The purpose of this study is to indicate a problem for closing costs system of licensed real estate agents as experts of real estate brokerage business, to establish healthy transactions in real estate through the system’s improvement plan, and to a...
The purpose of this study is to indicate a problem for closing costs system of licensed real estate agents as experts of real estate brokerage business, to establish healthy transactions in real estate through the system’s improvement plan, and to aim at the development of the real estate brokerage business.
It can be said that the real estate brokerage system takes a large portion in the real estate market along with national economy’s growth. Although the real estate brokerage field takes a considerable range of national economy in scale and has close relationships with people’s lives, since the closing costs system has a lot of problems, it a sad reality.
Meanwhile, as nation’s economy has developed, the scale of the real estate market has become bigger and more diverse and the cost of transaction also has become higher. So, the transaction has come to need a reliable institutional strategy between transaction parties themselves or between transaction parties and real estate brokers. But, since our country’s real estate brokerage system is still insufficient in many parts, confusion and falling behind of the real estate market have been brought about, and today’s phenomenon is that legal real estate transactions are not made.
Accordingly, our government enacted Real Estate Brokerage Act, introduced the licensed real estate agent system, and reorganized the commission system several times to supplement imperfection. Nevertheless, public confidence of the real estate brokerage has not been better. Also, though 30 years have passed since the Real Estate Brokerage Act enforced, our country’s real estate brokerage market still not only falls behind compared with other similar types of businesses, but also amateur brokers are disturbing this market regardless of the enaction of the real estate brokerage system.
The real estate brokerage is prescribed in the first section of the second article of 「Real Estate Brokerage Agent’s Task and Real Estate Transactions’ Report Act」like this, “By the prescription of the third article of this Act, real estate brokerage means those kinds of aiding actions regarding gains/losses changes from sales, exchanging, rental, and other rights between transaction parties about the brokerage objects.”
「Real Estate Brokerage Agent’s Task and Real Estate Transactions’ Report Act」, the name itself makes an impression of a hurriedly made law like it burdens the real estate agents with the duty to report the real transaction prices which our government needs, rather than the Act makes real estate agents have status and pride, and in terms of its contents, it stipulates that the real estate agents are described as just dealers not experts.
The task range is too narrow for real estate brokerage to be raised as a specialized job. And, as the closing costs system falls behind, it is hard to its corporatizing as well as managing. Also, the brokerage contraction system and the real estate transaction network are not satisfactory, and there are several problems such as mass production of unlicensed brokers, lack of self-regulating rule of Association of Real Estate Brokers, and so on. Especially, the real estate market becomes diverse according to the change of time. However, the closing costs system is still in the structure of the past.
By analyzing the problem of the closing costs which can be said as the core of the real estate brokerage and studying the improvement plan, it is intended to provide the foundation for advancing of the real estate brokerage system. In this study, through theoretical consideration of the closing costs system, concept and legal nature were argued; transition process of the closing costs system was investigated. And, the closing costs were compared with other businesses parts’ commission system related with the real estate.
Also, from investigating present condition of closing costs rate’s regulation, thinking about matters to be referred in our laws, the calculating problem in the closing costs system, the maximum regression rate system, setting-up the limited amount of brokerage except houses, commission of goodwill value, and brokerage commission dispute problem were studied.
The solution is that improvement through the revision of the Real Estate Brokerage Act, closing costs system’s improvement, brokerage payment’s liberalization and realization strategy, improvement of setting-up the limited amount of brokerage except houses, improvement of brokerage commission dispute’s settlement. And, based on these, this study was conducted.