Become a real estate agent _ Entreprendre.Service-Public.fr.pdf

12/3/23, 9:53 AM RÉPUBLIQUE FRANÇAISE Become a real estate agent | Entreprendre.Service-Public.fr Entreprendre.Service-Public.fr Le site officiel d'information administrative pour les entreprises This page has been automatically translated. Please refer to the page in French if needed. Become a...

12/3/23, 9:53 AM RÉPUBLIQUE FRANÇAISE Become a real estate agent | Entreprendre.Service-Public.fr Entreprendre.Service-Public.fr Le site officiel d'information administrative pour les entreprises This page has been automatically translated. Please refer to the page in French if needed. Become a real estate agent Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister) Want to work as a real estate agent? You have Top 3 Choices possible: be independent real estate agent with your own agency, be real estate trader linked to an agency or a network of agents or be agency employee. The conditions to exercise, obligations and the regulation will be different depending on the option chosen. Real Estate Agent Step-by-step approach 1 A real estate agent can work in different professions, which ones? You can exercise the real estate trades following: ● Transactions on built or unbuilt properties (apartments, houses, land) : purchase, sale, rental, sub-rental, seasonal rental, unfurnished or furnished rentals and trading-fund transactions (purchase, sale, management leasing) ● Manager real estate (e.g. marketing, advertising, promotion) ● Condominium Trustee (https://www.service-public.fr/particuliers/vosdroits/F2608?lang=en) ● List dealer (https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/Marchand-de-listes-ou-de-fichiers) ● Additional tourist services related to your main activity in real estate (example: tourist package, transport services) FYI You can accumulate these real estate activities, except that of a list merchant which cannot be exercised with another list merchant. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 1/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr 2 Mandate and agent: you are an intermediary You are the intermediary between the 2 contracting parties (e.g. seller and buyer, lessor and lessor). This place of intermediary is formalized by a document called mandate. You are thus an agent. The mandate is fulfilled by the real estate agent, the seller and the buyer. It is generally valid for a maximum of 3 months. It can be simple or exclusive. It is exclusive when the customer chooses you as the sole agent. The transaction between these parties can also be secured by the presence of a third person Trusted: notary, commissioner of justice (former bailiff and judicial auctioneer), lawyer, bank, etc. Example : You write a sales order as an agent, in case an owner entrusts it to you to find a buyer. The mandate is signed between you (real estate agent) and the owner who wishes to sell his property. The mandate shall contain the following information: ● Duration of your term (maximum 3 years) ● Number registration in the register of real estate principals ● Remuneration and by whom you are paid ● Missions precise ● Conditions of handling of fund (collection or not) and accountability (accounting management report) 3 What conditions do you need to meet? In summary, here are the key information to be verified to find out if you can exercise: ● Have a diploma Tray + 3 minimum (BTS, License or Pro License) or a experience professional in a real estate trade ● Meet requirements for to carry on a commercial activity (https://entreprendre.service-public.fr/vosdroits/F31194?lang=en) ● Not having had an personal bankruptcy or a prohibition on managing (information on the https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 2/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr criminal record bulletin no. 2 (https://www.service-public.fr/particuliers/vosdroits/F14710?lang=en) ) ● Benefit from a financial security (minimum of €30,000 for the first 2 years of exercise then €110,000) for each activity (transaction, management, trustee) ● Take out professional indemnity insurance called SPC ● Get the professional card real estate agent ● Build your company : Registration to the NNE and SCR (https://entreprendre.service-public.fr/vosdroits/F35934?lang=en) and obtaining Siren, Siret and EPA code numbers (https://entreprendre.service-public.fr/vosdroits/F31190?lang=en) Please note In some regions, it is recommended to have a driver's license and to speak a minimum of English. 4 What level of education is required? Diplomas You must have obtained by minimum one of the following: ● BTS in real estate professions ● Professional license (bac+2 recognized bac +3) in management and real estate career ● License (bac +3) in commercial, legal or economic fields ● License (bac +3) obtained in an institute of economic and legal studies applied to construction and housing (ICH). (For example, theICH of (https://ich.cnam.fr/) Cnam) ● Certificate registered in NPRI (National Register of Professional Qualifications) classified in Level II (Bachelor, Bin +3) (https://www.service-public.fr/particuliers/vosdroits/F199?lang=en) Please note You can get a equivalent diploma (one license for 3 years of professional experience) by applying for an ETV (https://www.service-public.fr/particuliers/vosdroits/F2401?lang=en) . Work experience Professional experience in the real estate sector may also entitle you to practice as a real estate agent. The experience requirement varies depending on the degree you have or don't have. