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Krek

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  1. The agency can put any percentage he wants in the mandat, and publish the house in his shop window for the 'inclusive price' that is also on the mandate. If a house is 1 million euros and he decides to take only a decent 1.5%, he can publish the house in his window for 1,015,000 euros. This is the price that is also in the mandat. The buyer is not concerned with the amount of commission, just with the total acquisition price. If you work for an agency, Jane, you should know that it is not the buyer who pays the commission of the agent. The buyer often has no obligation whatsoever to the agent. The seller has signed a 'mandat', so it is the seller who has agreed to pay the commission. The fact that the seller usually makes the buyer fork over the fee, does not change the legal facts. What it comes down to, is that the agents commission deminishes the total negociation 'play' that both buyer and seller enjoy. If the owner wants 100,000 for his house, it will usually be put up for sale for 116,000 (including 6% for the agent plus 10% negocation room). If the buyer has a maximum budget of 100,000, the sale will not be made. Because even after using up the negociation margin, the house will still be 6.000 over budget. The buyer will have to go down to 94,500 (plus 6% makes 100,000)  or the buyer must pay more. Without the agent the house would have been put up for  110.000 and after haggling would have been sold for 100,000. Agreed, sometime an agent will lower his fee a little to make the sale happen after all. But whichever way you turn the story, the agent makes the sale more expensive. This is why it is easier to sell without. Of course, if you live in England and you can't go to France to show the house to interested parties, it is handy to use an agent. Or a friend or neighbour for that matter. But this is still no reason to sign an exclusive contract. Just have three keys made an give one to each of the agents of your choice. Let them compete. They might work harder and you still have the liberty to find your own buyer through a 'for sale by owner'-site and save 6%.
  2. The agency is not allowed to sign you up for a higher fee than the one displayed in his window. But of course he can go lower if he wants to. So do not wait until the negociation is under way (and you can't play the market anymore). Tell the AI that you will sign his mandate, but only if he restricts his fee to 5% of the selling price. This way your property will be for sale at a lower starting price and you'll have the more chance of selling. The main disadvantage of signing a mandat exclusif is that you can't sell your house yourself anymore. Even if your neighbour wants to buy it, as long as the mandat is running, you have to pay the agency his commission. Also, Of course it is even better to try and sell without an agency. Like 40% of the owners do. Just search the internet for 'vendre ma maison entre particuliers' ot 'FSBO France' and take your pick.
  3. Well, of course, you'll have to pay for the diagnostiques yourself. I just meant that most notaries will organise this for you, as a service when you sign your deed with their offices. They all have their adresses, and probably get a little kick back (not allowed, but well...).
  4. How about these: http://achat-vente-appartement.vivastreet.fr/annonces-achat-vente-appartement and choose to search only among 'particuliers' http://www.marche.fr http://www.immo-free.com http://www.leboncoin.fr http://www.pap.fr http://www.entreparticuliers.com Post edited by the moderators. Please do not advertise or post your products or services on the message boards. Any advertising without permission will be removed.
  5. Usually if the buyer pulls out without having fulfilled any of the 'clauses suspensives' the down paypment of 10% is automatically given to the seller. So unless there was a special non-standard mention in your particular compromis de vente giving the buyers the right to 'disagree' with this logical course of events (thus defeating the unique purpose of the down payment) the notary should just give you the money. The notary has been holding the money in escrow just to prevent the buyer to wriggle out of the deal. You say you have asked the advice of several other lawmen. I'm very curious as to the exact wording of the CdV making this so disadvantageous for you.
  6. 11.5% is very unsusual. I've never heard about an agent asking more than 10%, and then only in case of very cheap property, like a ruin or a plot of land. For a normal home, the fee is usually around 6% though you might be able to negociate this down to 5% or even lower, depending of the eagernes of the real estate company. Never sign a 'mandat exclusif' and try to advertise your property on as many internet sites as possible. Like immo-free.com, leboncoin.fr. If you sell without a real estate agent, your notary public can take care of all the legal issues, including the obligatory researches (lead, asbestos, energy etc.). For free! If necessary you can hire someone afterwards, to take care of the paperwork and make certain there are no mistakes in your compromis de vente for a modest fee of about 1 or 2%. Even if you find your buyer through te relatively expensive advertising site (1%), you have still saved 3% - thousands of pounds. In short, your real estate agent is a typical example of a bad apple, spoiling it for the entire basket. Post edited by the moderators. Please do not advertise or post your products or services on the message boards. Any advertising without permission will be removed.
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