LEGAL ISSUES AND LAND COMMISSION
realtor
LEGAL ISSUES AND LAND COMMISSION realtor
Brokers are middlemen who sell goods serve others by taking wages without incurring the risk, in other words a broker is a mediator between the seller and the buyer to facilitate buying and selling. Reliable realtor is not required with respect to the risk of damage to or loss of goods by accident.
Land broker is an intermediary between the land owner and the buyer. Land realtor get a commission in accordance with the agreement with the land owner. But in reality many practices that harm occurs the seller or purchaser of land. The problem that occurs if a broker wants to get the land (read: money) as much as possible, so it is often a case of pendzhaliman / burdensome both to the Seller and the Buyer, and other cases that often lead to conflict. According to Islamic law in trade issues should not cause conflict, aggravating or penzhaliman either party, all parties must be sincere so that trade does not cause harm.
Realtor in Islamic law
The work is a realtor in the view of Islam including ijara contract, ie a contract utilizing the goods or services, such as home or a job as a waiter, lawyer, consultant, and so on in return.
Consent of both parties, as described in Surat an-Nisa 'verse 29
Allah says:
"O ye who believe, do not eat each other neighbor's property by way of vanity, except with the commerce that goes with the same love-love between you. And do not kill yourselves. Indeed, Allah is Most Merciful to you "(Surat. An-Nisa ': 29).
Because brokers work including ijara, then for the legitimacy of the work of this broker, must meet the requirements, namely:
Object of the contract can be known benefits are real and can be submitted
Object of the contract are not things immoral or unlawful.
Broker and seller must be honest, sincere, open, not commit fraud and unlawful business or doubtful. Entitled to remuneration received by a broker after he sup akadnya, are those who use the services of a broker must give in return, because workers' wages or compensation can improve the welfare of the workers concerned. In accordance with the hadith of the Prophet:
اعطواالأجيراجره قبل ا ن يجف عرقه
Meaning: Give to the worker his wages before his sweat dries (Ibn Majah Hadith of Ibn history Uma, Abu Ya'la of Abu Hurairah and Anas Al Thabrani from).
The amount of compensation to be given to the broker is under contract as of the Qur'an Surah Al Maidah verse 1
Allah says:
"O ye who believe, fulfill aqad-aqad it. ..." (Surat. Al-Maidah: 1)
According to Dr. Hamzah Ya'kub that the owner of the goods and brokers can set a specific requirement regarding the amount of benefits obtained the realtor.
The reasons for pemakelaran are not allowed by Islam, namely:
If the pemakelaran give harm and contains kezhaliman the buyer.
If the pemakelaran give harm and contains kezhaliman against the seller.
Are Wages In Shape Percentage Perhaps Calo?
The majority of scholars state that brokers should clearly nominal wages, such as Rp. 500.000, - or USD. 1.000.000, - and should not be in the form of percentage, as can 10% of the sale.
Their reason is that wages fall into the category of Ju'alah brokers, and conditions should be clear Ju'alah prize or reward. It is based on the hadith of Abu Sa'id al-Khudri that states:
نهى رسول الله صلى الله عليه وسلم عن استئجار الأجير حتى يبين له أجره
"That the Prophet sallallaahu 'alaihi wassalam forbid someone hire a worker to explain the amount of his wages" (HR. Ahmad)
Case analysis
Calculation realtor commission proposed minimum land in Indonesia is 2.5% of the value of the land, 2.5% of this value is based on what is not yet clear because there is no trade in Islamic law states that in real terms the value of 2.5%, so there is no minimum rules of the commission from the sale of land is 2.5%. This value is most likely just because of "habit" is done long ago and hereditary so has become a "standard" in the community.
One example is the following case,
An owner of land due to an urgent need (eg due to ill family members) have to sell the land as soon as possible (eg, with a total land value of Rp. 250.000.000, -), he contacted a broker in the hope that assisted in the sale of his property, the realtor asked the commission 2.5% were non-negotiable as a pretext by the broker value of 2.5% is already a "standard" in society, the land seller can not bid again and the "forced" to agree on the value. 2.5% of the value of this case is Rp. 6,250,000, -.
