APEMIP SEMINAR - 22nd AUGUST, 2008 - AUDITÓRIO MUNICIPAL DE LAGOA

This Seminar APEMIP held in Lagoa could have been so much better...

Had it not suffered from what is a cultural thing among us: Late, Later, Latest:

So late were we that we had to list to the sponsor (UCI) speak to us and sell their products;

Other "latenesses", due to lack of participation by the audience, drove us to listen to long and boring discourses by both Sérgio Martins and Eduardo Macedo – Presidents,
respectively of the Direcção Regional Sul and of Direcção Nacional of APEMIP;

It was useful and interessantly to retain info in Portuguese (Where were the translators?!?) from the other speakers:

- António Figueiredo from the "Instituto dos Registos e do Notariado" on ending of the requirement for deeds and methods over in the Simplex;
- Alexandre Fernandes - Director Geral da ADENE - who also defined the desired impact of the Energy Certification of Buildings.

At long last, after a long journey, we were able to hear Eng.º Ponce de Leão - Presidente do InCI - who stated (And i quote) that "real estate mediation companies and their Association" had reached their maturity and one could foresee the time when self-regulation of this activity would be possible...

I confess this scares me as we lack 2 important factors in this equation:

1 - The lack of a coherent academic and training structure that can support such a "dream";

2 - The difficulty foreigners (who are nothing more than Europeans with full rights) find in unifying themselves in a common platform which can dialogue and be uniform and justified.

Without these 2 elements, made available to those professionals that have come to stay and help build Algarve's PIB (And also Portugal's), I cannot see good omens in these words spoken at the Seminar.

Urgent action is needed.

Your Colleague,

Daniel Foster da Silva

Importance of watching TV

Yes, it is true.

Watching channel 2's (RTP 2 - portuguese official channels) news reel at 10 pm is a must.

It's concise and to the point, a 30 min overview from Portugal's best.

Why?

Because language learning is all about getting into the mindframe which is behind speech and written language.

the same applies to APEMIP's Seminars: Boring, sometimes enlightened, they give you 1 credit a piece, but allow you dive into the cultural aspects which make up the Portuguese Real Estate Industry.

Praising work done by APEMIP's Southern Directorate

The Portuguese real estate industry has become very demanding on its professionals, but very little of offered back to us in terms for training or tools that can help us become better.

So I have to recognize when events come along that are eye-openers and an incentive to the business.

This was the case of the seminar held under the auspices of APEMIP, the work of the South Directorate, in the auditorium of the Lagoa's Town hall, on February 29th.

It was good to be presented with a pragmatic event that invites us to be better professionals, given to those present by Cláudia Almeida and Peter Knight had this merit:

* We need to know how to use vital statistics to open up markets and better render our services to customers and "interessados";
* We need to prepare ourselves before we take action, through planning achievable goals.

Congratulations!

Licensed Real Estate Companies

Government licensing of real estate companies truly began in 1992: Since then a number of requirements have been laid down to ensure the quality of services rendered by them; allowing greater freedom of choice and dealership, better counselling and satisfaction for customers.

An authorised broker (empresa de mediação imobiliária) has a valid 3 year AMI number /license, attributed by InCI (The institute that oversees real estate activities in Portugal); And must prove during that time proficiency in many diverse yet related areas such as Law, Taxation, Business, Finance and Economy, Building Efficiency and Construction, Property Surveying and Marketing.

It also provides greater security to their clients as they have to have a mandatory civil liability insurance (Seguro de Responsabilidade Civil) which covers damages to their clients’ estate (property and money involved in the transaction) that they are dealing with through the real estate contract.

It outlaws such persons or businesses who do not comply with these norms, undermining the real estate industry through malpractice. And the Institute has set heavy fines to dissuade them from continuing in such course of action.

Daniel Foster da Silva

real-estate-practice.eu

Thank you for upholding The Real Estate Spirit

Thank you all for your Seasonal Greetings.

I would also like to take this opportunity to thank those of you who upheld the Real Estate Spirit in the past, by participating in the training programs. The Real Estate Industry needs professionals such as you.

In the words of Charles Dickens: ‘I have endeavoured… to raise the Ghost of an Idea, which’ is not intended to put trainees ‘out of humour with themselves, with each other’ with the profession or with me’.(See quote below: [Preface]“A CHRISTMAS CAROL”)

The Ghost of Real Estate Past in Portugal has seen many changes since the 1974 Revolution; changes that have made us more participative and more responsible Real Estate Professionals.

Indeed, it can be said that over the last 20 years, Real Estate in Portugal has matured in more ways than one, most importantly in its awareness of attitude and how to deal with people. Like the Cratchits (The Family, characters in “A Christmas Carol”) they have become the heart and soul of Real Estate. They are our consumers, be they clients or ‘interessados’.

