the submitted material shall be reviewed in accordance with the guidelines provided under Sub-Rules II-A and II-B: Truth in Advertising Design and Standards, Amenities and Period of Completion Location and Distance Prohibited Information and Statements Pictures and Illustrations Mandatory Contents Payment and Financing Schemes Size, fonts, resolution ADVERTISEMENTS Monitoring, Warranties Offenses and and Liabilities Sanctions Warranties and Liabilities All representations are enforceable warranties; Owner/developer is answerable for all the improvements or amenities represented in an advertisement even if not included in the approved plan, specifications, or program; Failure to timely and completely develop and deliver all of the representations is breach of warranty subject to imposition of fines, penalties and damages ADVERTISEMENTS Monitoring, Offenses and Sanctions Monitoring The HLURB may, motu proprio or upon verified complaint, exercise its right to monitor all announcements and advertisements and impose appropriate sanctions in case of violation or non-compliance ADVERTISEMENTS Monitoring, Offenses and Sanctions Violationsand Advertisements Prohibited Announcements Announcements not complying with HLURB’s existing rules and guidelines 1. With telephone number / contact information of owner/developer 2. Disseminated by, or includes names/contact information of dealers, brokers or salesmen 3. Sells or conveys/suggests selling or marketing 4. Incorporates prohibited information through attaching, stapling, pasting, etc. ADVERTISEMENTS Monitoring, Offenses and Sanctions Prohibited Announcements and Advertisements Announcements not complying with HLURB’s existing rules and guidelines Advertisements without prior approval; Advertisements that deviate from the approved material; Advertisements that fail to comply with the terms and conditions of the approval; ADVERTISEMENTS Monitoring, Offenses and Sanctions Violations EVERY PUBLICATION OR PRINTING / NEWSPAPER / ISSUE EVERY AIRING OR BROADCASTING / CHANNEL / STATION / PER COMMERCIAL SEPARATE VIOLATION SEPARATE SANCTIONS AND PENALTIES ADVERTISEMENTS Monitoring, Offenses and Sanctions Violations EXCEPTION: OUT-OF-HOME ADVERTISEMENTS Billboards Banners Tarpaulins Transit Ads Digital Displays DISPLAYING IDENTICAL CONTENTS OR MATERIALS SINGLE ADVERTISING ADVERTISEMENTS Monitoring, Offenses and Sanctions Revocation of the Advertisement Approval A CDO or suspension of license to sell SUSPENDS the advertisement approval Upon receipt of such order, the developer shall immediately desist from advertising the project CONTINUED ADVERTISING IS SELLING WITHOUT LICENSE ADVERTISEMENTS Monitoring, Offenses and Sanctions Revocation of the Advertisement Approval Deviation from the approved contents or failure to comply with the terms and conditions of the advertisement approval is a ground for revocation Upon receipt of the order of revocation, the developer shall immediately cease and stop its dissemination. Any alteration of plan resulting to any change in the amenities, facilities, infrastructure or other developments featured in the advertisement, whether approved or not, shall also ipso facto revoke the approval of any or all previouslyapproved advertisements ADVERTISEMENTS Monitoring, Offenses and Sanctions Transitory Provision All advertisers with existing announcements and advertisements, including billboards, not complying with the foregoing Rules and Guidelines shall, WITHIN 60 DAYS from effectivity of this Rules, cease and desist from using the advertisements, until such time the same has been amended and accordingly approved. BROKERS, DEALERS AND SALESPERSONS REVISED IMPLEMENTING RULES AND REGULATIONS TO GOVERN DEALERS, BROKERS AND SALESMEN OF SUBDIVISION AND CONDOMINIUM PROJECTS UNDER PRESIDENTIAL DECREE NO. 957, OTHERWISE KNOWN AS THE “SUBDIVISION AND CONDOMINIUM BUYERS’ PROTECTIVE DECREE” AND ALL OTHER PROJECTS REQUIRED BY LAW TO BE REGISTERED WITH THE HOUSING AND LAND USE REGULATORY BOARD BROKERS, DEALERS AND SALESPERSONS PRACTICE OF REAL ESTATE SERVICE DEFINITIONS PRACTICE OF REAL ESTATE SERVICE Any of the