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The agency fees
In case of operation concluded through a professional, this one is entitled to ask for fees when the authantic act is signed.
Their amount, not regulated (except if it's about a solicitor), must be shown in the premises. For example, tfis fees can be of the order of 6%.
Since the presciption of December 1st 1986, establishing for freedom of the prices, no official text regulates the rate of commission perceived by the real estate agents : this one is determined freely.
However, every real estate agency must post obligatery :
In the entrance of its establishment (or in shop window), in a visible and legible way from the outside by clientele, the prices of each of its services, all included tax. The amount of the commission must be the object of an invoicing.
Once the sale is concluded, the buyer should rather ask for the drafting of a research mandate, even if the agent was appointed by the salesman, who will pay him on the price.
This document, as well as the distinction notified on the bill of sale, between the saling price and the remuneration of the agent, alloxs him to pay the succession duty only on the net price of acquisition and not on the global price of the purchase.
So, on a 150 000 € purchase, for which the real estate agent takes 6%, the buyer will pay succession duty only on 142 500 €, that is to say an economy of the the order of 500 €. In the same way, the furniture such as an equipped kitchen can be deducted from the cost price.
PARTICULAR CASES :
When the same good was presented to a potential buyer by several real-estate agent, only the one who effectively realized the transaction can aspire to the commission.
When a salesman gives a not exclusive mandate to several real-estate agents, it happens that certain professionals protest to the buyer (or to the salesman, as the case may be) the payment of the commission to have simply made visit places, while the sale was concluded by another real estate agent.
- Several scenarios :
The " order of visit " that often make sign for the buyer the real-estate agents after the visit of the housing cannot justify a demand of payment.
1 °: the real estate agent found the buyer, made him visit the housing and concluded definitively the affair with him : the buyer has to pay him the amount of the commission foreseen for the returned services.
2 °: the real estate agent made visit the housing, began to negotiate the price of acquisition with the customer, but the transaction was concluded by another professional. No payment is due to the first real estate agent, even if he initiated the negotiations. The commission is paid to the professional who concluded the affair.
3 °: the salesman deals directly with a buyer presented by the real estate agency : the operation is considered as concluded through the real estate agent, who will perceive the commission.
4 °: the salesman refused in writing a decline of the price to a first real estate agent having made visit the housing, but accepted a decrease of the price during negotiations with another real estate agent, who took the affair. The salesman can be obliged to pay damages to the first real estate agent, who will however have to bring the proof that he was a victim of a behavior which did not allow him to realize the sale. The law courts will fix the amount of the compensation to be paid to the real estate. agent.
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