CARTE PROFESSIONELLE IMMOBILIER

DETERMINE WHO YOU ARE DEALING WITH

You have every right to ask the person offering for sale, or showing you property in France, for proof of their credentials.

This will be a Carte Professionelle Immobilier that is issued by the prefecture of the Department in which the agency is based.  If the agent has no Carte Professionelle with them, at the time of your visit, you will not be insured on your visit, any transaction thereafter becomes illegal and you continue at your peril.

You may also come across this :-

•   "We are a UK Ltd Company and therefore pay our tax etc in Britain."  This is impossible. If the agent works/lives in France then he comes under French jurisdiction and must pay tax etc in France.  He must also have a Carte Professionelle to work in Estate Agency.
   

•   "I am covered by the Carte Professionelle of the Agency or Agencies with which I work."  Wrong.  Each individual agent must possess a Carte Professionelle in their name.  Ask to see it.  No Carte Professionelle, not insured.
   

•   "I am an Agent Commercial registered in France with a SIRET number."  That may be correct, but it does not entitle the person to legally deal or negotiate the sale of real estate.  Ask for sight of their Carte Professionelle.  An agent commercial is merely an intermediary for any kind of non-regulated business, much like a Freelance Sales Rep.  In any event the term 'Agent Commercial' no longer applies to those working in real estate.  The new Law Houguet stipulates that representative must be a registered Negotiator Immobilier, and Agent Commercials are not insured, registered to work and you deal with them at your peril.

The consequences of buying with an illegal agent / intermediary can be catastrophic.  Since January 2004, all sale contracts should contain an affirmation of sincerite, in which you attest that no monies have been paid in respect of the sale/purchase, other than those listed within the contract.  If you payment to the intermediary / property finder / agent is not listed, YOU commit fraud by signing he contract.  If in doubt, don't sign and take independent advice.

It is your responsibility to check.  Do so, the many legal and registered agencies will have no hesitation or excuses in showing you the requisite documents and putting you in the sure knowledge that you are dealing with professionals in France.