Real estate agency in Soissons: obligations and missions
If you consider going through a real estate agency in Soissons To sell or buy property, it is essential to know the rules that govern this profession. The real estate agent is required to duty of advice and intelligence to his client, but also to the co-contractor, committing his criminal liability under article 1382 of the Civil Code.
1. Legal obligations of the real estate agent
1.1 Professional card and legal status
To open a real estate agency, it is mandatory to hold a business card. The ELAN Act protects the title of real estate agent, trustee and property administrator. Anyone using these cards without a card risks 6 months in prison and 7,500 € fine.
Activity can take the form of:
- a sole proprietorship;
- a company;
- an association governed by Law 1901.
The real estate agent is considered as merchant and may not operate as a micro-entrepreneur.
1.2 Financial guarantee
Financial security is mandatory for agents who hold funds, instruments or securities on behalf of their clients, with the exception of their commission. It can be subscribed to a bank, a financing company or the Caisse des Dépôts. If the agent does not hold any funds, he does not have to justify this guarantee.
When collecting funds, the real estate agent must:
- maintain a record of payments;
- issue an original receipt to the customer and keep the duplicate;
- allocate these funds to a dedicated account.
The guarantee must cover at least 30 000 € the first 2 years and 110 000 € later. It must cover all real estate activities carried out.
1.3 Professional Liability Insurance
The real estate agent must take out insurance covering his professional civil liability for each establishment or authorized commercial agent. The minimum guarantee limit is 76 224.51 € per year and allowances must not exceed 10 % of the allowances due.
Mandatory displays
The following information must be visible to the customer:
- Professional card number
- Collection of funds or not
- Amount and contact details of the financial guarantee
- Rates and calculation of benefits, including distribution of fees
2. Mandatory mandate and types of mandates
2.1 Mandatory written mandate
The real estate agent must obtain a written mandate to act on behalf of the client. Without a warrant, the transaction is null. The original is given to the client and must indicate:
- the professional card number;
- the name and quality of the employee, if any.
2.2 Simple or exclusive mandate
The exclusive mandate entrusts negotiation to a single agent. The simple mandate makes it possible to entrust the property to several agents or to sell it yourself. Only the agent who allowed the sale collects the commission.
2.3 Content of the mandate
- Duration of validity
- References to property
- Credentials transmitted to the agent
- Registration number in the warrant register
- Terms and distribution of remuneration
2.4 Mandate register
The officer shall keep a record of:
- Order number
- Date of mandate
- Name and address of principal
- Nature and situation of the property
- Purpose of the management mandate
- End of mandate for transactions
3. Duties and duties of the real estate agent
The agent shall:
- Check the seller's title to property
- Control the characteristics of the good and the required diagnostics
- Check the purchaser's solvency
- Respecting the mandate and its stipulations
- Not to acquire for himself the entrusted goods
4. Reference texts
- Act No. 70-9 of 2 January 1970 (Law Hoguet)
- Decree No.2015-1090 of 28 August 2015 (Code of Ethics)
- Decree No. 72-678 of 20 July 1972
- Orders of 10 January 2017 on consumer information
5. Trust CLOVIS immo in Soissons
To sell or buy in Soissons and its surroundings, call CLOVIS immo guarantees strict compliance with all legal obligations and full support throughout your real estate project.
