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What mandate of sale for an immovable property?
The real estate agent is anxious to establish a mandate for its mission with the salesman. What are rules to be known?
Within the framework of its mandate, the real estate agent has to implement all the means at his disposal to execute its mission and satisfy the salesman or the buyer. He also advises the salesman and informs him about the tax system of the operation.
3 essential mentions of the contract, at the risk of nullity:
the amount of the commission due to the real estate agent; the part to whom falls the payment of this commission; the duration for which the mandate is granted, this one that must be limited always in the time.
Simple mandate?
The customer who signs a simple mandate is free to appeal to the other real-estate agents but also to proceed to a prospecting " between private individuals ". The signature of such contracts do not engage the salesman, as long as no transaction is begun. The inconvenience is the reproduction of the number of the visits and the management of keys, but the chances to find the good buyer sees itself multiplied.
Or exclusive mandate?
The exclusive mandate obliges to use the services only of a single agent. It is thus necessary to do the good choice because the sale of the immovable property will depend completely on the potential of his clientele, its professionalism and its motivation.
2 inescapable modalities to remember :
It is not possible, in principle, to sell itself its good, as long as the contract of exclusivity is in progress.
In this case, the real estate agent is entitled to demand a compensation amounting to the commission which he would have perceived if he had made the transaction. It is important to verify this type of clause before signing. And why not the exclusive semi mandate ?
It's a contract which appoints a single real estate agent but which allows the salesman who would have find by himself a buyer, to make all the same the affair. But with this small detail : the salesman will pass by the services of the real estate agent. A negotiation in signature of the contract seems evident to agree of the remuneration minimum (but compulsory) for the professional.
The mandate, in the test of time.
It is desirable that the duration of the mandate is mentioned in the contract from its signature (no more than 3 months, in case of exclusivity).
A clause of tacit renewal can be however inserted into the contract of mandate. In that case, each part can interrupt the mandate at any time, by respecting an advance notice of 15 days.
The real estate agent perceives a commission, but only if the sale was signed thanks to its intervention. If the sale is cancelled in the last minute, he can get nothing for the already made work.
No commission if, for example :
Only the salesman signed a sales agreement which is not accepted by the buyer; the sales agreement signed by the salesman and the buyer contains a " power of revocation " or a suspensive condition which is not realized (for example, the obligation to obtain a building permit for a building land or the obtaining of a real-estate loan).
If the salesman asked two or several agencies to sell his good, it isn't obliged to pay a commission to each of them. It's the one who concluded the affair which receives the commission. But cae at the time of the signature of the mandate : this document can foresee that there will be payment of a commission, even in case of failure of the negotiations.
Who pays the commission ?
In case of sale:
The person which must pay the commission to the agent must be expressly quoted within the framework of the mandate. In principle, it's the salesman, but nothing forbids that the payment is chargeable to the buyer or shared for half between both. It must be clarified in the compromise or the sales agreement signed by the buyer and the salesman. The commission must be paid to the real estate agent by banking or mail check, by transfer or still by bank card. No payment in cash or in stamps!
What is the amount of the commission ?
This commission can be fixed but mostly, it's about a percentage applied to the selling price. Since January, 1987, the rate of the commission is free. It's generally defined in degressive percentage of the selling price of the property.
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