Professional code of conduct
decided at the 27th Delegates Assembly of the DDIV on 21 September 2011 in Berlin
The Dachverband Deutscher Immobilienverwalter e.V. is a member of the European Confederation of Real Estate Service Providers CEPI. The CEPI General Assembly adopted the "European Code of Conduct for Real Estate Service Providers" on March 30, 2006, which takes into account all relevant European directives adopted up to that time.
A. The requirements for the exercise of the profession
- 1. when practicing the profession, the real estate manager proves his competence by providing the service in the required quality.
- 2. The property manager shall perform the tasks assumed by him professionally to the best of his knowledge and ability with the diligence of a prudent businessman and shall observe the statutory provisions in his activities and safeguard the interests of his clients.
- 3. he shall not undertake any tasks beyond his qualifications and experience.
- 4. for the proper and effective performance of his duties, the real estate manager shall keep himself informed about the current legal basis of the development of the real estate manager and technical progress within the framework of suitable further education and training measures for himself and his employees and shall expand his professional knowledge.
B. The relationship with customers and clients
- 1. the real estate manager shall perform the duties assigned to him with the necessary professional conscience. In particular, he must protect the legitimate interests of his clients and behave loyally. His actions are characterized by the fact that he is the trustee of the property of others in a fiduciary capacity.
- 2. the interests of the customers and clients as well as the information in connection with the execution of the order are to be treated with absolute discretion. The employees are also to be bound to secrecy.
- 3. The actions of the real estate manager shall be characterized by integrity and transparency. The real estate manager shall comply with this requirement, as well as with a duty to inform his clients, in the course of his business. He shall not accept any commissions, discounts or profits for the costs attributable to the clients without their prior consent. He shall not obtain any inadmissible direct or indirect advantages from his activity. Likewise, he should not have work, services or supplies carried out at the client's expense by family members or companies in which he has an interest, without this situation being known to the client.
- 4. in conducting the business assigned to him/her, the real estate manager shall refrain from any discrimination based on color, religion, gender or ethnic origin.
- 5. the real estate manager shall ensure that the obligations entered into with the principals are set out in writing in such a way that the mutual interests are in harmony.
- 6. the services of the real estate manager shall be offered and rendered in accordance with commercial principles securing the existence of the entrepreneur, as well as remuneration in accordance with the performance. The price of the remuneration shall be determined in the individual case by agreement of the parties, differentiated according to the basic remuneration on the one hand and the remuneration for additional services and additional fees on the other hand. In the case of the management of residential property, the remuneration shall be based on the number of units managed or on an agreed lump sum price, unless otherwise agreed.
- 7. with the termination of the order the real estate manager shall render account and hand over the business, provide the necessary information and point out dangers.
C. Dealing with the finances and assets of customers and clients and code of conduct in e-commerce
- 1. the real estate manager must have liability insurances covering the liability of the funds entrusted to him as well as the liability for the performance of his activity, with a total liability amount of at least 200.000,00 €. This insurance must be proved publicly in the media where he offers his services. Minimum contents of this proof are: Name and address of the insurers and territorial scope. He must ensure that he has sufficient insurance coverage.
- 2. the real estate manager shall keep the assets of his clients separate from his own assets and the assets of others without any restrictions.
- 3. all business activities shall be carried out transparently and it shall be ensured that all legal provisions and guidelines to prevent the use of the financial system for the purpose of money laundering, including the financing of terrorism, and e-commerce are complied with. Confidentiality of personal data and copyright shall be observed.
- 4. all data transfers, especially in relation to payment transactions, must always be carried out in a secure manner. All security measures should be taken by the property manager for his organization and the computer and communication systems used.
- 5. the real estate manager shall inform the clients and customers about the accepted forms of electronic signatures and about the independent companies certifying such signatures. They shall also be informed about the necessary measures to protect the confidentiality of the data necessary for the creation of an electronic signature.
- 6. the dissemination and processing of electronic information shall be carried out with the minimum content required by law, it must be clearly recognizable as such and clearly identify the publisher as such. Personal data of customers and clients shall be processed in accordance with the applicable law of data protection and used in accordance with the purpose.
D. Relations with professional colleagues
- 1. the property manager should guarantee the equality of competition and ensure that the comradely relationship with colleagues is characterized by respect, fairness and objectivity.
- 2. refrain from actions and behaviors that may harm the reputation of the profession and cause moral or material damage to colleagues. Conflicts that may hurt the interests of clients should be avoided.
- 3. exchange of experience should be maintained with professional colleagues with the aim of increasing the prestige and quality of work of the entire profession.
E. Dispute resolution among professional colleagues
- 1. disputes among professional colleagues should be settled amicably. Upon request, the board of the relevant association may be asked to mediate.
- 2. in the event of unsuccessful mediation at association level, the possibilities of dispute resolution at arbitration courts and conciliation chambers should be used before recourse to the ordinary courts.
- 3. in case of disputes with professional colleagues from other EU countries who are members of a professional association which in turn is a CEPI member, mediation shall be requested.
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