Bon de visite

[Ciel Bleu]

I know that when viewing properties with some agents they ask you to sign a Bon de Visite, which essentially means that you can only buy the property they have introduced you to through their agency, and you can't buy from the owner direct, as the agent still legally has a right to claim his commission at the point of sale. Can anyone tell me how long the Bon de Viste lasts for? I've read somewhere that it's only binding for 15 months - is this true?

 

Caroline

[nettvoirie]

Bonjour ,

 l'm french ( escuse me for my english because l learn ) and my wife work in a state agency , normaly le bon de visite hasn't  the right to exist  because he don't have  a legal  value  , it's just for for make fear at person who want to visit with a state agent and finally they want to buy their house directly with the owner , so it's the reason because in her state agency they don't use often le bon de visite

Arnaud

[Ciel Bleu]

Bonjour Arnaud

Bienvenue a Complete France forum,

Je vous remercie pour votre reponse - ayant lu ca que vous avez ecrit, c'est tres interessant pour notre situation. Je vous envoyerai un email prive.

Caroline

 

[Brilec]

We even had one french estate agent who not only put up the price of the property between the time we booked the appointment, and the time we went to see it, but he also insisted that we sign his bon de visite, which had the price stipulated too. He said that we were agreeing to pay the new price, even though we had not yet seen the property.

We went along to see the place, just to waste his time at that point, as we had absolutely no intention of buying. It wasn't even worth the original lower price, let alone the new inflated one.

[Causette]

For any price change, the agent should by law have a letter from the seller authorising the change - you can always ask! 

I agree with Arnaud about the Bon de Visite.  My boss refuses to use a Bon de Visite as he says legally, it isn't worth the paper it is written on.

On price changes, we have a house for sale on our books for 276,000 euros.  This weekend, I have seen it for sale with a UK based agency for 297,633 euros for the same house!!!!  I thought it might be the notaire fees (which we don't show), but apparently not.  I do find this sort of behaviour scandalous - but how to stop it?

 

 

 

[Nick Trollope]

[quote user="Causette"]

I do find this sort of behaviour scandalous - but how to stop it?

[/quote]

Why would you want to? Have you considered the effects of price fixing amongst Agents? I can't see how it would benefit the buyers at all. People are at liberty (despite, as your boss has sussed, the existance of the BdeC), to shop around for any particular property. If they can't/won't/don't, the I fail to see how removing the right to charge whatever you like will help. Agents must tell the buyers what their fees are - most house buyers are progmatic enough to know when they are being ripped off.

BTW, IANAEA!

[Ciel Bleu]

Thanks for all replies. I just wish that the French government would close the loophole that allows agents to set their own fees - seems odd that they haven't done it already, having seen commission vary between 4% and 15%.

Bon de visite - despite what is often said, it doesn't look as if they're legally binding. We have viewed houses with FNAIM agents and none of them asked us to sign, and as they are one of the largest agents in France they must deem that the B de V is of little use!

 

[hastobe]

Its only ever been 'British' agents that have asked us to sign - French agents and notaires invariably have not.

Hastobe

[Owens88]

I have only been asked by a French estate agent, albeit she was treating me as a Brit !

John

[Patricia]

The bon de visit is not legally binding, but you have signed an agreement not to negotiate directly with the seller; that is it's purpose.  It is valid for a period of 24 months.

A "mandat" is a legally binding document, however, and you should avoid signing a "mandat de visit", as that can make you liable to pay the agent's fees!!

 

[Ciel Bleu]

Since posting my original question, I have found a B de V that we signed last year and it clearly states that it's binding for a period of 15 months from signing (I knew I had read this somewhere, but couldn't remember exactly where). So according to that, after the 15 month period with this particular agent,one is at liberty to negotiate directly with the vendor and completely exclude the agent from the sale. 

For property that is viewed without signing anything at all, am I right in thinking that if one then negotiates directly with the owner the onus is on the vendeur to tell the agent about the prospective purchaser as they themselves will have signed a mandat simple or mandat exclusive which legally means that they have to ensure that the agent (who first showed the buyer the property) gets his/her commission?