Many of us, like Ebenezer Scrooge (main character in “A Christmas Carol”), believed ourselves to be great entrepreneurs. Indeed we did make many a great deal. However we did so with no knowledge of what the Real Estate Practice really entails from beginning to end; More often than not we left out the Spirit of Real Estate from our mediation and were merely surfing on experience.

Nowadays, the Ghost of Real Estate Present calls upon us to turn our attention to the ‘Tiny Tim Cratchits’(in “Christmas Carol”) as a better means to ‘gain a fine reputation’ in the real estate business.

Like Dickens, the Decree Law 211/2004 warns us about the ‘two pitiful children who personify Ignorance and Want’ (quote: “A Christmas Carol”).

Much more is needed to make the Real Estate Industry better in a Europe which wants to become more successful and integrated:

• With the opening of more countries into the Schengen space and the gradual, but certain, implementation of the Boulogne Process; Portugal and the Algarve, in particular, have still a lot to offer.

The Ghost of Real Estate Yet to Come in Portugal shows us we can be better professionals by working together and thriving to become a well-known and highly-respected body; which is capable of defending not just the ‘empresa de mediação imobiliária’ but also the ‘angariador’. In turn this will help to shape a better market for all.

This dictates our course of action for 2008:

Real Estate Practice, Unipessoal, Lda. will continue to uphold training as a major tool for professionalism in the industry; whilst preserving Portuguese as the main language used, it defends a multicultural approach and the need for a wider perspective to the knowledge that real estate entails.

Throughout 2008, different Training Courses will be held, as has been our tradition, and so we start the New Year with:

• 11^th January – Continuous training course
• 9^th January – REP event & seminar (May be postponed)
• 15^th January – Bilingual exam preparation course

In addition a new consultation scheme will start, through an affiliate company or business person program in which in-house activities will be made available.

Thanking you once more. May the Christmas Spirit be with us all throughout 2008!

… and ‘May the Real Estate Spirit haunt your houses, pleasantly, and no one wish to lay it.’ (quote: “A Christmas Carol”).

Yours faithfully,

Daniel Foster da Silva

Managing Partner

Real Estate Practice, Unip. Lda

A CHRISTMAS CAROL – Please refer to link:

http://www.real-estate-practice.eu/Christmas_Carol.html

Changes to InCI philosophy of action

It has come to my attention that InCI has not only changed those persons in charge of the Department which overrules the activities of real estate agencies and listers, known as empresas de mediação imobiliária and angariadores imobiliários; It has also changed the way it reads the letter of the DL 211/2004 and hence is seeking out those companies that help their clients or interessados in their morgages.

Naturally, it is not something that I can comment, except that I feel it necessary to reincforce what the association APEMIP is doing in this regard.

APEMIP is the means at hand that can help real estate agencies defend themselves in this arena.

More can and should be said on this matter.

the real estate community in the Algarve

On 31/03/07, Daniel Silva <danielfosterdasilva@gmail.com> wrote:

If you were to choose to help the real estate community in the Algarve - And yourself - how would you go about it?

- IMOPPI-wise ...

Answers appreciated.

Daniel Silva
Seguimento | Follow Up (Portuguese)
Claroline Official Campus

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On 4/1/07, Jenny Dackombe wrote:

Dear Daniel

It still seems difficult for estrangeiros to obtain further development for the 6 credits in languages other than Portuguese. APEMIP's reply to this is that foreigners should learn Portuguese, but it takes many years to be proficient up to a legal jargon level. APEMIP are fantastic in that they offer, free of charge, classroom training and invite all members to take part, but how effective is this for the likes of me?

Kind regards

Jenny

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Dear Jenny,

Thank you for replying.

I am posting this up in both the Initial Training and the Follow Up Campuses, as I think it necessary for people to be aware of what is out there and can be taken advantage of - Such as APEMIP's good efforts for the good of the industry.

Learning Portuguese is an asset all should in time try to achieve.

REP - Real Estate Practice & Networking has a different angle to it, because Portugal and especially the Algarve is becoming multicultural, like most of the Western World; Also, the segments of the market which are operational are those that have northern Europeans as their main client-basis.

I believe that neither position (Foreign imperialism and national isolationism) make good business: The Portuguese institutions should embrace multiculturalism; Foreign business-persons should come down from their pedestals and see the Portuguese real estate business for what it is.

Only this way can there be a place for all to do business, better business. Closing up is not the true nature of real estate.

What do you and others think? Opinions are very welcome.

