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Code of ethics

Definition of terms

In this Code of Ethics, a franchisee is defined as a person doing business in the Czech Republic in the field of real estate business, who is contractually obliged and authorised by RE/MAX ČR to use and exploit the RE/MAX system in the relevant locality in the Czech Republic and is also entitled to choose real estate agents to carry out their transactions.

For the purposes of this Code of Ethics, Maxis refers to the electronic (software) information system established and operated by RE/MAX ČR for keeping records of business cases, which (in addition to its record-keeping and statistical significance for the RE/MAX system) serves primarily to present business cases to the public.

In this Code of Ethics, RE/MAX Persons refers to any person who is authorized to use the RE/MAX System (franchisee, real estate agent) and/or is an employee of that person and/or is routinely associated with such a person by the public.

For the purposes of this Code of Ethics, other agents shall be understood as persons doing business in the Czech Republic in the field of real estate trade who are not entitled to benefit from the RE/MAX system.

In this Code of Ethics, a real estate agent is defined as a sales partner independently conducting business in the Czech Republic in the area of real estate agency and services, who is contractually obligated to the franchisee and entitled to use the RE/MAX system on the basis of a contract with the franchisee.

The Franchisee’s manager refers to all persons who have a direct or indirect business share in the franchisee and/or are members of the franchisee’s statutory bodies or are the franchisee’s executives or persons who are entrusted with the franchisee’s business management.

For the purposes of this Code of Ethics, an employee is any person who is employed by a franchisee and/or a real estate agent.

Trademarks in this Code of Ethics include the trademarks, service marks, logos, and/or designs “RE/MAX”, “RE/MAX BALLOON AND DESIGN”, “RWB BAR DESIGN”, or other trademarks, service marks, logos, and/or designs by RE/MAX International and/or RE/MAX Europe.

Ethics of persons in the RE/MAX system

  1. RE/MAX persons always act towards clients, other persons, and among themselves on the basis of respect and professional ethics. RE/MAX persons share their experience and knowledge with each other to ensure the highest possible quality of service.
  2. RE/MAX persons shall comply with the generally binding legal regulations of the Czech Republic.
  3. The services and products provided or to be provided by RE/MAX persons shall meet the requirements of the RE/MAX system in appropriate quality. The quality of services provided by RE/MAX ČR will be regularly evaluated and appropriate measures will be taken as necessary.
  4. No person of the RE/MAX system will provide or participate in the provision of services in a dishonest and unprofessional manner and/or in a manner that would diminish and jeopardize the reputation of the RE/MAX system.
  5. RE/MAX Persons will at all times avoid untruths, deliberate misrepresentations, and misleading information. RE/MAX Persons shall in no way engage in deceptive and/or fraudulent practices in the conduct of their business.
  6. RE/MAX Persons commits to provide only objective information to the media and the media based on verified facts.
  7. RE/MAX persons shall not offer or provide, directly or indirectly, any benefit to third parties which is intended to obtain an undue advantage or benefit and/or which could be considered as a bribe.
  8. RE/MAX persons shall not, by their conduct, damage the clients and the reputation of the real estate profession. In the event of conflicts or ambiguities in relation to third parties or to each other, RE/MAX persons shall always seek an amicable solution. If it is obvious that the persons of the RE/MAX system have not reached an amicable agreement, then they shall submit the matter to RE/MAX ČR for resolution, which shall decide the matter. The decision of RE/MAX ČR shall be binding on all persons in the RE/MAX system.
  9. All information obtained in connection with the operation of the RE/MAX system is considered confidential and must be properly protected against misuse.
  10. RE/MAX system persons shall not commit unfair competitive practices and shall not take unfair advantage against other agents or against each other.
  11. RE/MAX System Persons are loyal to RE/MAX ČR and to the RE/MAX System.