The problem if it is still too big and very meaningful to the seller, but the seller is not powerless because the value of "2.5%" that have become "standards" in the world of brokering Land. With another meaning "sincerity" land seller in this case can be questioned even though there was an agreement, it is very important when sincere in matters of Shariah.
The deal that happened was a "necessity", whether conscious or not, because we can be sure all land broker would have asked the commission with a minimum value of 2.5%, whereas in this case the seller was desperate to sell his property immediately.
It can be seen from the case turns commission with a minimum value of 2.5% was damning of the seller or in other words there is an element menzhalimi seller, but because there are "rules" of at least 2.5% of the then the seller can not do much.
Therefore, in terms of better pemakelaran commission agreed on the ability of land sellers, not based on a percentage (%). The seller also will undoubtedly be sincere in giving commission to the Broker / Realtor. Due to the lack of trade should not happen on a party-ikhlasan even in the slightest.
Comparative Analysis With Some Other brokering Type
1 Realtor Vehicle
Usually the vehicle brokering business, the broker gets a commission percentage is not over, but based on the amount of money agreed upon. Besides realtor mendaatkan vehicle can also benefit by exceeding the price of vehicles sold with the car owner's knowledge. Between the seller and the broker in this case equally no reply weighted / dizhalimi.
2 Salesman / Sales Agent
Sales of goods or services will get a percentage of the sale. But the producers / distributors / service providers would have to calculate the percentage of the commission given to the parties in accordance with the estimated profit Sales in the can. In this case the parties Manufacturers / Distributors and Sales nobody weighted / dizhalimi, because the Manufacturer / Distributor must have calculated the benefits and the Sales get results in the form of commissions.
3 Merchants
Definition merchants generally different from the broker, despite the fact the workings and definition can also be included in the term Realtor. Traders usually get a commission (in this case profit) with overstate the value of goods sold, the manufacturer / distributor has clearly benefited from each item sold, so the manufacturer / distributor or the Dealer / Seller no weighted / dizhalimi
And Allaah knows best
LEGAL ISSUES AND LAND COMMISSION realtor
Brokers are middlemen who sell goods serve others by taking wages without incurring the risk, in other words a broker is a mediator between the seller and the buyer to facilitate buying and selling. Reliable realtor is not required with respect to the risk of damage to or loss of goods by accident.
Land broker is an intermediary between the land owner and the buyer. Land realtor get a commission in accordance with the agreement with the land owner. But in reality many practices that harm occurs the seller or purchaser of land. The problem that occurs if a broker wants to get the land (read: money) as much as possible, so it is often a case of pendzhaliman / burdensome both to the Seller and the Buyer, and other cases that often lead to conflict. According to Islamic law in trade issues should not cause conflict, aggravating or penzhaliman either party, all parties must be sincere so that trade does not cause harm.
Realtor in Islamic law
The work is a realtor in the view of Islam including ijara contract, ie a contract utilizing the goods or services, such as home or a job as a waiter, lawyer, consultant, and so on in return.
Consent of both parties, as described in Surat an-Nisa 'verse 29
Allah says:
"O ye who believe, do not eat each other neighbor's property by way of vanity, except with the commerce that goes with the same love-love between you. And do not kill yourselves. Indeed, Allah is Most Merciful to you "(Surat. An-Nisa ': 29).
Because brokers work including ijara, then for the legitimacy of the work of this broker, must meet the requirements, namely:
Object of the contract can be known benefits are real and can be submitted
Object of the contract are not things immoral or unlawful.
Broker and seller must be honest, sincere, open, not commit fraud and unlawful business or doubtful. Entitled to remuneration received by a broker after he sup akadnya, are those who use the services of a broker must give in return, because workers' wages or compensation can improve the welfare of the workers concerned. In accordance with the hadith of the Prophet:
اعطواالأجيراجره قبل ا ن يجف عرقه
Meaning: Give to the worker his wages before his sweat dries (Ibn Majah Hadith of Ibn history Uma, Abu Ya'la of Abu Hurairah and Anas Al Thabrani from).