acts or transactions of a dealer, broker, or salesperson with respect to any project required by law to be registered with the HLURB In the case of brokers and salesmen, any single act or transaction thereof shall constitute practice of real estate service BROKERS, DEALERS AND SALESPERSONS PRACTICE OF REAL ESTATE SERVICE DEFINITIONS Dealer Any person directly engaged as principal in the business of buying and selling of real estate, whether on a full-time or part-time basis Broker Any person who, for commission or other compensation, undertakes to sell or negotiate the sale of a real estate belonging to another Salesman Any person engaged or regularly employed by a broker to perform, for and in his behalf, any or all functions of a real estate broker. A salesman may also be engaged or regularly employed by a dealer. BROKERS, DEALERS AND SALESPERSONS PRACTICE OF REAL ESTATE SERVICE BUSINESS FIRMS P.D. NO. 957 “PERSON” shall mean a natural or a juridical person. A juridical person refers to a business firm whether a corporation, partnership, cooperative, or association, or a single proprietorship. “BUSINESS FIRMS” refers to any corporation, partnership, cooperative or association, or single proprietorship, that is required by PD 957 to be registered first with the HLURB before it can engage in the practice of real estate service with any project required by law to be registered with the HLURB BROKERS, DEALERS AND SALESPERSONS REQUIREMENT OF REGISTRATION REGISTRATION AND ACCREDITATION REQUIREMENTS UNDER RESA LAW AND PD 957 Republic Act No. 9646 otherwise known as the “Real Estate Service Act of the Philippines” requires all brokers and salespersons to be respectively licensed and accredited by the Professional Regulatory Board of Real Estate Service (PRBRES) before they can engage in the practice of real estate service. IN ADDITION THERETO, as separately required under P.D. No. 957, before any dealer, or any PRBRES-registered broker or PRBRESaccredited salesperson can engage in the practice of real estate service specifically with respect to projects required by law to be registered with the HLURB, such dealer, licensed broker or accredited salesperson shall first register with the HLURB in accordance with the rules and guidelines herein provided. BROKERS, DEALERS AND SALESPERSONS R. A. NO. 9646 P.D. NO. 957 REQUIREMENT OF REGISTRATION Requirement of registration for brokers and accreditation for salespersons engaged in the practice of real estate service for all kinds of real estate transaction In addition to the requirements under R.A. No. 9646, dealers, and licensed brokers and accredited salespersons are still required to register with HLURB to engage in the practice of real estate service with projects required by law and regulations to be registered with the HLURB BROKERS, DEALERS AND SALESPERSONS REQUIREMENT PROCEDURE FOR OF REGISTRATION BOND OR SECURITY Dealers or Brokers P 5,000.00 Salesmen P 1,000.00 Business Firms P 20,000.00 BROKERS, DEALERS AND SALESPERSONS PROCEDURE FOR REGISTRATION APPLICATION AND REQUIREMENTS Applicants shall register with the Regional Field Office (RFO) where the applicant resides or where his office is located. Sworn Application for Registration Recent 2 x 2 photo DEALER Valid NBI or court clearance Bond or security Official receipt evidencing payment of the registration fee P720 BROKERS, DEALERS AND SALESPERSONS PROCEDURE FOR REGISTRATION APPLICATION AND REQUIREMENTS Applicants shall register with the Regional Field Office (RFO) where the applicant resides or where his office is located. Sworn Application for Registration Recent 2 x 2 photo PRBRESLICENSED BROKER Photocopy of PRBRES-Issued Certificate of Registration and Professional Identification Card, or any other sufficient proof of PRBRES licensure Bond or security Official receipt evidencing payment of the registration fee P720 BROKERS, DEALERS AND SALESPERSONS PROCEDURE FOR REGISTRATION APPLICATION AND REQUIREMENTS Applicants shall register with the Regional Field Office (RFO) where the applicant resides or where his office is located. Sworn Application for Registration