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 3/23 12/3/23, 9:53 AM ● If you have the bachelor's degree or a diploma or qualification entered in the national register of professional certifications of an equivalent level attesting to legal, economic or commercial studies, the experience required is: ● ● Become a real estate agent | Entreprendre.Service-Public.fr 3 years experience as a full-time employee under the responsibility of a holder of the professional real estate agent card with the mention you request (e.g. “Management”, “Condo Trustee”, “Transaction”) If you don't have the bachelor's degree or a diploma or qualification entered in the national register of professional certifications of an equivalent level attesting to legal, economic or commercial studies, the experience required is: ● ● either 10 years of experience as a full-time employee under the responsibility of a holder of the professional real estate agent card corresponding to the mention you request (e.g. “Management”, “Condominium trustee” “Transaction”) or 4 years experience if you have executive status 5 On a daily basis, what are the real estate agent's missions? In your profession, you may be required to: ● Search for goods real estate (apartments, houses, shops, offices) for sale or for rent ● Write and to sign a legal act as a mandate with the owner or a sales compromise ● Estimate an asset real estate, define with the owner the sale or rental price and the cost of expenses ● Place listings and view the real estate available in your agency ● Show around real estate ● Counselor your customers ● Check items of the transaction (technical and financial): revenue of customers, energy ratio of an asset, surface area, etc. ● Drafting a legal act as a sales compromise ● Accompany buyer (or lessor) and seller (or lessor) in the signing of the sales agreement or lease ● Hand over keys to the new owner or tenant ● Write an inventory of the property for rent FYI Your mission to advisor is one duty. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 4/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr You are otherwise responsible of the checking file elements (income of a customer, title to property, surface of a property, dependencies on land, existence of easements, energy balance, asbestos, etc.) 6 Compulsory financial guarantee What's this about? The financial guarantee is a reserve of money which you must obtain from a guaranty. She's obligatory. As a real estate agent, you will receive money on deposit for some time. These sums are called fund. Please note If you have declared that you do not have any funds at the time of the creation of your business card, you are not required to have a financial guarantee. These funds correspond, for example, to payment of rent, to the deposit of a guarantee or to a down payment from a sales compromise. You can take out this guarantee with an insurance company. FYI In the case of a business, the legal representative who has already exercised a real estate activity is not obliged to possess this financial guarantee. How much is it? It rises to €30,000 minimum during the first 2 years of activity, then at €110,000 minimum. This guaranteed sum applies to each real estate activity (transaction, management, liquidator). Please note The amount of EUR 30 000 for the first 2 years does not apply to legal persons (business), one of whose legal or statutory representatives has already been subject to the guarantee obligation in the past. Where can I get it? You choose the guaranty. The financial guarantee is obtained from either a professional organisation, an insurance companyassurance, a credit institution or the Caisse des Dépôts. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 5/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr Attestation Template The financial guarantee certificate must have mandatory information. You can review a financial collateral attestation template (https://www.entreprises.cci-paris-idf.fr/documents/20152/2954301/attestation-garantiefinanci%C3%A8re.pdf/3c6c0a4c-c183-b680-55bf-534cf32ce31f) . Mandatory records When you collect money from your customers, you need to: ● Maintain a record of all payments, also called "register-directory" and one register of mandates (paper or electronic format, to be kept for 10 years) ● Issue a receipt, (original given to the customer and copy kept in your receipt book) ● Put these funds in a dedicated bank account 7 PII Insurance: Professional Liability Professional insurance called "SPC"(professional liability) is obligatory. You must choose an insurer from the market and sign a PII insurance contract. It protects you and compensates your customers in the event of damage. The CPR insurance covers both personal injury, equipment or intangible. Example : Accident at your workplace in the presence of affected customers, failure to provide advice or assistance to a customer, error or omission in the drafting of a legal act that you have written (sales compromise, lease, inventory, etc.), fraud (for example, you conceal part of a sale price), closure of the agency while a transaction is in progress, bankruptcy, etc. 8 Create or take over an agency? 