The amount of compensation to be given to the broker is under contract as of the Qur'an Surah Al Maidah verse 1
Allah says:
"O ye who believe, fulfill aqad-aqad it. ..." (Surat. Al-Maidah: 1)
According to Dr. Hamzah Ya'kub that the owner of the goods and brokers can set a specific requirement regarding the amount of benefits obtained the realtor.
The reasons for pemakelaran are not allowed by Islam, namely:
If the pemakelaran give harm and contains kezhaliman the buyer.
If the pemakelaran give harm and contains kezhaliman against the seller.
Are Wages In Shape Percentage Perhaps Calo?
The majority of scholars state that brokers should clearly nominal wages, such as Rp. 500.000, - or USD. 1.000.000, - and should not be in the form of percentage, as can 10% of the sale.
Their reason is that wages fall into the category of Ju'alah brokers, and conditions should be clear Ju'alah prize or reward. It is based on the hadith of Abu Sa'id al-Khudri that states:
نهى رسول الله صلى الله عليه وسلم عن استئجار الأجير حتى يبين له أجره
"That the Prophet sallallaahu 'alaihi wassalam forbid someone hire a worker to explain the amount of his wages" (HR. Ahmad)
Case analysis
Calculation realtor commission proposed minimum land in Indonesia is 2.5% of the value of the land, 2.5% of this value is based on what is not yet clear because there is no trade in Islamic law states that in real terms the value of 2.5%, so there is no minimum rules of the commission from the sale of land is 2.5%. This value is most likely just because of "habit" is done long ago and hereditary so has become a "standard" in the community.
One example is the following case,
An owner of land due to an urgent need (eg due to ill family members) have to sell the land as soon as possible (eg, with a total land value of Rp. 250.000.000, -), he contacted a broker in the hope that assisted in the sale of his property, the realtor asked the commission 2.5% were non-negotiable as a pretext by the broker value of 2.5% is already a "standard" in society, the land seller can not bid again and the "forced" to agree on the value. 2.5% of the value of this case is Rp. 6,250,000, -.
The problem if it is still too big and very meaningful to the seller, but the seller is not powerless because the value of "2.5%" that have become "standards" in the world of brokering Land. With another meaning "sincerity" land seller in this case can be questioned even though there was an agreement, it is very important when sincere in matters of Shariah.
The deal that happened was a "necessity", whether conscious or not, because we can be sure all land broker would have asked the commission with a minimum value of 2.5%, whereas in this case the seller was desperate to sell his property immediately.
It can be seen from the case turns commission with a minimum value of 2.5% was damning of the seller or in other words there is an element menzhalimi seller, but because there are "rules" of at least 2.5% of the then the seller can not do much.
Therefore, in terms of better pemakelaran commission agreed on the ability of land sellers, not based on a percentage (%). The seller also will undoubtedly be sincere in giving commission to the Broker / Realtor. Due to the lack of trade should not happen on a party-ikhlasan even in the slightest.
Comparative Analysis With Some Other brokering Type
1 Realtor Vehicle
Usually the vehicle brokering business, the broker gets a commission percentage is not over, but based on the amount of money agreed upon. Besides realtor mendaatkan vehicle can also benefit by exceeding the price of vehicles sold with the car owner's knowledge. Between the seller and the broker in this case equally no reply weighted / dizhalimi.
2 Salesman / Sales Agent
Sales of goods or services will get a percentage of the sale. But the producers / distributors / service providers would have to calculate the percentage of the commission given to the parties in accordance with the estimated profit Sales in the can. In this case the parties Manufacturers / Distributors and Sales nobody weighted / dizhalimi, because the Manufacturer / Distributor must have calculated the benefits and the Sales get results in the form of commissions.
3 Merchants
Definition merchants generally different from the broker, despite the fact the workings and definition can also be included in the term Realtor. Traders usually get a commission (in this case profit) with overstate the value of goods sold, the manufacturer / distributor has clearly benefited from each item sold, so the manufacturer / distributor or the Dealer / Seller no weighted / dizhalimi
And Allaah knows best
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