PRBRESACCREDITED BUSINESS FIRMS SALESPERSON Recent 2 x 2 photo Photocopy of PRBRES-Issued Certificate of Accreditation and Professional Identification Card, or any other sufficient proof of PRBRES -accreditation Bond or security Official receipt evidencing payment of the registration fee P288 BROKERS, DEALERS AND SALESPERSONS PROCEDURE FOR REGISTRATION APPLICATION RENEWAL OF AND REGISTRATION REQUIREMENTS Applicants shall register with the Regional Field Office (RFO) where the applicant resides or where his office is located. Sworn Application for Registration Secretary’s Certificate or Authorization of the representative BUSINESS FIRMS Photocopy of SEC, DTI or CDA Certificateof Registration & Articles of Incorporation or Cooperation Bond or security Official receipt evidencing payment of the registration fee List of engaged brokers and/or salespersons P720 BROKERS, DEALERS AND SALESPERSONS PROCEDURE FOR REGISTRATION RENEWAL OTHER OFFEATURES REGISTRATION Every registration shall expire on the thirty-first of December each year and shall be renewed during the month of November Renewal filed after the prescribed period shall be treated as original registration BROKERS, DEALERS AND SALESPERSONS PROCEDURE SUSPENSION FOR AND REGISTRATION REVOCATION OTHER FEATURES Issuance of Certificate of Registration and Identification Card Display of Certificate of Registration and Identification Card BROKERS, DEALERS AND SALESPERSONS OFFENSES SUSPENSION AND ANDPENALTIES REVOCATION PROCEDURE & EFFECTS Suspension pending investigation; Notice and Hearing Suspension or revocation of PRBRES registration or accreditation automatically suspends or revokes HLURB registration Suspension or revocation of Business Firms’ Registration automatically suspends or revokes brokers’ or salespersons’ authorization for such project/s Suspension or revocation of salespersons’ registration suspends or revokes brokers’ or dealers’ registration who knowingly permitted or allowed the prohibited acts BROKERS, DEALERS AND SALESPERSONS OFFENSES AND PENALTIES PROHIBITED FORFEITUREPRACTICES OF BOND WITHOUT REGISTRATION P 10,000.00 EXPIRED REGISTRATION P 5,000.00 WITHOUT LICENSE TO SELL Penalty for each act of selling in accordance with HLURB’s Schedule of Fines and Penalties Criminal Prosecution BROKERS, DEALERS AND SALESPERSONS OFFENSES AND PENALTIES ADMINISTRATIVE FORFEITURE OF BOND FINES Violation of any provision of P.D. No. 957 or any of its rules or regulations, INCLUDING SELLING OF LOTS/UNITS OF ANY PROJECT WITH NO LICENSE TO SELL Material false statement in the application for registration Fraudulent act in connection with any sale of a lot or unit in any project Unworthiness to engage in the practice of real estate service BROKERS, DEALERS AND SALESPERSONS OFFENSES AND PENALTIES TRANSITORY ADMINISTRATIVE PROVISION FINES FIRST OFFENSE P 5,000.00 SECOND OFFENSE P 10,000.00 Revocation of HLURB Registration and Disqualification Recommendation for the Revocation of PRBRES Registration or Accreditation BROKERS, DEALERS AND SALESPERSONS OFFENSES AND PENALTIES TRANSITORY PROVISION Upon effectivity of this Rules, all dealers, brokers and salespersons who have been engaged in the practice of real estate service and who have failed to register or renew their registration with the HLURB shall be given a period of sixty (60) days within which to register or renew and shall be exempt from the imposition of fines provided in the HLURB’s Revised Schedule of Fines for failure to register or renew. MINIMUM P200-500 MEDIUM P501-700 MAXIMUM P701-1000 BROKERS, DEALERS AND SALESPERSONS OFFENSES AND PENALTIES TRANSITORY PROVISION All business firms who have been engaged in the practice of real estate service shall, upon effectivity of this Rules, likewise be given a period of sixty (60) days within which to register. Notwithstanding the foregoing, the non-imposition of fine as herein provided during the sixty (60) – day transitory period shall not prejudice the enforcement of Sections 11 (Practicing Real Estate Service Without Registration) and 12 (Practicing Real Estate Service With Expired Registration). Thank you.