HomeOpinionsRegulation won't create the professional agent: it will only reveal who already is one...

Regulation will not create the professional agent: it will only reveal who already was one

The bill regulating real estate brokerage and advertising has already passed the Senate and is awaiting consideration in the Chamber of Deputies. While its final text is being finalized, there is something beyond the control of any legislator: preparation. Those who begin preparing today will transform regulation into a competitive advantage

For years, anyone could present themselves as a real estate agent in the Dominican Republic. All it took was a phone, a social media profile, a WhatsApp group, and some well-taken photos. That era is coming to an end.

What has already been defined

As I've mentioned in previous columns, the bill has already passed the Senate and is now in the Chamber of Deputies. While its final wording may be adjusted, its core principles are clear: mandatory licensing, public registration of intermediaries, and state oversight.

But there is one truth that no legal text can alter: regulation will not create the professional agent; it will only reveal who already was one.

The customer can verify before calling

The most profound change isn't in the fines. It's in transparency.

A free, open, and public registry means that buyers can check in minutes whether the person offering them a property is authorized to do so. This registry will also record any sanctions imposed.

Your reputation will cease to be a perception and become a verifiable fact. Regulation will not create credibility; it will make visible the credibility that each professional has built.

Six practices that do not depend on the final text

The first is training. Any licensing framework will require accredited technical knowledge. Those who train today in legal, registration, and tax matters won't have to scramble tomorrow.

The second step is verification. Before listing a property, confirm ownership, legal status, the owner's identity, and any encumbrances or litigation. If you detect a risk, warn the seller in writing and recommend legal counsel.

The third is a written brokerage contract. The commission or professional fees, the scope of service, and the owner's authorization to promote the property must be stated in a signed document, not in a voice message.

The fourth is truthful advertising. The project defines as misleading any communication that misleads regarding the characteristics, price, conditions, or delivery of a property. Real photos, final prices, and realistic deadlines will be a required standard.

The fifth is the prevention of money laundering. This obligation already exists for real estate agents under Law 155-17. Anyone who does not comply with it today is already in violation.

The sixth element is the operations manual. Versions of the project have stipulated that agencies and developers with special licenses must submit a manual documenting their processes and how they supervise their agents, with compliance verified at each renewal. A serious manual isn't written in a week. It requires defining how a property is acquired, how it's verified, how agents are hired, how it's advertised, and how the client is supported through to closing. It is, essentially, the real estate company's governance in writing.

From charisma to technical competence

The new intermediation framework is the institutional response to the informed and demanding investor that I have described in previous columns.

Practicing without a license is among the offenses the bill punishes most severely, with fines that can reach 50 minimum wages. But the real cost won't be the fine: it will be being excluded from the registry that clients will consult.

The preparation also has an immigration dimension. Versions of the project have stipulated that foreign intermediaries must prove legal residency with authorization to work. It's not a matter of nationality, but of legality. Foreign professionals who operate with their status in order enrich the market. Those who arrive as visitors and begin acting as intermediaries without authorization are already operating outside immigration regulations, and registration will make this clear.

Versions of the project have also recognized differentiated treatment for those who are affiliated with legally constituted unions, a sign that the organization of the sector will have weight in the new framework.

Professionals who already operate with documented processes, written contracts, and legal status verification will barely notice the change. Regulation will not replace preparation; it will require it.

The question is not if it will arrive, but how it will find you

The registration process won't make you trustworthy. It will confirm whether you already were.

If you are an investor: Will you verify that your agent is authorized before entrusting them with your confidence and capital?

If you run a real estate agency: Do you currently have an operations manual that describes how you recruit, vet, hire, and supervise your agents, or will you hastily write it when required?

If you are a developer: Does your company have an operations manual for its sales area, and would your advertising withstand a review under the upcoming standards?

If you are a real estate agent: how many of your transactions in the last year have a written brokerage contract and verification of the legal status in the file?

If you are a foreign professional working as an intermediary in the Dominican Republic: Are your residency and work permit in order? Are you prepared, or at least preparing?

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The content and opinions expressed here are solely those of the author. Inmobiliario.do assumes no responsibility for these statements and does not consider them binding on its editorial view.
Reyna Echenique
Reyna Echenique
She is a real estate lawyer, real estate entrepreneur, CEO of Echenique Group, coach, trainer and speaker certified by John Maxwell and Tania Báez, Secretary of the Board of Directors AEI 2024-2026, and a realtor specializing in the Dominican and international real estate sector.
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