Daniel

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This is 2007 and Portugal is part of the european union, so I think one of the obligations of portugal is to set the rules in a language which everybody understands ...and that is ofcourse english. If you want to do business with foreigners and you want that they follow your rules, put it in a language they do understand...give portugese people free english courses, the same what they do for foreigners to learn portugese...

That doesn't take away the obligation for foreigners to learn to speak the language of the country they are living in. The communication works both ways..

Peggy

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Thank you, Peggy.

In truth, I see that the way to operate a change in mentality comes from a group, platform or entity that brings together a large majority of foreign and national professionals such as mediadores and angariadores imobiliários.

These professionals have an extra obligation to show their clients that they make that extra effort to deliver a better service.

By learning Portuguese and English, and also demanding exams be in either language, these 2 steps would be a clear step forward.

IMI and IMT

Is this what we are looking for?? or am i barking up the wrong tree??!!!

IMI

A taxa para os imóveis pertencentes a entidades residentes em "paraísos fiscais", de acordo com a lista aprovada pelo Ministro das Finanças, é sempre 1%, independentemente de se tratar de um prédio rústico ou urbano e do concelho onde se situe.

IMT

8% para quaisquer imóveis, desde que sejam adquiridos por entidades residentes nos territórios constantes da lista de paraísos fiscais, aprovada pelo Ministério das Finanças.

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Yes, I believe it is. Depends where you found it.
I posted it some 2 months ago.

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It came from the Millenium BCP site in Documents, but dated August last year. Touchelle

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Check Campus. It's thereon it and I posted it some 2 months ago...

Fogo?

regarding ficha técnica da habitação, what does fogo refer to? ie área útil fogo.
Touchelle

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Good for you! You are jumping ahead of time as I shall be explaining tomorrow what this menas.

In general, it is a term used in construction, development and engineerng circles to describe a unit, which may represent an apartment, or house or even a shop space.

area bruta dependentes

Daniel,

Did you say that the 'area bruta dependentes' (Ab) to calculate the VPT was a garage or area you don't use to live in? Because I was trying to calculate my VPT on SIGIMI and I don't have an area like that, but it wouldn't allow me to calculate without it.

Touchelle

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The answer is yes. I am not looking at it at the moment, but I dare say if you were to put "0" (zero) that would sort it out.

Thanks for participating.

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Yes thank you, that worked.

How do you find out what these would be?

Moradia unifamiliar (0,00 a 0,20)		Estado deficiente de conservação (0,00 a 0,10)
Qualidade construtiva (0,00 a 0,15)
Localização excepcional (0,00 a 0,10

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There is a subjective evaluation of these values which depends on both you and the "perito-avaliador" nominated by the Serviço de Finanças.

• If you are sure about them, these values will coincide with that of the tax return office.
• If you are, but they do not, it can be disputed by you with them at the Tax Return Office, by taking your chartered Surveyer with you and sitting down them at that office , going through how numbers were reached.

exersise comp. ang and med

Q2 .. in the introduction you gave us it states if your an architect you can become both med or ang. In the learning path comp it doesn't. Which is correct?
Touchelle

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This is one of my pet questions.

It has to do with the concepts of "actividade", "exercer", etc.

Please bring it up in class as it is rather important to get this across.

Do have a look round in forum as it was answered before.

Homework

Do I have to translate curso preparacao para exame de capacidade profissional or just read it?
Peggy

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Hi

The main objective is for you to prepare your own vocabulary system which can allow you to understand the whole scope of jargon used and the concepts and cultural walls that surround the theme.

How you manage to do this, by reading or translating, is really your call.

Regards,

Daniel

Actos e Contratos

There are 2 items that I would like you to explain from this chapter.

1. In Uso e Habitacao it says:

a faculdade de certa coisa alheia ser servida e dai serem colhidos os seus frutos, na mediada das necessidades quer do titular quer de sua familia?

What does that mean?

2. With regard to the regime do arrendamento rural it is explained that a licenca de utilicazao must have been issued, "mediante vistoria realizada menos de oito anos antes da celebracao do contrato. (8 years???)

And, if not stated differently, o prazo de arrendamento urbano e de 6 meses. But minimum is 5 years and max. 30 years???

Hermy

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Here goes:

1. In Uso e Habitacao it says:

a faculdade de certa coisa alheia ser servida e dai serem colhidos os seus frutos, na mediada das necessidades quer do titular quer de sua familia?

This means that, derived from the Portuguese Constitution, if one alocates a home/house/place, as one's fiscal residence PLUS that we are a family unit there, this constitutes a HIGHER value.

Remember that Portugal advocates the family (Remember why abortion is still a crime) above all else.

Thus "USO E HABITAÇÃO" is evoked through urban rental contracts or simple take over. There a situation in your area I know of, with a Dutch guy, where he toils with this to someone's pain and anger...

