Rental fees how to: TGI Paris gives cause for the professionals of the real estate-my building-information and services of the condominium

««You are in: Home» News» rental fees how to: TGI Paris gives reason for real estate professionalsThe u.s. intervened in procedures whereby certain members (FONCIA, LAFORÊT) while Association UFC choose them was assigned to judge if unlawful taking rental fees to the tenant, then simple setup of acts or regulated places States.The Tribunal of Grand instance of Paris, in a decree of 3 December 2013, refused to follow the restrictive interpretation to section 5 of the UFC's Association that the Act of 6 July 1989 choose with which that "the reward of those who engage or assist in the creation of an act of letting of immovable property that belong to others, as defined in article 2 is shared by half between the landlord and the tenant. "The United, FONCIA, LAFORÊT, argued that the notion of law of rental matches both the negotiation and conclusion of a new agreement, in contrast to the DGCCRF or the UFC that the any fees when drafting the lease agreement would limit."Our arguments were received in a positive judgment of the UFC/LAFORET dated 3 December 2013, and the UFC rejected at this point. Indeed, the Court in relation to article 5 of the Act of 6 July 1989: "in the sense that it calls" successively persons ' or ' help ' to the creation of the law of rent, the disputed provision necessarily other benefits than what the material of the drafting of the lease operation, prompt delivery to which different intended so contributions can, of course, not all directly related. ". It should therefore be analyzed as references, in addition to this form of contract implementation, interventions involved makes sense in its conclusion between the landlord and the tenant (...) », Etienne Ginot, President of the Union of the unions of the real estate comment.It is from this judgment that article 5 of law No. 89-462 of 6 July 1989 the provisions invoked by the UFC-QUE CHOISIR law n ° 70-9 of the law of 2 January 1970 and its implementing decree, cannot be analyzed as a ban on the brokerage to charge the tenant for services or benefits than those relating to the creation itself the Act of rental but betrokkenzoals ads or control of the situation and the guarantees of solvency of the successful candidate, related to reward a response in the form of prior steps necessary for the conclusion of the lease contract."The problem was the interrogation for the past practices existing since almost 40 years. '' This is so lucky not the case. So we remain serene in the current state of the wording of article 5, even if the judgment would hit job. In the future, of course, change Bill ALUR necessarily the situation. The lesson of the recent interpretation of article 5 shows that it is imperative that the following text is clear, accurate and readable, devoid of interpretations, to prevent a sword of Damocles over the next decades, "Etienne Ginot closed.Note, however, that the first Civil Chamber of the Court of major jurisdiction of Paris in this same judgment displayed on 3 December 2013, very often illegal different types of costs to tenants said. This includes "the practice to load of the tenant under the name" message service of dropping "of mailing receipt (Foncia) and systematic payment the hirer to the cost of stock without the need for the employment of a judicial officer (Laforet)".In a statement, accurate Foncia who "this conviction as to costs of receipt based on the basis of a single document, more than 50 rooms, which showed a billing while this service had been abandoned since the entry into force of the soft law of 25 March 2009."Foncia was also convicted of the proposal by a service called ' Pass-location '. It is a "credit offer" reserved for holders of a revolving credit facility, Foncia markets "without mentioning explicitly the right to conclude a contract of amortizable credit instead of a revolving credit agreement. The decision covers only a minority of tenants, but is one of the first applications of the law Lagarde of 2010 on the consumer credit in the housing sector.Foncia must practice on billing the announcement of expiry and Pass-location, under penalty of € 500 per violation found correct. The group must also pay € 8,000 in damage to the UFC-Que Choisir and insert a copy of the verdict on the homepage of the website of the brand. By her side was Laforêt (future real estate management group), a fine of € 2,000 in damages.In response to this condemnation, said close to Foncia its banking partner channel the offer and undertakes at readability with its customers. With regard to the cost of the message is accused of dropping it, point that is currently in the Parliament on the occasion of Bill ALUR is discussed with the Council, examines Foncia, the ability to appeal.Elix Rizkallah, Chairman of network Laforêt responded after this judgment : "the recent decision confirms that fees shall be paid by the tenant to the strict wording of lease does not reduce. So, the recognition of the right to a fee for the daily work of real estate agents to charge for them to clarify the services invoiced. Finally, note that it is not necessary to stigmatize a voluntary job is involved in the transfer for several years. So as soon as 2011, the white paper of the States General of real estate professions presented a series of proposals to strengthen the role and place of agents in society. As a founding member of the UPSI fits Laforêt perfect in this approach that aims to strengthen consumer protection and preservation of the economic equilibrium of real estate agencies. »The Tribunal also condemned the practice of the package, i.e. «to claim the tenant [...]» Fee without being in a position to make sure they do not contain any benefits which billing is banned ". BHI, Ambroise Immobilier and Domus signs were punished, because at this point, in three separate decisions. All these statements are fines."The legal framework for the relationship between agencies and tenants need to move quickly. Law Duflot on housing, under discussion in Parliament, is indeed at the expense of the lessor all expenses in connection with the performance of his property, with the exception of the State of places and the drafting of the lease, shared between the landlord and the tenant rent. These costs will be capped by Decree ', concludes Association UFC-Que Choisir.Sources: www.unis-immo.fr, http://fr.foncia.com, www.quechoisir.org, www.laforet.com