Franchisee

Ethics of the Franchisee and the Franchisee Manager

  1. The Franchisee and Franchisee Manager shall avoid any conduct that may diminish the esteem of the RE/MAX System with clients, the public, or RE/MAX System personnel and shall take strict care to ensure that the RE/MAX System is perceived and appreciated by the public as a high quality, professional and universally recognized system of first-class real estate services.
  2. The Franchisee and Franchisee’s manager shall keep themselves informed of the status and developments in the real estate market in its area of operation and the factors that significantly affect that market.
  3. The Franchisee and franchisee manager shall protect the interests of clients and deal with all parties to a business case to the best of his or her knowledge and conscience.
  4. Neither the Franchisee nor the Franchisee manager will disparage the activities of other agents, nor offer opinions on the activities of other agents. If his opinion is sought, he may do so in a decent and blameless manner.

Using trademarks and Maxis as a franchisee

  1. The Franchisee and the Franchisee’s manager are involved in the efficient operation of the RE/MAX system and are responsible for the use of the trademarks by their employees and/or the real estate agents with whom they are contracted. The franchisee shall promptly notify RE/MAX ČR of any use of the trademarks in violation of the RE/MAX system.
  2. The Franchisee shall comply with the RE/MAX Trademark Rules as adopted by RE/MAX ČR from time to time. The Franchisee shall be responsible for compliance with the RE/MAX Trademark Rules by its employees and/or real estate agents with whom it is contracted.
  3. The Franchisee shall source all supplies and materials bearing any trademark from a supplier approved by RE/MAX ČR. The franchisee shall be entitled to propose any other supplier to RE/MAX ČR for approval.
  4. The Franchisee shall comply with the Maxis Manual as adopted by RE/MAX ČR for the time being. The Franchisee shall ensure the protection and security of electronic mail, intranet, and Maxis (in particular by using updated anti-virus programs, spyware, and firewalls, preventing the spread of spam, etc.) within its franchised real estate agency. The Franchisee shall comply with the RE/MAX International Intranet Access Manual (Mainstreet) as adopted by RE/MAX ČR from time to time.

Franchisee’s business

  1. The Franchisee provides services within the scope of its business activity always with the name used within the RE/MAX system (e.g. RE/MAX Reality).
  2. The franchisee agrees to use their best efforts to identify the property using the trademarks at all times when conducting business. He may only do so provided that he has the permission of the owner of the property being marked. The marking will be done at a place and time appropriate to the property and in a manner that does not disparage the RE/MAX system.
  3. The Franchisee shall be responsible for the fulfillment of all the requirements that must be met by the parties to the business case in accordance with the generally binding legislation of the Czech Republic.
  4. The Franchisee shall promptly inform the parties to the business case of all material facts relating to the business case.
  5. The Franchisee and the Franchisee’s manager shall not provide advice to clients that are outside their professional competence. If the circumstances of the business case require the involvement of an expert in the relevant field (e.g. lawyer, tax advisor, architect, etc.), the franchisee or franchisee manager shall consult with that expert.
  6. The Franchisee and franchisee manager may not knowingly contact a client of another franchisee to offer services that are already provided to the client by that other franchisee.
  7. In the event that one of the parties to the business case is the franchisee and/or the franchisee’s manager, a person close to them and/or economically connected to them, they must make this fact known to the other parties to the business case.
  8. The franchisee must keep the funds it receives from a party to the business case separate from its own funds in a special deposit account specifically designated for this purpose.
  9. The Franchisee is obliged to ensure the protection of the personal data of clients and other participants in the business case in accordance with the legislation of the Czech Republic, in particular in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
  10. The Franchisee is obliged to ensure that this fact is entered into Maxis immediately after the commencement of the mediation of the business case.
  11. The Franchisee shall comply with the Rules for Transmission of Business Cases within the RE/MAX system, which are accepted by RE/MAX ČR at the time.
  12. Franchisee’s cooperation with other agents is possible provided that it does not damage the RE/MAX system.
  13. The Franchisee shall use uniform templates of the Sales Partner Cooperation Agreements, Real Estate Services Agreements, and the Escrow Agreements accepted by RE/MAX CR at the relevant time in its business activities.

