Real estate agent: the buyer must pay the fee-expert advice | Www.propertywire.com

Biography Founder of the Cabinet NEU-JANICKI, Avocat à la Cour, he is a member of the Royal institution of Chartered Surveyor and has the status of agent real estate transactions (MRICS Chartered Surveyor-). His Cabinet is mainly involved in real estate and construction law ...Read moreThe hypothesis presents itself in a number of transactions. When the mandate of sale put the burden of the payment of fees on a buyer who is not a party to the mandate, how to force him to pay the fee payable?An exclusive mandate of sale provided that the remuneration of the broker would record, also a Commission fixed the tax by the lender, a buyer's fee negotiations with the tax, proportionate to the savings made on the selling price referred to in the mandate.The real estate agent has been successfully negotiated the sale of the apartment object of this mandate at a price lower than originally requested, and then, after this transaction had repeated in the authentic form, the buyer, whom he previously had a search warrant, received in payment of the amount of the negotiations such as wound up in the promise of mutual sales agreement by called.To close the REALTOR of this application, the judgment that if the Hoguet law does not prohibit the sharing of costs, the order signed by the seller is not the responsibility of the buyer an obligation to which the latter would not subscribed, and that research mandate granted by the buyer becomes irregular for are not included in the register of mandatenkon do not justify the remuneration of the intermediary.So, without looking, as she was asked, if the mutual sales promise with commitment portions did not, for the buyer to enter negotiations from the benefit, that the responsibility of the buyer under the terms of the provision that the mandate of the sale, the jurisdiction of nearby private decision legal basis in accordance with article 6 of law No. 70-9 January 2, 1970 and 72 articles and 73 of Decree No. 72-678 of 20 July 1972.Court of Cassation, 3rd Civil Chamber, 02 October 2013 n ° 12-22761