What is a property easement called in French real estate law?

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The term for an easement in French property law is a servititude.

A ‘servititude’ gives, for example, the right for one French property owner to access his property by crossing the property of another owner.

This type of servititude typically is given to a property owner that without the servititude (easement) he would have no access to his property.

It is important that servititudes are noted on the title of the property so current and future owners of the affected properties know their rights.

Make sure you contact your English speaking French notary to help you understand the legal implication of any servititude (easement) that exists on a property you are interested in buying. Notaries of France site

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Note: Details on our 110 Tip electronic French real estate buyer’s guide plus checklists is here.

What does a géomètre-expert do in a French real estate transaction?

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A ‘géomètre-expert’ is essentially a land surveyor. He or she works hand in hand with other professionals to, for example, help advise you of the presence of easements attached to land and the potential to build. They can also help you establish the necessary plans to apply for a building permit and help you measure or confirm the size of land and property in France.

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Note: Details on our 110 Tip electronic French real estate buyer’s guide plus checklists is here.

What is a mandat de vente simple in French real estate?

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A non exclusive listing for a property in French real estate marketing is called a ‘mandat de vente simple’ or a ‘mandat de vente sans exclusivite’.

The mandat de vente simple is a listing contract between an owner and an agency in which the agency does not have the sole right to market the property. The French property owner typically gives more non-exclusive ‘mandate de vente simple’s to other agencies who all at the same time can be marketing the property. This is why you see perhaps a property online for sale with multiple agencies.

Note: we are not French lawyers or notaries so we recommend you seek direct legal advice before you sign an agreement with a real estate agency. You need to make sure you fully understand what you are signing. The details are important and we cannot explain them here.

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How do you qualify to be a real estate agent in France?

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Below is a general overview of how working in real estate is set up in France.

Note: rules change so to be up to date you need to confirm all this information with a French real estate licensing office.

One

An ‘Agent Immobilier’ or a French real estate agent is governed by a French law called ‘Loi Hoguet’ and new rules in a French law called ‘Loi Alur’. There are always additional new laws pending. Check with a French real estate licencing office.

Two

The laws are designed to protect people buying real estate in France from low standards of competence and ethics. Each agent immobilier / real estate agent must have a license called a ‘carte professionnelle’ .

Note: New rules came into place in 2015 that are adding increased standards for professional competency and integrity for French real estate agents. This is excellent news as it will raise respect for the French real estate professional. Here is an overview of the changes written in French.

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Three

In contrast to the ‘Agent Immobilier’ (real estate agent) that is in charge of a real estate office, the ‘agent commercial’ (salesperson) does not have a ‘carte professionelle’ and instead operates under the license of the agent .

The agent commercial (negotiator) in general do not have to the same educational requirements or experience. They do have a special professional card that shows they are working with an agent immobilier.

NOTE: New changes arrived from Loi Alur that require the agent commercial to show they have the ability to work in the real estate profession in France and they now need to engage in formal training.  See details in French here.

Educational requirement need to be kept current.

 

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Four

As far as we are aware there are two types of ‘carte professionalle’ that can be obtained by a person wanting to become an ‘agent immobilier’ in France.
One allows the person to undertake the sale of property.
The other allows one to rent property.
They are not the same.

Five

We do recommend that if you actually want to earn money more rapidly as an ‘agent immobilier’ or ‘agent commercial’ in France you obtain as much professional training as possible, unfortunately, many new French real estate agents and agent commercial earn very little money because their knowledge and experience may be limited and they start to learn about how the real estate process works in France after they start in the industry.

To get up to date information and to learn more about becoming a real estate professional in France please contact the Préfecture (French administration office) in the department of France you wish to work in. Wikipedia list is here Please note services are provided in French.

 

French Tax and French Real Estate Educational Seminar

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We have attended French Tax Seminars in the South of France from Blevins Franks. Their advisers explain important tax information relating to real estate at each event. The big bonus for native English speakers is that the seminars are in English.

Here is a link to information on one of their upcoming events

We are not affiliated with BlevinsFranks

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Note: Details on our 110 Tip electronic French real estate buyer’s guide plus checklists is here.