Code of Ethics

Artigo 1.º — Purpose

1. The Code of Conduct sets out the principles of action and the standards of conduct that must guide the conduct of the Members of the Associação Portuguesa de MLS (APMLS) and of their staff in performing their contribution to the purpose of the Association, in particular in the sharing of property listings and the corresponding data, and in their activities within the real estate sector.

2. This Code seeks to promote integrity, transparency, collaboration and respect for the rights of all those involved.

Artigo 2.º — Scope of Application

The Code binds the Members of APMLS and their staff.

Artigo 3.º — Objectives

The Code of Conduct seeks to:

a) Ensure the clarification and harmonisation of reference standards in the exercise of the real estate activity provided by Members, assisting decision-making in the face of ethical dilemmas;

b) Formalise and disseminate the values, principles of action and standards of conduct that govern Members’ relationships with clients;

Artigo 4.º — Nature of the Rules

1. The Code of Conduct forms an integral part of the system of internal rules of APMLS, to be observed by all Members.

2. Compliance with the rules of the Code does not release Members from knowing and complying with the remaining internal rules and with the applicable legal and regulatory provisions.

3. The Code of Conduct contains and systematises the values, principles of action and standards of professional conduct.

Artigo 5.º — Fundamental Principles

The activity and collaboration of Members and of their staff are governed by the following fundamental principles:

a) Integrity: Members must act with honesty, loyalty and respect for legal and ethical rules, safeguarding the credibility of the Association and public confidence.

b) Transparency: Members must share clear, complete and accurate information in their advertisements and in their listings, including texts, photographs and virtual tours, ensuring that the data presented is reliable and up to date.

c) Collaboration: Members undertake to contribute actively to the sharing of data and resources, observing the quality standards and the requirements established by the Association.

d) Independence between Interests: Members must respect the independence between:

i) the interests of the Association and those of Clients;

ii) the interests of Clients among themselves;

iii) their personal interests and those of the Association and of Clients, avoiding situations liable to give rise to a conflict of interests.

e) Non-Discrimination and Equal Treatment:

i) Members and their staff are prohibited from practising any kind of discrimination on grounds such as race, gender, incapacity, disability, sexual orientation, political or ideological convictions, religion, education, marital status or any other.

ii) Members and their staff must act with courtesy, tolerance and respect, and refrain from any behaviour that may be regarded as offensive.

f) Protection of personal data:

i) Members must fully comply with the provisions of the General Data Protection Regulation (GDPR) and with other applicable national and European legal rules.

ii) Members are responsible for ensuring that all personal data collected in the course of their activities is processed lawfully, fairly and transparently, safeguarding the confidentiality and security of the information.

iii) Members undertake to obtain the informed consent of data subjects for the processing of their personal data, clearly specifying the purposes of the processing.

iv) Members must ensure compliance with the rights of data subjects, including the rights of access, rectification, erasure, restriction of processing, portability and objection, responding to requests in good time.

Artigo 6.º — Duties towards Clients

1. When representing a buyer, seller, tenant, owner or other client, Members undertake to protect and promote the interests of their clients, without harming the other party or third parties involved, and ensuring that transactions are carried out fairly and ethically.

2. When representing a buyer, seller, owner, tenant or other party, Members remain obliged to treat all parties with honesty and transparency.

3. Members are prohibited from deliberately providing any false information, in particular as to the market value and identification of properties or their characteristics, or as to their own activity.

4. Members seeking to become the representative of a buyer/tenant must provide them with truthful information, in particular as to the amounts or other benefits obtainable through the use of the services provided by the Association.

5. Members may represent the seller/owner and the buyer/tenant in the same transaction only where there is full transparency and the informed consent of both parties, and they are prohibited from obtaining commission from both parties, save where a sharing agreement exists.

6. Members representing buyers/tenants and sellers/owners must present to them all offers and counter-offers until acceptance.

7. Members representing buyers/tenants are not obliged to continue presenting properties to their clients after an offer has been accepted, unless otherwise agreed in writing.

8. Members undertake to preserve confidential information provided by their clients in the course of any negotiation or relationship within their activity, even after that relationship has ended.

9. Members, during or after the end of professional relationships with their clients, undertake not to disclose any confidential client information, unless:

a) the client or clients consent;

b) it is required of the Member by a court decision;

c) a client intends to commit a crime and such information is necessary to prevent it;

d) such information proves essential to defend a Member or the Member’s employees against an allegation of misconduct.

10. When entering into real estate mediation agreements, Members must inform clients of the Association’s policies on collaboration and on the commissions due in connection with business concluded with Members; where the Member is a real estate mediation technician or a property canvasser, the duty of information referred to in the first part of this paragraph falls to the member real estate company to which they report.

Artigo 7.º — General Duties of Members

1. Respect for the Rules: Members undertake to:

Observe the rules and principles arising from this Code of Ethics, from the Articles of Association and Regulations of the Association, and from the applicable legislation;

Comply with the rules on access to the platform and on the exercise of the activity within it;

Pay the quotas due on time;

Pay the amounts due to other members of the Association by way of commission, following business concluded within the platform; where the Member is a real estate mediation technician or a property canvasser, the payment obligation referred to in the first part of this subparagraph is the responsibility of the member real estate company with which they collaborate;

Comply with the decisions and guidance of the Board or of other competent bodies of the Association;

Respect the commercial relationships of fellow Members, avoiding direct contact with the clients of other Members without their express consent.

2. Sharing of Listings:

2.1 Members must share their property listings through the MLS platform accurately, completely and up to date, ensuring the truthfulness of the information provided, including the price, characteristics and condition of the property.