1. You have to prepare your project recovery: ● Why Choose Recovery Over company Creation (https://entreprendre.service-public.fr/vosdroits/F36058?lang=en) https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 6/23 12/3/23, 9:53 AM ● ● Become a real estate agent | Entreprendre.Service-Public.fr Determine your ability to do business (https://entreprendre.service-public.fr/vosdroits/F35952?lang=en) , conduct a market study (https://entreprendre.service-public.fr/vosdroits/F35958?lang=en) then build your business plan (https://entreprendre.service-public.fr/vosdroits/F35965?lang=en) Select the branch you will take over (https://entreprendre.service-public.fr/vosdroits/F36061?lang=en) 2. After the preparation phase, you can discuss the milestones for company recovery (https://entreprendre.service-public.fr/vosdroits/N31902?lang=en) . 9 Building your company: the steps For build your company of real estate agency, you must follow the next steps : ● Prepare your project: determine your capacity to undertake (https://entreprendre.service-public.fr/vosdroits/F35952?lang=en) , conduct a market study (https://entreprendre.service-public.fr/vosdroits/F35958?lang=en) then build your business plan (https://entreprendre.service-public.fr/vosdroits/F35965?lang=en) ● Choose your status and legal form (https://entreprendre.service-public.fr/vosdroits/F23844?lang=en) on your company ● Choose your company name (https://entreprendre.service-public.fr/vosdroits/F23283?lang=en) ● Choose the domiciliation of your company (https://entreprendre.service-public.fr/vosdroits/F2160?lang=en) and choose the type of goodwill (https://entreprendre.service-public.fr/vosdroits/F23573?lang=en) (https://entreprendre.service-public.fr/vosdroits/F23283?lang=en) ● Register your company with the RNE and the RCS (https://entreprendre.service-public.fr/vosdroits/F35934?lang=en) and get a Siren and Siret number (https://entreprendre.service-public.fr/vosdroits/F32135?lang=en) ● Open a bank account called escrow account dedicated exclusively to collecting any funds related to your business Warning You can't be a real estate agent under the status of the micro-company. Please note In some cases the choice to integrate a chain of franchised brands (https://bpifrance-creation.fr/encyclopedie/differentes-facons-dentreprendre/entreprendre-franchise/quelscas-franchise-est-elle) may be relevant. 10 How to get the business card? The professional real estate agent card is obligatory to exercise. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 7/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr It is valid 3 years then renewable as many times as you like. The card mentions the real estate activity(ies) you carry out: transactions, management, trustee, list merchant. You must make the request to your CCI. Initial Request General case Form To apply, you must fill out the form (cerfa 15312). Real estate agent: request or renew your business card, make a prior declaration of activity (https://entreprendre.service-public.fr/vosdroits/R13999) Documents to be provided The documents to be attached obligatory at your request are: ● Copy of your diploma or your pay slips justifying your professional experience in the real estate sector ● Attestation of your financial security ● Attestation of your SPC insurance (professional liability) ● Proof of registration to RNE and the SCR Please note It's the CCI that searches for your criminal record information (listed on the criminal record bulletin no. 2 (https://www.service-public.fr/particuliers/vosdroits/F14710?lang=en) ) to verify that you have no prohibition from practicing. Where to send the application file? You must send the form and documents to your CCI. This is the CCI of where your real estate agency is located or where your company is domiciled. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 8/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr Île-de-France Form To apply, you must fill out the form (cerfa 15312). Real estate agent: request or renew your business card, make a prior declaration of activity (https://entreprendre.service-public.fr/vosdroits/R13999) Documents to be provided The documents to be attached obligatory at your request are: ● Copy of your diploma or your pay slips justifying your professional experience in the real estate sector ● Attestation of your financial security ● Attestation of your SPC insurance (professional liability) ● Proof of registration to RNE and the SCR Please note It's the CCI that searches for your criminal record information (listed on the criminal record bulletin no. 2 (https://www.service-public.fr/particuliers/vosdroits/F14710?lang=en) ) to verify that you have no prohibition from practicing. Where to send the application file? You must send the form and documents to your CCI. This is the CCI of where your real estate agency is located or where your company is domiciled. Member of a European country If you come from a European Union countries, you can get the European Professional Card (EPC). You must respect the 3 conditions following: ● Be legally established in France ● Have sufficient knowledge of French ● Prove your education or professional experience: ● Diploma or evidence of formal qualifications attesting to studies (post-baccalaureate) of at least 1 year (or of an equivalent duration in the case of part-time studies), allowing you to take up the activity of real estate agent in your country of origin. