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Free Guide to Hiring a Real Estate Lawyer
Colina is a commune in the Santiago Metropolitan Region with a growing real estate market and local business activity. Brokerage law here follows Chilean national statutes, not a Colina-specific code. In practice, residents rely on real estate brokers (corredores de propiedades) and, for financial assets, securities brokers under national regulation.
In Colina, as in the rest of Chile, brokers must operate within the framework of the Civil and Commercial Codes, contract law, and consumer protections. Local advertising, licensing, and business registrations may be subject to municipal rules and official guidelines. A lawyer can help you interpret terms, assess risks, and ensure compliance with all applicable rules.
Understanding your rights and obligations before signing any brokerage agreement reduces the risk of disputes over commissions, disclosures, or contract terms. An attorney with experience in real estate and commercial law can provide practical guidance tailored to Colina properties and markets.
The Commercial Code governs acts of commerce and professional intermediaries, including brokerage activities. It sets expectations for agency relationships, fiduciary duties, and commissions in commercial transactions. Understanding these provisions helps you evaluate contract terms and potential liability.
Fuente: Biblioteca del Congreso Nacional - Código de Comercio. https://www.bcn.cl/leyes
El Código de Comercio regula la intermediación en actos de comercio y las obligaciones de los corredores y agencias.
The Ley del Consumidor protects buyers and users in contracts with businesses, including brokerage services. It emphasizes clear information, transparency in fees, and fair contract terms. If a broker fails to disclose essential terms, you may have remedies under this law.
Fuente: SERNAC - Ley del Consumidor. https://www.sernac.cl
La Ley del Consumidor garantiza transparencia y derechos frente a proveedores de servicios, incluyendo corredores y agencias inmobiliarias.
The Securities Market Law and related CMF regulations govern licensed brokers in Chile's financial markets. This includes duties such as registration, client disclosures, and fiduciary obligations for brokers handling securities on behalf of clients. Consult CMF for the exact regulatory framework and updates applicable to your brokerage arrangement.
Fuente: CMF Chile - regulación de mercados y corredores de valores. https://www.cmfchile.cl
La CMF regula los corredores de valores y las entidades que intervienen en el mercado financiero chileno.
Recent regulatory focus in Chile has emphasized transparency in brokerage agreements, proper disclosures, and consumer protections in both real estate and financial services. For Colina residents, staying aligned with codes of conduct and local advertising requirements helps prevent disputes and supports smoother transactions.
A real estate broker facilitates property transactions, negotiates terms, and drafts or reviews contracts. They act as intermediaries between buyers and sellers and may help with due diligence and coordination with lawyers.
Check that the broker operates legally, inquire about professional associations, and request references. Your lawyer can verify credentials and any disciplinary actions with the appropriate bodies.
An exclusive contract grants one broker the right to represent you for a period. A non-exclusive contract allows you to work with multiple brokers. Understand termination rights and fee obligations in either case.
Disputes can range from a few weeks to several months, depending on complexity, evidence, and court or arbitration schedules. Your lawyer can provide a realistic timeline based on your case.
Yes. A lawyer ensures terms are fair, fees are clear, and there are no hidden penalties. Review covers termination terms, commission calculations, and disclosure duties.
Gather proof of identity, property documents, the broker contract, marketing materials, and any correspondence. Your lawyer may request additional records for due diligence.
Commissions are usually percentage-based on sale price or lease income. Your contract should specify the rate, timing, and who pays taxes related to the fee.
Yes, misrepresentation can trigger civil liability under contract and consumer protection laws. A lawyer can advise on remedies and potential compensation.
You can pursue remedies for false advertising under consumer protection laws. A lawyer can help you document the misrepresentation and seek redress.
The Ley del Consumidor requires clear information, fair terms, and disclosure of essential facts. It provides mechanisms to dispute unfair practices with regulatory agencies.
You should receive an assessment of your matter, an outline of potential strategies, fee structures, and a plan with estimated timelines. Prepare your documents in advance.
Termination rules depend on the contract and applicable law. A lawyer can review notice periods, penalties, and any post-termination obligations.
Note: This guide provides general information and does not create an attorney-client relationship. For specific advice in Colina, consult a licensed attorney who can assess your circumstances and provide tailored guidance.
