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Deals & Cases

Violation of the Licensed Real Estate Agents Act

Violation of the Licensed Real Estate Agents Act | Representing a Client in Filing a Complaint in a Violation of the Licensed Real Estate Agents Act Case and Achieving Punishment

For a consultation regarding a violation of the Licensed Real Estate Agents Act, the client sought a criminal attorney. The client requested assistance, saying that they wished to file a criminal complaint against an agent who had committed an illegal act.

CONTENTS
  • 1. The Client Who Requested a Consultation Regarding a Violation of the Licensed Real Estate Agents Act
    • - What a Violation of the Licensed Real Estate Agents Act Is
    • - An Explanation of the Case of the Client Who Requested a Consultation Regarding a Violation of the Licensed Real Estate Agents Act
  • 2. The Assistance Provided to Represent the Client in Filing a Complaint for the Violation of the Licensed Real Estate Agents Act
  • 3. The Result of Representing the Client in Filing a Complaint for the Violation of the Licensed Real Estate Agents Act: Punishment of the Agent
    • - If You Have Been Harmed by a Violation of the Licensed Real Estate Agents Act

1. The Client Who Requested a Consultation Regarding a Violation of the Licensed Real Estate Agents Act

Violation of the Licensed Real Estate Agents Act Unregistered Brokerage Dual Contract Drafting Excess Brokerage Fee Real Estate Actual Transaction Report Qualification Suspension Disposition

This is the case of a client who requested a consultation regarding a violation of the Licensed Real Estate Agents Act.

One year ago, the client entered into a land sale contract for an amount exceeding one billion won.

However, the buyer had not paid the balance of the purchase price since entering into the contract, which was a source of worry.

The client then went to the agent who had connected them with the buyer at the time of the contract and inquired about the situation.

In the process, the client happened to learn that the agent was operating a real estate brokerage office without legal registration.

As this was a clear illegal act, the client felt a great sense of betrayal and resolved to file a criminal complaint against the agent for a violation of the Licensed Real Estate Agents Act.

However, feeling that they lacked legal knowledge, the client sought a criminal attorney to handle the representation in filing a criminal complaint for the violation of the Licensed Real Estate Agents Act.

What a Violation of the Licensed Real Estate Agents Act Is

The Licensed Real Estate Agents Act is a statute enacted to secure the transparency and safety of real estate transactions, and a violation of it carries serious legal liability.

Operating a real estate brokerage business without holding a licensed real estate agent qualification, or carrying out brokerage work without legal registration, is a representative act in violation of the Licensed Real Estate Agents Act.

An Explanation of the Case of the Client Who Requested a Consultation Regarding a Violation of the Licensed Real Estate Agents Act

Under Article 9 of the Licensed Real Estate Agents Act, a person who intends to engage in the brokerage business must register the establishment of a brokerage office with the authority having jurisdiction over the area where the brokerage office is to be located.

However, the client was harmed by an agent who was operating a real estate brokerage office without going through this legal registration procedure.

Carrying out brokerage activity without registering the establishment of an office is illegal and may be punished by imprisonment for not more than three years or a fine not exceeding 30 million won.

A party to a transaction who has been harmed, like the client, may file a criminal complaint based on the broker's violation of the Licensed Real Estate Agents Act, and may also claim civil compensation for the loss arising from it.

2. The Assistance Provided to Represent the Client in Filing a Complaint for the Violation of the Licensed Real Estate Agents Act

In order to file a complaint against the agent who violated the Licensed Real Estate Agents Act, the criminal attorney closely reviewed the client's sale contract and the circumstances of the case at the time the contract was entered into, from a legal standpoint.

The attorney then made the following arguments so as to prove and punish the agent's illegal brokerage activity.

Securing Specific Evidence of the Defendant's Illegal Brokerage Activity

The criminal attorney set about securing evidence in order to prove the defendant's illegal brokerage activity.

At the time of the land sale contract in this case, the defendant had carried out brokerage activity and received a fee from the client.

The attorney therefore secured the remittance records relating to the fee the client had paid to the agent, and closely reviewed a copy of the contract as well as the fact that the agent had not provided a business registration number.

Submitting Evidence to Prove the Defendant's Illegal Brokerage Activity

On the basis of the secured evidence, the criminal attorney focused on proving the defendant's illegal brokerage activity.

By submitting the fee records and a copy of the contract, the attorney emphasized the fact that the agent had been substantively involved in entering into the contract.

On this basis, the attorney strongly argued that, because the defendant had carried out brokerage activity without registering a brokerage office, this was an act in violation of the Licensed Real Estate Agents Act.

3. The Result of Representing the Client in Filing a Complaint for the Violation of the Licensed Real Estate Agents Act: Punishment of the Agent

As a result of the criminal attorney's best efforts on behalf of the client who requested representation in filing a complaint for the violation of the Licensed Real Estate Agents Act, the defendant received a two-year suspended sentence for the violation of the Licensed Real Estate Agents Act.

If You Have Been Harmed by a Violation of the Licensed Real Estate Agents Act

The case above was an instance in which a client harmed by a broker who operated a real estate brokerage office without registering its establishment obtained an 🔗attorney referral to file a criminal complaint and came to Daeryun.

As above, problems such as illegal brokerage activity or contract performance frequently arise in real estate transactions.

In such cases, it can be helpful to receive the help of an attorney who has both specialized real estate knowledge and experience handling criminal matters.

At Daeryun Law Firm, a criminal attorney collaborates with attorneys in each field to provide systematic support tailored to the case of a client who needs representation in filing a complaint.

If, as above, you have been harmed by a violation of the Licensed Real Estate Agents Act, please feel free to entrust your case through a 🔗criminal attorney legal consultation booking at any time.


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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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