2. With regard to the regime do arrendamento rural it is explained that a licenca de utilicazao must have been issued, "mediante vistoria realizada menos de oito anos antes da celebracao do contrato. (8 years???)

And, if not stated differently, o e de 6 meses. But minimum is 5 years and max. 30 years???

You are wrong, as it is not "rural" but "urbano" the reantal situation and law.

You are crossing different laws and messing it up:

a) All urban licenses have a life-span of 8 years;

b) The "prazo de arrendamento urbano " is minime 5 years to be legal. If you stipulate a lesser time, it falls into 6 months (which has nothing to do with real estate contracts, by the way), but alas, what you get is an irrevocable contract that will last eternity and more!...

c) All "locação" (rental, letting and leasing) contracts cannot excedent 30 years.

Answered?

Regs.

D.

Test 4 Question 13

Has the number now changed from 81.600 to 104.375

Exemption of IMT ?

Thanks

Rita

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This has to do with the different taxation in mainland Portugal and the autonomous regions of Madeira and Azores.

Gestor Financeiro

Angriador vs Mediador Test Question 10 ; Why can a Gestor Financeiro be " Ambos " when in the Bible statets clear that he can be only a Angriador ? Thanks Rita

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As explained in the classroom, the issue does not have to do with being dispensed from doing the exam, as then as you rightly put it it would make such a person obliged only to follow angariação, but rather that such a person has more than enough qualifications to be able to do one or the other. Hence "both".

OS 4 pergunta 10

We thought that there is no obligation to go to the notary for a promissory contract. Where do we think wrong? Or do we read it wrong?

Marijke and Hermy

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This is a topic we discussed very thoroughly in class. Remember the use of the Maslow piramid?...

OS 4 pergunta 4

A identidade de cada predio is C, while we read in the dicionario de habitacao that the caderneta predial is the bilhete de identidade do imovel, so why not A?

Marijke and Hermy

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That is a very good question to put:

- The dictionary you looked at belongs to a bank. their reasoning is that the caderneta translates the cadastro of the property which contains the same up-to-date facts of a property such as placement and ownership, plus taxable value of the "imóvel".

- But in reality it does not identity such things as onuses and charges and servidões prediais and other events which may be relevant to the transmission of a property.

That is why the final act in a sale (transmission), it's perfection, is the enrolment of such an act at the land registry.

Also, like all our marital and civil events are registered at the Civil Registry, and thus we have an ID Card, likewise, all the events a property goes through are only registered at the Land Registry and the Certidão de Teor Predial is the ID document of that property.

And hence, one should consider "C" to be correct. But be aware of the how the issue is put, because the Fiscal (Taxable) ID is made through the Caderneta, or even the proof of payment of IMT...

Pergunta 7 OS 3

Please explain that the answer is A instead of B. We know that someone must fall in love to become interessado, but did not know that they have to be buyers/tenants etc.

Hermy and Marijke

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"Concretiza" means they fulfill, put into practice...

"Interessou-se" means they showed interest, but does not imply they went ahead with the deal...

It has simply to do with concepts and how mediação imobiliária is seen by IMOPPI.

If you were working with British properties, then the intention would be good enough and it would up to the 2 lawyers or solicitors envolved to make sure the deal went through; Your role would be only that of intentions; And your commission also would only ca. 2% ...

Pergunta 8 OS 3

Are people obliged by law to insure their properties multi-risco?

Ofcourse we advice it. Where can we find these obligations?

Hermy and Marijke

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Until 1997 (If my memory is correct) it was the simple fire insurance.

Since then the "Seguro Multi-Risco." has become mandatory as there are several different causes that were not foreseen in the previous system which had reprocussions mainly in court, eg. damages caused in common areas in Condos...

Hence it is the mandatory insurance for nationals and residents. Non-residents also, but it seems in the Algarve is has not been so.

Again, insurances are a subject in Despacho 707, but have not been brought out in exams. I bring it into the limelight because this a sure topic if this were to happen...

Pergunta 9 OS 3

Dear Daniel,

We are so sure about product, price, place and promotion, which is answer C.

Localizacao could be something we misunderstand in Portuguese, but in our dictionary it implies the same as location. Which is Place.

Please explain.

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"Produto, Preço, Distribuição e Comunicação." - is the correct answer.

There 2 aspects to bear in mind:

a) Translation and adaptation. Marketing geeks in Portugal have adopted such a lexicus. Full stop.

b) This is NOT a syllabus active in IMOPPI exams, but I have kept this in focuse since 2004 as it is a subject refernced in Despacho 707.

Hence there is not much to be said about this.