Facebook,Please don't allow unlicensed agents to sell real estate on FB as per Law R​A9646

Facebook,Please don't allow unlicensed agents to sell real estate on FB as per Law R​A9646

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JOVENCIO CAINONG started this petition to Facebook and

The real estate service industry in the Philippines is regulated by  Republic Act 9646  or Real Estate Service Act since 2009  through the Professional Regulation Commission (PRC). After graduating from Bachelor of Science in Real Estate Management, Real Estate Brokers must pass the Licensure Exam to get their license. Real Estate Salespersons must undergo accreditation seminars approved by PRC. Each broker can accredit a maximum of 20 Real Estate Salespersons to work under him.

Republic Act 9646 states in Section 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided. 

Some real estate platforms are complying with the law such as Lamudi.com.ph  and Property24.com.ph

FB is the leader of social media. The best platform for lead generation. 

We notice however that Facebook does not vet or qualify their posters on their timelines or advertisers on FB Page or FB Marketplace, whether they are licensed or not in accordance with the law.    

The proliferation of unlicensed practitioners on Facebook has caused most of the problems of real estate buyers and sellers. These “colorums” as we call them, portray themselves as real estate professionals when they are not.

Republic Act 9646 or Real Estate Service Act (RESA) which became law in 2009 specifically prohibits persons from advertising real estate such as the sale or rental of all real estate products: private listings, raw land, industrial lands, lots, memorial lots, house and lots, condominiums, subdivisions if they are not licensed as real estate brokers or accredited real estate salespersons with the Professional Regulation Commission (PRC). The exemption applies to actual property owners, attorneys-in-fact acting in behalf of the property owners, banks, Pagibig fund,  officers of the court for disposal of foreclosed properties.

Every day a lot of people are violating this law by portraying themselves on FB as legitimate Real Estate Professionals by advertising real estate products such as lot, house and lot, condominiums, buildings, commercial properties, industrial where in fact they have no PRC license as brokers or accreditation as Real Estate Salespersons According to Republic Act 9646,  advertising real estate in any medium without PRC license or accreditation is a criminal offense subject to 4 years imprisonment and 200,000 Php fine.

What do we propose to Facebook?

FB with its sophisticated artificial intelligence (A.I.) and algorithm (like the one employed in your anti-discrimination policy) will be able to detect postings on timelines and on FB Marketplace that mentions sales or rental of real estate terms such as lot, raw lands, farms, resorts, raw lots, house and lot, condominiums, condos, farms, commercial building, industrial commercial ,properties, memorial lots, or its equivalent meaning in local dialects such as bahay, lupa, lote lote, condo, balay, yuta data data, , or other local dialects Hilagaynon, Ilokano, Pampanguenio and other languages in the Philippines. Upon detecting these terms to be posted in timelines or, FB Marketplace,or  Ads Manager, FB A.I. will show a pop-up or drop-down menu that asks the poster for his credential: Whether he is the Owner, Broker or Salesperson of the property that is about to be posted.

a.)  If he declares that he is the owner, or representative of a bank, He will be allowed to post the property.  

b.)  If he declares that he is a Licensed Real Estate Broker, he will be asked for his PRC License number and its expiry date.

c.) If he declares he is an Accredited Salesperson, he will be asked for the name, PRC License number, and expiry date of his upline broker. Under the law. All Salespersons must be under the supervision of Licensed Real Estate Brokers. A broker can accredit a maximum of 20 Salespersons.

If he fails to respond, then his ad will not be approved and not be posted on his timeline, FB Marketplace, Ads Manager, or any other part of Facebook or Instagram.

Upon approval of postings on timeline, FB Marketplace or Ads Manager,

 a). The posting or ads shown will indicate that he is the owner of the property or FSBO (For Sale by Owner),     

 b.) If broker, His posting, or ads will identify him /her as a Licensed Real Estate Broker with his/her license number and expiry date shown,   

c.)  If Salespersons, he will be identified in his posting as Salesperson and will show the name of his/her upline broker, the license number and expiry date.

It is also suggested to Facebook, that a dropdown menu will be available to report to Facebook about an advertisement that is suspected to be fictitious or done by an unlicensed agent.  To prove that he or she is a licensed broker or agent, A PRC-License must be uploaded to prove that the advertisement is done by a licensed poster or advertiser.

According to law, PRC license numbers should be stated in all advertisements in any medium even in the internet. It is also mandated that Real Estate Brokers and Real Estate Salespersons use their real names to properly identify if they are fictitious accounts or not in their posting or advertisements.

These screening questions by Facebook will greatly help professionalize the real estate service industry in the Philippines. In the US and other countries where they impose heavy sanctions on violators, nobody pretends to be a licensed broker or agent on Facebook.

FB can effectively help minimize the presence of people who are not licensed professionals in the FB system thereby encouraging them to become legitimate real estate professionals by taking up Bachelor of Science in Real Estate Management course and take the PRC licensure exams for real estate brokers or join seminars for accreditation required by Professional Regulation Commission for Real Estate Salespersons.

We do hope that Facebook will seriously consider this proposal to professionalize the real estate industry.

Your help will surely improve the services of real estate practitioners and will result to better services to the buying public. Your partnership with us will also yield good business for Facebook as real estate professionals will reciprocate by advertising our property listings on your paid ads platform

Attached is a copy of Republic Act 9646, sample copies of our PRC and DSHUD ID’s and memoranda from the Professional Regulatory Board of Real Estate Service under PRC.

Thank you very much and more success to Facebook.









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