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 9/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr You must attach a certified copy of your diploma ● Full-time real estate agent activity for 3 consecutive years (or equivalent part-time duration in the last 10 years). You must attach copies of your salary slips You have to do the online application on the website of the European Commission. Apply online for the European Professional Card EPC or CPE (regulated professions) (https://entreprendre.service-public.fr/vosdroits/R62660) The Chamber of Commerce and Industry (CCI) issues you the European Professional Card (EPC or CPE) for a period of 18 months renewable. Renewal Your professional real estate agent card is valid for 3 years. You must have followed the compulsory continuing training to have the right to renew it. It is renewable as many times as you wish. Your must complete the request 2 months before the expiry date of your card. Real estate agent: request or renew your business card, make a prior declaration of activity (https://entreprendre.service-public.fr/vosdroits/R13999) You send your request to the CCI from the location of your agency. General case You send your request to the CCI from the location of your agency. Île-de-France You send your request to the CCI from the location of your agency. Modification You must declare to the CCI from which you obtained your business card any change concerning the next points : ● Address of your head office (https://entreprendre.service-public.fr/vosdroits/F2160?lang=en) or your main establishment https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 10/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr ● Name or business name (https://entreprendre.service-public.fr/vosdroits/F23283?lang=en) on your company ● Legal form of your company ● Identity of the legal or statutory representative(s) ● Identity of the guarantor of your financial guarantee ● Insurer for professional civil liability These changes result in the issuance of a business card updated, valid for the remaining period to be covered. Cost Tableau - Real Estate Agent Business Card Cost Request Type Amount Initial card issuance or addition of new activities €160 Modification €68 Renewal €130 Issuance of a receipt for prior declaration of activity €96 Issuance of a certificate of authorization for a commercial agent, an employee, a real estate negotiator made by the holder of a professional card €55 11 Compulsory continuing training Continuing education is obligatory for exercise the real estate agent trade. You can renew your business card only if you have completed continuous training over the 3 years of past activities. The duration training must be of minimum 42 hours over the 3 consecutive years of activity. Continuing training must be in direct link to the activity real estate agent. It has to be about following topics : ● Legal, economic, commercial issues ● Ethics (at least 2 hours over 3 years) ● Building, housing, city planning, energy transition techniques https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 11/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr The training organization you choose must be accredited. Find real estate agent training (https://entreprendre.service-public.fr/vosdroits/R62664) 12 Obligations to display prices Display for your customers You must display in visible by the clientele the following information : ● Your professional card (https://entreprendre.service-public.fr/vosdroits/F32994?lang=en) ● Whether or not it is possible to collect fund ● Amount of your financial security, name and contact details of the guarantor ● Rates VAT of your services and their method of calculation with the price list (the displayed rates must be applied) ● Distribution of fees where the fee is charged to the purchaser Where these prices are set in proportion to the value of the property sold or the amount of rent, the display shall indicate the picked percentages and corresponding price bands and all the elements to which these percentages relate. Warning Price ranges are prohibited. Prices must be fixed for each of the services offered. Prices may be fixed and/or proportional. Seek expert advice You can request an opinion from the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) to see if your price and price display (or display project) is conforming the regulations in force. The gait is done online by the following online service: Ask the DGCCRF for advice on how you can inform the consumer about prices (https://entreprendre.service-public.fr/vosdroits/R48976) You receive an answer in a time limit of 2 months from the date of receipt of the complete dossier. