For anyone working as an agent commercial immobilier in France this is a confusing time. In November I started hearing rumours that as of January 1, 2005 there would no longer be any such thing. That any agent co would have to become an employee – a salarié – of an immobilier – an real estate agency, or would have to obtain a carte professional immobilier, the equivalent of becoming a real estate broker.
It’s been very difficult to get any solid information, even with a lot of research.
As it stands some prefectures won’t register an agent commercial immobilier saying that the profession no longer exists. Others go ahead and register people as before.
Today I got a fax from a friend in Normandy. She and her husband are in the process of setting up as agents commerciaux immobilier. THey had gone to the Prefecture to find out what they would have to do in order to register and were told that they couldn’t registerr. The clerk cited a decision of the Cour de Cassation "7 juillet 2004 concernant les agents commerciaux". Mark is translating it right now although translating French legalese into understandable English is a challenge. It could turn out to be a new version of English as She is Spoke.
Here are a few links that may help you find information about the current lgal status of an agent commercial immobilier. The sites are all in French:
- Cabinet Alix – avocats in Paris specializing in labour and contract issues. They offer on-line consultations.
- A forum, in French, discussing the current agent commercial situation
- An excerpt from the Statut juridique du collaborateur (négociateur) de l’agent immobilier
- The Loi Hoguet 1970 which governs the purchase and sale of real estate in France
If anyone knows anything definitive about the current situation and the legal position of agents commerciaux immobiliers in France I’d really like to hear from you. You can add a comment to this posting or e-mail me.