What I Can Offer To A Real Estate Company In Portugal

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Daniel Foster da Silva

What I can offer a EMI (Real Estate Mediation Company) Important Notes on nomenclature & definitions applied to Portuguese real estate industry (Law DL 211/2004):



Empresa de Mediação Imobiliária (EMI) This must be a corporate entity (Lda, SA, Agrupamento), with head office in Portugal or in a EU country, that is licensed by InCI Real Estate Agency or real estate mediation company is herein named EMI.



Angariador Imobiliário (AI) This is a self-employed entrepreneur who renders services to one or more EMIs (See note below



explaining this correctly & more fully) Real Estate Salesperson or lister is herein named AI.



What I offer: • • • • •

Business Plan which incorporates structure and strategy in the field Acquired, applied knowledge and experience in dealing with EMIs and AIs Recourse to my AEP (Angariador Empowerment Programme) & its top AIs 6 years, ongoing, professional capacity for the EMI's license In-depth & all-round training in SEO, e-Branding, Surveying, Listing, Sales, Due Diligence applied to EMIs, among other subjects

My Track Record: • 15 years of running my own successful EMI in the Estoril Coast (Reason to leave: Divorced my partner & gave her the company) • 7 years of successfully training EMIs & AIs, making start-ups of new companies (95% still operational) and the reengineering of companies, by creating improvements through greater efficiency and effectiveness of the business process that existed within and across organizations

Road map 4 business plan 2 increment EMI's position in market Structure & Principle An EMI with a lean structure using only a small number of people and a small amount of money etc. so that there is no waste. But must have a strong back-office support (1 or 2 managers and 1 admin person), that takes on the services provided by AIs in teams of 2 or 3 per zone. Plan of Attack for an efficient EMI

http://www.google.com/profiles/danielfosterdasilva

I work by protocols, which mean procedures and objectives: • Predefined areas and segments of clients, determined within the Algarve and targeting of interested persons through e-marketing tools and applied protocols. • Team comprised of an office manager and 1 or 2 salespersons, plus an admin person. Method “The horses before the cart” • To attain in a particular zone sales results and established AI teamwork, before consolidating an affiliate office. - First establish a good sales AI team in zone, equipped and with meeting/work location - Make sales happen and prove AI team’s effectiveness and value - Find, in time, suitable office location and get a sturdy back-office administrative person. - Keep overheads low and AI team highly motivated Recognition Protocol By establishing together a geographical area, I shall need to spend time with AIs getting to know the area, people and entities. This is divided into 2 moments: st 1 – Viewing the zones of most interest (some 2 weeks viewing) nd 2 – Establishing ties and platforms of action (which will take between 3 to 6 months) Listing Protocol Listing a property should make the best use of the legal instrument called “the real estate mediation contract” as a means to creating near-free marketing tools for promoting the property. Collaboration Protocol Through the Clustering system for EMIs I have at hand and the network of AIs, it will be possible to engross the number of properties listed many times over, with the warranty that such listings have above average quality. Sales Team & Retribution In order to get the best sales persons in the business, who are AIs, the best practice is to give them high percentages (called retribution) of sales commission (named remuneration) received by EMI, which should be 50/50%. These professionals do not need mobile phones or other perks. They need to be treated for what they are: Professionals with good track records in the business. By doing this, the EMI gains far more than to try to hold on to a system which only brings in those person who should be on a salary and are only good for administrative work. My management perspective is not to undermine the company, nor in principle nor in action, but to select and uphold the AI who are top salespersons and life-givers to EMIs,

http://www.google.com/profiles/danielfosterdasilva

bringing in the sales the company needs. Through that, the company's brand and name are reinforced through good practice and due diligence by management and admin staff. This much I know because I did this successfully for over 10 years in my Estoril Coast EMI company and can prove in the field its worth and practicality.

NOTE: What does the Legal Regime say about AI / Angariação Imobiliária? I have translated freely but accurately Articles 2 & 4 from the DL. 211/2004 Law which governs AI / Angariação Imobiliária activity: The activity of real estate listing (alias, angariação imobiliária) is one in which, by contract service, a person is obliged to develop actions and provide the services set out respectively in paragraphs. 2 and 3 of Article 2 (Actions of 1 – prospecting and retrieving information; 2 – promoting the legal deal aimed at the the real estate mediation contract; Plus obtaining documentation and necessary information) needed to make and the fulfil of real estate mediation contracts, signed by real estate mediation companies. It is expressly forbidden to real estate lister (alias, angariador) the exercise of other trade or business. The real estate lister’s (AI) contract may establish that the angariador, in a given geographic area, provides services exclusively for one real estate agency. Why does InCI not make it mandatory? Because the angariador is a self-employed entrepreneur, not an employee. And the Civil Code clearly establishes there must exist a balance between the 2 parties of any service contract, as 2 clearly separate entities. Here is an example taken from a service contract (not pertaining to angariação per se): (Deontology and confidentiality) The present contract is celebrated (ergo, signed) in the terms of artigo 1154.º do Código Civil, both which both Outorgantes agree that the 1.º Outorgante obliges itself to provide the 2.º Outorgante with: 1.

The result of his/her Professional work, without hierarchical subordination,

acting with technical autonomy, being limited only by his/her own deontological statute; 2. Secrecy in regard to these services, within the limits of the law, which safeguard the good will and practice of the 2.º Outorgante’s professional activities in Portugal.

http://www.google.com/profiles/danielfosterdasilva

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