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 12/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr 13 Mandatory information on listings Sales Ads In case offees at the purchaser's expense, the following information must appear on the advertisement: ● Share TTC fees as a percentage of the price excluding fees ● Fee included sales price must appear in 1er location on listing ● Price excluding fees In the case of fees to be borne exclusively by the seller, only the selling price excluding fees must be mentioned. FYI A statement specifying the method of distribution fees, between buyer and seller, must appear on the sale advertisement. Rental Ads All rental listings non-seasonal of a duration superior to 90 days shall mention the following information : ● Monthly rent charges included: primarily to potential tenants (on an advertising website, for example) ● Rental expenses and methods of recovery (provision, lump sum or refund on receipts) ● Rent supplement for municipalities subject to supervision: sum requested by the landlord according to the characteristics of the property (particular comfort) ● Amount of security deposit (https://www.service-public.fr/particuliers/vosdroits/F31269?lang=en) , limited to one month's rent excluding charges for naked rentals (without furniture) and two months' rent excluding charges for furnished accommodation ● Furnished character of the rental if so ● The total amount of fees the tenant must pay you ● Share of the fees due for the inventory, if you realize it ● Municipality of the rented property (gives information on the geographical area if it is very tense, tense or not), with the number of the arrondissement for some cities ● Rented living space, identical to that in the dwelling lease https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 13/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr 14 How do you hire your first employee, employee or sales representative? Employee Hiring formalities We'll explain in detail how proceed with your first hire (https://entreprendre.service-public.fr/vosdroits/F23107?lang=en) . You're there all formalities according to the contract type and employees (alternance, temporary, minor, foreigner, etc.). FYI You can benefit fromfinancial aid for the employment of a worker on a rotating basis (https://entreprendre.service-public.fr/vosdroits/F35391?lang=en) . Entitlement Certificate (Contributor) You must provide your employee with a certificate of authorization (https://entreprendre.service-public.fr/vosdroits/R41106?lang=en) (or collaborating certificate). This is a document which makes it possible to justify his competences and the extent of its powers in the exercise of its activity. By this attestation, you areempower to negotiate, transact and commit for your own account. You can apply for certification using the online service next: Real estate agent: request online the certificate of authorization (or collaborator certificate) (https://entreprendre.service-public.fr/vosdroits/R62621) You can also fill out the following form and send it to your CCI. Real Estate Agent: Application for Certificate of Entitlement (https://entreprendre.service-public.fr/vosdroits/R41106) Independent Commercial Agent Hiring If you choose a sales representative rather than an employee as a worker, you should know that the sales representative is independent. It must be entered in the SFCR (special register of commercial agents). It may exercise its powers in the legal form of theIS (including the micro-company). It's a middleman between you (real estate agent), and sellers and buyers (or lessors). We also call him a representative commercial. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 14/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr The sales representative is linked to you by a contract of office and not by contract of employment. It is not subject to the labor code. Contract of appointment This contract must include the following information : ● Sales and real estate agent contact information ● Reminder of articles of the commercial code on commercial agents (https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000005634379/LEGISCTA000006146035/) ● Description of the goods or services to be sold by the sales representative ● Duration of contract ● Geographical sectors and customer segments concerned ● Obligations of the parties (real estate agent and commercial agent) ● How Sales Agent Commissions are Calculated ● Time limit and method of payment of agent's fees ● Conditions for termination of the contract ● Conditions for a possible transmission of the mandate Entitlement Certificate (Contributor) You must provide to your collaborator one certificate of authorization (https://entreprendre.service-public.fr/vosdroits/R41106?lang=en) (or collaborating certificate). This is a document which makes it possible to justify his competences and the extent of its powers in the exercise of its activity. By this attestation, you areempower to negotiate, transact and commit for your own account. You can apply for certification using the online service next: Real estate agent: request online the certificate of authorization (or collaborator certificate) (https://entreprendre.service-public.fr/vosdroits/R62621) You can also fill out the following form and send it to your CCI. Real Estate Agent: Application for Certificate of Entitlement (https://entreprendre.service-public.fr/vosdroits/R41106) https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 15/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr Remuneration He is paid at the commission. It's an amount of money based on the amount of the transaction. It is generally comprised between 3% and 10% the cost of the operation. Prior declaration of activity Know that if you delegate management of a other establishment from your agency to