Once the conditions for becoming an estate agent have been met, there are still obligations specific to the profession. The Hoguet Act of 2 January 1972 and its implementing regulations contain numerous provisions designed to protect the customers of estate agents.
In this section, we will look only at the obligations specific to estate agents and not those that apply to all traders.
- Register of estate agency mandates
- Advertising obligations of estate agents
- Information obligations
- Register-directory
Register of estate agency mandates
A decree of 20 July 1972 requiresestate agents holding a "property and business transactions" professional licence to keep a register in which the mandates they contract are recorded in chronological order. The copy of the mandate issued to the agent must include the registration number. For more information on mandates, please see this article: estate agency mandates.
The register of mandates must be listed and bound in advance. It may be kept in electronic form if it meets the requirements of articles 1316 et seq. of the French Civil Code.
Theestate agent has a duty to keep the register for ten years.
The following information must appear in the register
- The order number, which will appear on the mandate in the customer's possession;
- The date of the mandate;
- The identity and address of the principal(s);
- The subject of the mandate;
- Description of the property covered by the mandate;
- The number of the register (in the event of receipt of funds by the estate agency);
- Any comments.
Advertising obligations of the estate agency
All documents issued by the estate agency must include certain mandatory information. This information must therefore appear on all correspondence sent by the estate agency, as well as on any agreements it enters into and on its brochures.
These details, notwithstanding those required of all traders, include the following:
- The number and place of issue of the professional licence;
- The name or company name and address of the company and the business activity carried out;
- The name and address of the guarantor.
The number of the professional licence, the amount of the professional guarantee and the name and address of the consignee or guarantor must be advertised onthe premises of the estate agency. The estate agency will also indicate the credit institution and the number of the account where payments and remittances must be made, as well as the compulsory methods of payment.
On the other hand, if the estate agency has declared that it does not collect any funds, it must clearly display this fact in its documents.
The advertising requirements for estate agents are set out in articles 92 and 93 of decree no. 72-678 of 20 July 1972.
Information obligations
Prices:
Estate agents must display the prices of their services in a visible and legible manner. In addition, prices must be inclusive of all taxes, specifying (where the price is proportional to the price of the property concerned) the percentage applied and any price bands to which it applies.
The estate agent's commission, including all taxes, must be shown in all advertising for the sale or rental of a property, where the commission is payable by the purchaser or tenant and is not included in the price.
On properties:
When promoting properties entrusted to them under a mandate, estate agents must comply with all the obligations imposed by the Consumer, Civil and Criminal Codes to ensure that they do not mislead their customers. In addition, the Bureau de vérification de la publicité checks estate agency advertisements, particularly the terms used to describe properties.
Directory register
The register, in which all payments and remittances of sums of money are immediately recorded, is compulsory only for estate agencies receiving funds.
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The estate agency concerned is then required to issue a receipt for all payments or remittances, a duplicate of which will remain in a receipt book.