09/16/2021 8:01 AM
Clarín.com
Real-estate market
Updated 09/16/2021 8:01 AM
Last week, within the framework of the appeal made by a company that represents a large international real estate franchise, the General Inspection of Justice made a presentation in which it once again affirms that its decision to request its dissolution is firm and is supported by the complaint made before said entity by the authorities of the Unique College of Real Estate Brokers of the City of Buenos Aires.
Remembering a bit, in May of this year the IGJ accepted the complaint filed by CUCICBA and its current President, the Real Estate Broker Armando Pepe, and ordered the legal action for the dissolution of said company as provided in art.
19 of law 19,550.
Said company appealed that decision before the Justice and, therefore, the General Inspection of Justice made an extensive and solid brief in which it refers to the arguments presented at the time by the authorities of the Real Estate Professional Association to determine that the collegiate professions instituted by law (as is the Professional Real Estate Brokerage) they cannot and should not be franchised.
Only a registered Real Estate Broker is a guarantee of trust and adherence to the law.
In its initial opinion, the IGJ raised the "illicit object" of said company and asked the Justice for the dissolution and liquidation of that company that represents a well-known foreign firm. It is based on imperative norms such as those that govern real estate brokerage given that it is a regulated profession whose exercise is subject to specific requirements that the appellant company does not comply with since it does not have such activity as its exclusive purpose nor are its partners registered real estate brokers.
It should be remembered that this presentation is of great importance since the General Inspection of Justice has powers to file complaints before judicial, administrative and police authorities, among these powers is included the possibility of ordering the dissolution and liquidation of a company if this entity considers a society carries out an illegal activity provided for by law, as in this case cites art. 19 of law 19,550.
The obvious fact that led the College, which brings together more than eight thousand Professional Real Estate Brokers in the city, to generate its complaint was that it considers that said company, through sub-franchises, uses the intermediary action in the real estate market of " unregistered real estate agents ”and this is an illicit figure.
The IGJ gave rise to said complaint and raises it in the brief it presents to the Justice, relying on what is regulated by both Law 2340 (which, in its articles, gives origin and meaning to the creation of CUCICBA) and Law 19,550 of Commercial Companies.
Every day CUCICBA works in defense of the rights of its enrollees and of the community.
“From the first day of our administration we have not proposed to defend the concern of our profession, training our enrolled, generating links with local and national authorities so that our figure grows.
We cannot let a person who receives two or three days of 'training' receive the title of 'real estate agent' or similar and assume the role of those of us who train, enroll and act as the law imposes ”, says Marta Liotto, current Vice President of CUCICBA.
"People have to know that our registration is synonymous with tranquility, trust and adherence to the Law. When a person who calls himself a 'real estate agent' acts in our place, he is putting at risk the patrimony and legal tranquility of the citizenry" Liotto concludes.
“That the IGJ give us the reason again is very important, because it shows us that so much effort to defend our professional work is recognized and valued by the control entities. Justice will be on our side, we are sure ”.