Education, awareness, and accountability

  1. The franchisee manager continuously improves his/her qualifications and participates in all educational and informational programs determined by RE/MAX ČR.
  2. The franchisee and the franchisee’s manager inform the real estate agentss with whom the franchisee is contractually bound about the principles, operation, and requirements of the RE/MAX system.
  3. The Franchisee is responsible for the selection and activities of the real estate agents with whom it is contracted and is responsible for the performance of these persons within the RE/MAX system.
  4. The Franchisee shall comply with and support the marketing strategy of RE/MAX ČR.
  5. The Franchisee and/or Franchisee Manager shall attend meetings convened by RE/MAX ČR to present and consult on the Franchisee’s financial and business plan and attend Franchisee Board meetings.
  6. The Franchisee shall comply with the Complaints Procedure adopted by RE/MAX ČR at the time.
  7. The Franchisee shall promptly notify RE/MAX ČR of any violation of this Code of Conduct of which it becomes aware.

Real estate agent

Ethics of a real estate agent

  1. A Real estate agent shall avoid any conduct that could diminish the reputation of the RE/MAX system with clients, the public or RE/MAX system persons and shall take strict care to ensure that the RE/MAX system is perceived and appreciated by the public as a high quality, professional and universally recognized system of first class real estate services.
  2. The Real estate agent protects the interests of clients and deals with all parties to a business case to the best of his/her knowledge and conscience.
  3. The Real estate agent continuously improves his/her qualifications and participates in all educational and informational programs designated by RE/MAX ČR.
  4. The Real estate agent does not disparage the activities of other agents or offer an opinion on the activities of other agents. If his/her opinion is sought, he/she may do so in a decent and impeccable manner.

Services provided by a real estate agent

  1. A Real estate agent shall not mediate business cases without the knowledge of the person who intends to carry out the business case.
  2. The Real estate agent is obliged to enter this fact into Maxis immediately after the commencement of the mediation of the business case. The real estate agent shall comply with the Manual for working with Maxis adopted by RE/MAX ČR at the given time. The real estate agent shall comply with the Manual for accessing the RE/MAX International intranet (Mainstreet) adopted by RE/MAX ČR at the given time.
  3. The Real estate agent who entered the business case into Maxis first or whose Maxis shows an earlier date and time when the business case was entered into Maxis is the intermediary of the business case.
  4. The Real estate agent shall, without undue delay, truthfully inform the participants in a business case of all the facts which they learn during the execution of a business case. During negotiations, the real estate agent will avoid exaggerating, concealing and / or distorting these facts.
  5. A Real estate agent shall not give advice to clients which is outside his/her professional competence. If the circumstances of the business case require the participation of an expert in the relevant field (e.g. lawyer, tax advisor, architect, etc.), the real estate agent shall consult this expert.
  6. The real estate agent is not entitled to enter into a agency or similar contract and/or an agreement on the receipt of remuneration or commission with the parties to the business case in his own name and on his own account.
  7. The real estate agent is obliged to ensure the protection of personal data of clients and participants in the business case in accordance with the legislation of the Czech Republic, in particular in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended.

Information and other obligations of a Real Estate agent

  1. The real estate agent must inform the client which franchisee they are contractually bound to.
  2. In the event that one of the parties to a business case is the real estate agent themselves, a person close to them and/or economically connected to them, they must notify this fact to the other participants in the business case.
  3. If the real estate agent represents one of the parties to the business case, he is obliged to inform the other parties to the business case of this fact without delay.
  4. The cooperation of the real estate agent with other real estate agents is possible provided that it does not damage the RE/MAX system.
  5. The real estate agent shall immediately inform RE/MAX ČR of any violation of this Code of Ethics.

Sanctions

  1. Violations of this Code of Ethics will be dealt with by RE/MAX ČR in a manner it deems appropriate in acting in a fair and reasonable manner.
  2. Violation of this Code of Ethics is considered by RE/MAX ČR to be a breach of contract and may result in the expulsion of the franchisee or real estate agent from the RE/MAX system.
  3. RE/MAX ČR may seek compensation from the person who has caused damage to the RE/MAX system or its reputation by violating the Code of Ethics.