Corinne Fournier

Just to follow up on my earlier posting, when you have found a buyer (and it not really necessary before that) you will need to provide the various mandatory diagnostic reports prior to the signature of any preliminary agreement, these include  -         Loi Carrez : statutory calculation of the square metrage of the apartment or house if submitted to the rules of co-ownership : validity = permanent unless you were to have made transformations such as wall removal etc -         Natural and Technological Risks : validity = 6 months -         Termites : validity = 6 months -         Lead in the paintwork for certain older properties  : validity = 1 year if the mandatory report shows the presence of lead and permanent if the report shows no presence of lead. -         Asbestos: no limitation of time for the validity of the mandatory report. -         Energy Performance : validity = 10 years -         Electricity (for electrical installations more than 15 years old) : validity = 3 years -         Gas (for gas installations more than 15 years old): validity.= 3 years In general terms, the cost of the full mandatory reports depends essentially on the square metrage of the property and you should always ask for quotes from two or three different agencies. Please note that these mandatory reports need to be provided before the signature of any preliminary agreement as if not the vendor risks being sued for “action en garantie des vices cachés”. Corinne - French Notary  

Generally, the diagnostic tests only need to be undertaken (and paid for) once a buyer has been found and would usually be carried out within a period of a few days just prior to the signing of the preliminary binding agreement (compromis or the like). Thus, the question of the duration of their validity is not usually perceived to be relevant in a French context. Post edited by the moderators. Please do not advertise or post your personal details, products or services on the message boards. Any advertising without permission will be removed.

If there is no "mandat" then, as a matter of French Law, there is usually no basis for payment of fees. Post edited by the moderators. Please do not advertise or post your personal details, products or services on the message boards. Any advertising without permission will be removed.

This is a highly regulated profession in France and the Agent Immobilier (or French Estate Agent) must be formally registered and bonded as such with French authorities. When dealing with a client, the French Estate Agent must either have a written “mandat de vente” (empowering him or her to sell a property on behalf of the vendor) or a written “mandate de recherche” (empowering him or her to seek out property to buy on behalf of a purchaser) and a potential client should not hesitate to ask to see the French Estate Agent’s written authority. Under a “Mandat de vente” the Estate Agent is usually paid his or her commission by the vendor and under the “Mandat de recherche” the Estate Agent’s commission is generally paid by the purchaser. Throughout France, commission rates of 4 and 5% for property purchase are the norm and even higher figures have been regularly encountered in the South. The French Estate Agent is usually paid upon completion of the property sale and generally receives his or her commission at the completion meeting (and thus is usually present). NB – Anyone, of whatever nationality, who is not formally registered as an Estate Agent in France, and who attempts to take a commission on brokering real properties, could in certain circumstances be held to be committing a criminal offence