Shane Posted April 22, 2005 Share Posted April 22, 2005 Has anyone ever been asked to sign one of these by an immobilier?My friend has made an offer on a house which has been accepted and the compromis sent to her to sign along with this Mandat De Recherche, which the immobilier says is in her best interests to sign as it reduces the stamp duty paid!Why sign a Mandat de Recherche when you have already seen and agreed on a house? Also the price on the mandat is 10000 euro higher than the agreed price on the house including notaire and agency fees?All seems a bit odd to me, any comments appreciated. Link to comment Share on other sites More sharing options...
Clair Posted April 22, 2005 Share Posted April 22, 2005 This is a legally binding contract established when a potential buyer asks an agent immobilier to find a specific type of property within a specific price range, region...described in the contract.This contract is signed BEFORE the property is found and is tacitely renewed every 3 months up to a maximum of 2 years unless cancelled by Registered Post with 15 days notice...The agent gets a smaller rate of commision, agreed in the contract. Any cost incurred by the agent remains his expense unless the search brings a viable property, which the buyer is contracted to purchase if it matches the description.In this instance, the property described would match exactly the one your friend is buying and he would be liable for any cost incurred by the estate agent whilst looking for the property "on his behalf".I cannot see how signing this contract at this stage would help anyone but the agent. The only reason I can imagine the agent would want this NOW is if he was NOT contracted to the vendor... That's the only way he would have to either recover his costs or get a fee from the sale.Your friend should ask to see the contract signed by the vendor for the agent. He is legally entitled to see it.see the following link for a sample contract:http://www.lentreprise.com/lettre/2.406.1.html Link to comment Share on other sites More sharing options...
Shane Posted April 23, 2005 Author Share Posted April 23, 2005 Thanks for the reply, you confirmed exactly what we thought. Watch this space! Link to comment Share on other sites More sharing options...
Clair Posted June 28, 2005 Share Posted June 28, 2005 [quote]Thanks for the reply, you confirmed exactly what we thought. Watch this space![/quote]Any news?Clair Link to comment Share on other sites More sharing options...
Tonyf Posted June 29, 2005 Share Posted June 29, 2005 A Mandat de Recherche is the LEGAL French method in which a business or agent may find a property for a client.It therefore clearly shows that those Brits who work as illegal estate agents, but describe themselves as 'property finders', are working illegally.Why don't these people just go legal? Link to comment Share on other sites More sharing options...
Shane Posted June 29, 2005 Author Share Posted June 29, 2005 Yes - sorry, they queried the form with the immobilier who said it was ok, just sign it, its just a formality, anyway they ignored it and did not sign it and have continued with the purchase with no problems at the moment, they now have a completion date in August. They did show the form to their notaire who also said do not do anything with it, it is not necessary.But the advice was brilliant and is now lodged firmly in my head for the future.Thanks Link to comment Share on other sites More sharing options...
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