A Study on the Authority to Prepare Commercial Premium Contracts

Abstract

As to whether it is a violation of the “Licensed Administrative Agent ACT” for a licensed real estate agent to prepare a commercial rights contract, the Suwon District Court's Seongnam Branch sentenced on November 11, 2022 Godan 577 stipulates as follows. ① Preparing a consulting contract for the transfer of daycare centers corresponds to a premium contract, and preparing a premium contract corresponds to a “document on rights obligations or proof of facts,” which violates the Licensed Administrative Agent ACT. ② The act of mediating a premium contract and preparing a premium contract does not constitute an intermediary act stipulated in the Licensed Real Estate Agents ACT, so the act of mediating a premium contract and preparing a premium contract violates the Licensed Administrative Agent ACT. ③ If the premium contract and the lease transfer contract are inseparable, it is difficult to conclude that both contracts are inseparable from one contract. ④ These Defendants' actions do not constitute a mistake in the law. However, a premium contract is a contract that must be accompanied by a lease contract, is inseparable from a lease contract, and is effective only when both the premium contract and the lease contract are fulfilled, and the other contract is canceled, invalid, or canceled. Therefore, considering that the preparation of premium contracts is one of the tasks of many licensed real estate agents accompanying lease contracts, premium should be recognized as an object of brokerage, and to clarify this, the Enforcement Decree of the Certified Real Estate Agents Act needs to be revised.