UNDER THE SPOTLIGHT

Re/Max Argentina: they are not paying social charges and in their real estate agencies employees are "billing"

The multinational accumulates complaints of hammers and brokers, who observe it as a billing machine with 0 investment and mere job insecurity
Por iProfesional
NEGOCIOS - 30 de Septiembre, 2019

You are encouraged to burn in the realm of real estate agents and brokers.It happens that the expansion that is evidencing the franchise model headed by RE / MAX threatens the survival of the traditional actors of the activity, who already activated a judicial crusade with the idea of ​​dismantling another proposal that bills millions via an alleged job insecurity.Specifically, the schools of the branch point against RE / MAX for operating under a system that, they denounce, would be promoting real estate without their own employees, use those enrolled as mere "lending names" and encourages the multiplication of "brokers" through courses dictated by the same company.In these activities, which extend for a few weeks, unlike the university training required among hammersmen, sources from the area of ​​the hammersmen assured iProfessional that the interested parties pay bulky fees and must even make additional payments on concepts such as clothing or use of signage with the colors and logo of the franchisor."They are like a Rappi but real estate. They give a 15-day training to the sellers, who are far from being in a dependency relationship: they are all monotributistas. They have to pay even for the desk they then use. They get someone to put their registration and thus enable points of sale or rent with about twenty brokers or more. There is no ethics and our profession is destroyed, "a representative of the Mar del Plata Hammers Chamber said.Precisely from that entity its owner, Miguel Ángel Dionisio, said that the high judicial actions aim to "end the unfair competition proposed by this system", and said that the presentations are already at the request of the Supreme Court of the province of Buenos Aires ."We are against borrowing names for these companies and, of course, very much against the lack of blank staff. There is no creation of jobs. You have to operate with professionals and that is not met. The hammer , the public corridor, is a university professional. In front of us we have people with 15-day courses taught by the same company, "he said.The position of Dionisio is also shared by Carlos Prono, secretary of the College of Hammers and Public Brokers of the province of Buenos Aires, who in dialogue with iProfesional said that RE / MAX and its similar "practice an illegal exercise of the profession.""The professional law requires to operate with its own name, not even societies are exempted from that. The framework establishes for that figure that all its members must be registered. However, this does not happen with franchise companies. "Names of those enrolled to carry out the operations," he said.Prono said that, based on these alleged irregularities, schools especially in the province of Buenos Aires began to activate actions in Justice with the intention of eradicating the practices of "lending names" that allow the commercial expansion of real estate RE / MAX ."Until now, the firm decisions have always given the reason to the schools. The institutions have also decided not to enroll any person who has a link or closeness to this type of company," he said.Action against RE / MAX SRLIn the talk with iProfesional, the secretary of the Association of Hammers and Public Brokers of the province of Buenos Aires said that at the end of last year the 20 Buenos Aires schools filed a complaint against RE / MAX Argentina SRL before the Justice because it would violate law 10.973 that regulates the exercise of the professional activity of public hammers and brokers."As a starting point, the concrete thing is that the company does not have all its employees registered, working with its own name. They have people who have trained in internal courses operating with monotax. The law is being violated, there is bad practice," he said.Prono commented to this media that, in addition to the failures already harvested by the schools of the Province, the pronouncements of two Buenos Aires deliberative councils that understand RE / MAX as a risk for the survival of precisely hammersed and collegiate corridors are also multiplied."Azul, Tandil, Mercedes, Lomas de Zamora, for putting some names, are districts where the deliberative councils spoke in defense of our profession. Likewise, more supportive actions are expected shortly, especially in the Buenos Aires suburbs. That area It is, precisely, one of the most suffering from a proliferation of these franchises, "he saidIn dialogue with iProfessional, both Dionisio and Prono measured each of the words when referring to the actions of the company in question.According to representatives of the sector of the hammers and brokers, since the action of RE / MAX gained greater visibility, the firm began to resort more frequently, in order to silence any criticism or questioning, to options such as sending document letters ."They are multinational companies with significant economic support. Even very strong in the media," Prono said. "Behind the franchise companies of this style there are very large groups of lawyers. Each time they are mentioned in some way is a back and forth of document letters," Dionisio acknowledged.Judgments and questionsIn February of this year, the Chamber of Appeal for Administrative Disputes issued a judgment against RE / MAX, stating "that it carries out the activity with a deployment derived to third parties" which indicates that "registration is facilitated for persons who they are unable to practice the hammering profession because they do not have an enabling degree, "said Santiago López Akimenco, head of the La Plata Hammers Association.In his brief, Judge Gustavo De Santis said that RE / MAX that carries out the activity "under a trademark outside the legal variables ...", and stated that, despite being enrolled (those responsible for the company), they commit a offense by making it easier for a person (agent) to perform acts of a profession for which an authorization or title is required.Already in May 2019, the Supreme Court of Justice of the Province of Buenos Aires ratified in unanimous judgment the sanction of a year of suspension to a hammer and public broker for operating under the modality of a real estate franchise.Over the course of that month, Aníbal Fortuna, president of the Martilleros College of the Province of Buenos Aires Department La Plata, charged hard against the company in statements to local media."RE / MAX is a fantasy name and those who compose it are real estate agents that do not exist either. It is an international United States franchise that has been installed in Argentina and takes hammers in a society that is not allowed by law" , argument."Actually it is a company that provides services for hammers who must buy the franchise in a system such as Tupperware, with a leader adding new agents and there it is forming as a pyramid. Most agents are people who do not even they are hammers. There is only one professional who is enabling a whole franchise, "he said.Fortuna went further: in such statements to the Plata media, he pointed out the existence of "reports of operations signed by RE / MAX agents that are not registered. There are people who have lost money from operating with agents that are not registered."The company's response was swift. Thus, in July of this year, legal representatives of the franchisor intimidated the head of the La Plata Departmental Martilleros College to retract their sayings regarding the alleged illegality surrounding the entire operation of the real estate services firm.According to the lawyers of the multinational, Fortuna executes a persecution to harm the company. And his statements "injured, violated and affected the good name, honor, credibility and reputation of RE / MAX" without "legitimate cause." Far from being intimidated, Fortuna never changed her sayings. Given this behavior, the company initiated a lawsuit.

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