These are two discrete provisions of the bill Fr?d?ric Lefebvre to strengthen consumer protection, enshrined in the housing component: one of only three months of non-renewable term of an exclusive mandate given by a seller to a real estate agent , the second definitely disqualifies the usual clause under which a seller who has given an exclusive mandate to a professional owes him compensation if he sells his property on his own, usually half of the fees provided. Two discrete provisions that weaken considerably the notion of exclusivity. I want to say how small revolution these legislative changes introduced in practice as real estate agents will not cease to measure.
First observation: the National Assembly, and not the Senate, even more attached to the legal orthodoxy, who thwart, corrected a legal anomaly. On what an owner who sells himself well when he instructed should it be punished? And property rights, and abusus in history, the real estate associations wield so often? This provision was probably unconstitutional, and had been forgotten. Nevertheless. It protected the professionals, and believe me, competition is the owner?s dangerous! All real estate agents have known this rageante situation where the principal owner, or more active or more fortunate, succeeded where the business fails.
As for the limitation to three months non-renewable, it is more severe than it seems. I hear the best that this terminal will create authoritarian sound pressure ? If you like, but in a market that is slowing three months are more often inadequate, and exclusivity will jump before the sale has been concluded. Worse, there is a fear that real estate agents prefer to sell on price to save their commission during the period of exclusivity, and thus less defend the interests of their principal.
It?s all lost in the exclusive mandate much of its authority to the opinion, and the original formula, however, did not need it! In France, it was not imposed, and that?s a term of ten average only has this feature. Professionals, by dint of failing, as the United States for example, agree to create a common purse exclusive mandates with clear commitments to efficiency and not symbolic, failed to love the exclusive mandate.
It was not until 2009 that, especially under the leadership of your servant, with a few pioneers of the profession, an association of exclusive mandates, AMEP (exclusive mandates Association of Real Estate Professionals), is born. The public knows it? No, because even in this instance of sharing, competition has reasserted itself, and those who have strong brands did not want AMEP do advertising, it becomes her reduse same brand. Result: 5% of French real estate agents are about members of this association after two years of existence, and especially the opinion remains unclear added value of the exclusive mandate.
What is annoying is that the legislature is faster than the profession. He just felt that the exclusive mandate altered healthy competition, which seems to guarantee lower fees, and he has emasculated. As a result, a major business tool for real estate agents, without disappearing, taking the lead in the wing.
When those who believe in the exclusive mandate will they wake up and make clear to public opinion what it is? I think the founders-with me-then, of AMEP, an association bringing together the major federations and major chain stores transaction. I also think Meilleursagents.com site, including all terms are exclusive. I think of the thousands of real estate agents who, for complex, are still reluctant to tell their customers that they need a total delegation of trust to work well. Exclusive mandate creates this space of trust. It is now no longer an association between occupational confidential, but a collective term exclusive, educational, client-focused.
Really, everything is there: that the profession knows the confidence both of the legislator?s opinion that, in addressing her. It is still in the era of suspicion.
eastman kodak melissa gorga melissa gorga matt moore matt moore pueblo co pueblo co
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