2.2 Each Member is responsible for providing accurate and complete information on every property they share on the platform.

2.3 The inclusion of incorrect or incomplete data may give rise to disciplinary liability.

2.4 All listings must be updated within a maximum of 24 hours of any relevant change, including the status (available, under offer, sold) and the condition of the property.

2.5 Whenever a Member finds that listings are out of date or contain incorrect information, they have a duty to correct them promptly.

3. Confidentiality and Use of Data:

3.1 Members must use the information held in the Association’s database exclusively for purposes related to their activities within the MLS.

3.2 Improper use or unauthorised disclosure of the data is prohibited.

3.3 Any and all data and information supplied by the Platform contracted by the Association is supplied to Members and their employees for their use and benefit, in the capacity in which they act, and only in the performance of the real estate mediation activity, whether representing sellers/landlords or representing buyers/tenants.

3.4 Use of the data compilation is strictly limited to activities and communications from, to and between Members, for the sole purpose of effecting or seeking to effect the sale, letting or valuation of the specific properties.

3.5 Without prejudice to the preceding paragraph, no Member may use electronic mail or the export function for any information or item, except for the sole purpose of seeking to effect the sale, letting or valuation of the specific property or properties to which their electronic mail communication refers.

3.6 No Member may allow any data or information to be transmitted, retransmitted or made available, by any means, to individuals or entities who are not members or (prospective) clients.

4. Respect for Competition:

4.1 Members must act fairly and respectfully towards their competitors, refraining from practices liable to harm the reputation or the business of other Members.

4.2 Members are prohibited from approaching or contacting directly the clients of another Member during negotiations within the platform, without that Member’s express consent, thereby encouraging respect, cooperation and professional ethics.

5. Continuing Training: Members shall take part in regular training on the use of the MLS, on best practice in the real estate market and on relevant legal updates within their activity.

6. Advertising Standards:

6.1 All advertisements for properties listed on the MLS must mention the use of the system, promoting the image of the MLS as a trustworthy platform.

6.2 Information and images of properties must meet quality standards, avoiding exaggeration or omissions liable to mislead buyers.

7. Quality and Truthfulness: Members are responsible for ensuring that all information provided in their listings meets the quality standards defined by the Association and complies with the applicable legal rules.

8. Exclusivity: Only properties whose promotion is held on an exclusive basis by the Member may appear on the platform provided by APMLS.

9. Constructive Feedback: Members must give and receive feedback constructively, with a view to the continuous improvement of the sector’s practices.

10. Commissions:

10.1 Members undertake to pay, whenever due, to the members of the Association who took part in the transaction, by way of commission, within 5 days of receipt of the funds from the Member’s Client, the amount corresponding to the agreed percentage; where the Member is a real estate mediation technician or a property canvasser, the payment obligation referred to in the first part of this paragraph is the responsibility of the member real estate company with which they collaborate;

10.2 In respect of business concluded through the platform, APMLS undertakes to respect in full the freedom of its Members to agree with clients the commission amounts to be applied, without any interference or recommendation as to the amount to be charged. APMLS may make available aggregated and anonymous statistical data on sector practices, for information purposes only and without binding effect, ensuring full compliance with competition law.

10.3 Members undertake to define a clear commission structure for all transactions through the MLS platform, promoting cooperation and encouraging sharing between companies.

10.4 The rules on the sharing of commissions between Members must be clearly defined and agreed between the parties involved before a transaction takes place.

10.5 Any change to the agreed commission must be communicated to and authorised by all parties involved, so as to avoid disputes.

10.6 Commissions must be transparent and disclosed in the listing, so that all Members have access to the same information.

Artigo 8.º — Monitoring and Application of the Code

1. Requests for clarification of doubts as to the interpretation or application of the Code of Ethics must be addressed to the Ethics Committee.

2. Breach of the rules and principles of this Code of Ethics gives rise to the disciplinary liability of Members under the terms of the Disciplinary Regulation.

Artigo 9.º — Audits and Compliance

1. The Ethics Committee shall carry out periodic audits to verify compliance and to ensure observance of the rules and principles established in this Code and in the remaining internal Regulations or applicable legislation.

2. The Ethics Committee may request Members to submit compliance reports setting out the details of their activity and of the listings shared.

Artigo 10.º — Internal Reporting of Irregular Practices

The Association provides a channel, duly governed by a specific internal rule to be approved in General Assembly, for the internal reporting of irregular practices allegedly occurring within its activity, ensuring confidentiality in their handling.

Artigo 11.º — Definitions

For the purposes of interpreting this Code of Ethics, the following definitions apply:

Real estate mediation activity consists of:

the search by companies, on behalf of their clients, for counterparties for transactions intended to create or acquire rights in rem over immovable property, as well as the exchange, transfer of business or letting of such property, or the assignment of positions in contracts whose object is immovable property;

the prospecting and gathering of information intended to find the immovable property sought by clients;

the promotion of the immovable property in respect of which clients intend to carry out legal transactions, in particular through its dissemination or advertising, or through the holding of auctions;

Real estate representation: a service provided by a professional or company in the real estate sector to act on behalf of a client in property-related transactions, in particular in the purchase, sale, letting or management of properties;

Client: a person or entity that enters into a contract with a company licensed to carry out the real estate activity for the provision of real estate mediation services.

Real estate mediation company: a natural or legal person whose domicile or registered office is situated in any State of the European Economic Area and which, being a legal person, has been incorporated under the law of any of those States and carries out the real estate mediation activity.

Addressee or Interested Party: a natural or legal person who expresses an interest in the purchase, letting or conclusion of any other legal transaction in respect of a property.