Yesterday, we discussed some issues and concerns facing the practice of real estate selling in the Philippines. Today, we will tackle some suggestions on how or what can be done to protect the rights of real estate salespersons.
Real Estate Salespersons common complaints are the abuses being done by some real estate brokers. For example, demanding unrealistic sales quotas, deducting their allowances, and worst of all, non-payment of commissions due.
When it comes to project selling, such as condominiums or subdivisions a salesperson needs to invest a lot of time and effort. They are also required to comply with Professional Regulation Commission requirements, and register to the HLURB, and in doing so the real estate salesperson has to pay corresponding dues and licenses.
My advice and practical solution is that real estate salespersons should consider and form a National Organization or Association in order to protect their rights, to be heard, and implement their advocacy in professionalizing the practice of real estate selling. Forming a National Association will be a big help in preparation for Global Real Estate Marketing and the ASEAN integration.The right of forming an association is found in the charter of the United Nations, our Constitution and Civil Law.
The Social Doctrine of the Church also promotes the Solidarity of Workers and I quote: “The Magisterium recognizes the fundamental role played by labour unions, whose existence is connected with the right to form associations or unions to defend the vital interests of workers employed in the various professions. Unions “grew up from the struggle of the workers — workers in general but especially the industrial workers — to protect their just rights vis-à-vis the entrepreneurs and the owners of the means of production”. Such organizations, while pursuing their specific purpose with regard to the common good, are a positive influence for social order and solidarity, and are therefore an indispensable element of social life. The recognition of workers’ rights has always been a difficult problem to resolve because this recognition takes place within complex historical and institutional processes, and still today it remains incomplete. This makes the practice of authentic solidarity among workers more fitting and necessary than ever.
The principle of subsidiarity protects people from abuses by higher-level social authority and calls on these same authorities to help individuals and intermediate groups to fulfill their duties. This principle is imperative because every person, family and intermediate group has something original to offer to the community. Experience shows that the denial of subsidiarity, or its limitation in the name of an alleged democratization or equality of all members of society limits and sometimes even destroys the spirit of freedom and initiative.
The principle of subsidiarity is opposed to certain forms of centralization, bureaucratization, and welfare assistance and to the unjustified and excessive presence of the State in public mechanisms. “By intervening directly and depriving society of its responsibility, the Social Assistance State leads to a loss of human energies and an inordinate increase of public agencies, which are dominated more by bureaucratic ways of thinking than by concern for serving their clients, and which are accompanied by an enormous increase in spending”. An absent or insufficient recognition of private initiative — in economic matters also — and the failure to recognize its public function, contribute to the undermining of the principle of subsidiarity, as monopolies do as well.
In order for the principle of subsidiarity to be put into practice there is a corresponding need for: respect and effective promotion of the human person and the family; ever greater appreciation of associations and intermediate organizations in their fundamental choices and in those that cannot be delegated to or exercised by others; the encouragement of private initiative so that every social entity remains at the service of the common good, each with its own distinctive characteristics; the presence of pluralism in society and due representation of its vital components; safeguarding human rights and the rights of minorities; bringing about bureaucratic and administrative decentralization; striking a balance between the public and private spheres, with the resulting recognition of the social function of the private sphere; appropriate methods for making citizens more responsible in actively “being a part” of the political and social reality of their country”.
And in the case of non-payment of their commission, they can opt to mediation or arbitration and look for a mediator or an independent person who can help them in the settlement of disagreements.
They must also have an advocacy to propose how to resolve the disputes among themselves, in a way that they won’t resort into filing cases to each other, because aside from it is expensive, the due process will take long.
Most importantly, real estate salesperson should have the professional advancement, education, and accurate knowledge in the kind of job they’re into, because having the knowledge will lead them nowhere but in the path of success. Eventually, when they become a successful real estate broker they will not abuse the real estate salespersons that they will work with because they understand the hardships of selling- they have been there.
In the Book written by Mr. Jun Garing, titled “Superb Selling Secrets” The Filipino Art of Breakthrough Selling, he wrote “Failure is success turned inside out, so they say. But failure is the most adversary of success. So, you must know how to deal with this problem if it comes your way.
To properly deal with failure, regard it as it is-failure! No more, no less. It is never a game badly played. You do not fail in order to win. You win by playing the game Right…