this sales representative, the sales representative must complete a prior declaration of activity. This is an obligation even if the opening of the agency or the management is temporary. It must be made by the commercial agent and transmitted to his CCI. The prior declaration of activity is made on the same form as the one to be completed to obtain a professional card. Real estate agent: request or renew your business card, make a prior declaration of activity (https://entreprendre.service-public.fr/vosdroits/R13999) 15 Open a second branch You want develop your activity by opening a 2me agency. It is either a secondary school, of an establishment complementary if it is located in the same department as the main agency. You have to do the prior declaration next opening date: We'll explain everything you need to know to complete the creation of a new facility (https://entreprendre.service-public.fr/vosdroits/F35342?lang=en) . Commercial Agent, Real Estate Agent What is a real estate agent? Status As a commercial agent, you are self-employed. You're a middleman. It is a question of acting as an intermediary between the real estate agent and the buyers and sellers of goods (tenants or lessors). https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 16/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr The sales representative is also called a sales representative. Because you're acting through a mandate. You can also be called negotiator in real estate or real estate agent. That means that you are not bound by an employment contract (subject to the labor code) to the real estate agent or agency. You're bound to him by a contract of office (subject to the Commercial Code). FYI Being a real estate sales agent is a civil activity and non-commercial. You have no right to engage in commercial acts. Remuneration You're paid on the commission. So your income varies depending on the negotiations you have conducted and the number of negotiations. What are the mandatory requirements? In summary, here are the key information to be verified to find out if you can exercise: 1. Have a level III diploma (https://www.service-public.fr/particuliers/vosdroits/F199?lang=en) (HEADING or BEP) 2. Not having had an personal bankruptcy or a prohibition on managing (information on the criminal record bulletin no. 2 (https://www.service-public.fr/particuliers/vosdroits/F14710?lang=en) ) 3. Take out so-called insurance SPC, professional civil liability 4. Build your company. You must enter in the SFCR asIndividual contractor (IS), including micro-company. To do this you must go to the website of the Single window for company formalities. Company Formalities Window (https://entreprendre.service-public.fr/vosdroits/R61572) You must create personal account. Then you need to click on the column “ Company ” and then click on “File a company”. One interactive online form 8 pages is offered; you must fill it out step by step. A user manual is available on this Single Window website. Real Estate Sales Agent engagements It's the same tasks than the real estate agent you work for. In your profession, you may be required to: ● Search for goods real estate (apartments, houses, shops, offices) for sale or for rent ● Write and sign one mandate with the owner https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 17/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr ● Estimate an asset real estate, define with the owner the sale or rental price and the cost of expenses ● Place listings and view the real estate available in your agency ● Show around real estate ● Counselor your customers ● Check items of the transaction (technical and financial): revenue of customers, energy ratio of an asset, surface area, etc. ● Accompany buyer (or lessor) and seller (or lessor) in the signing of the sales agreement or lease ● Hand over keys to the new owner or tenant FYI Your mission to advisor is one duty. You are otherwise responsible of the checking file elements (income of a customer, title to property, surface of a property, dependencies on land, existence of easements, energy balance, asbestos, etc.) Which is different from real estate agent activity You don't have the right from: ● Write business deeds as a sales compromise ● Giving and billing legal advice to your clients ● Receive funds SFCR Enrollment You must register for the SFCR (special register of commercial agents). This approach is known asregistration or the declaration of commencement of activity. You practice in the legal form of theindividual business (including micro-company). Please note L'real estate sales agent may be registered in the SFCR as a legal person (business) or as a natural person (IS, micro-entrepreneur). https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 18/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr How do I register? General case Registration for the SFCR is done by creating your company on the companies' Single Window site. Warning Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office. Company Formalities Window (https://entreprendre.service-public.fr/vosdroits/R61572) You must create personal account. Then you need to click on the column “ Company ” and then click on “File a company”. One interactive online form 8 pages is offered; you must fill it out step by step. A user manual is available on this Single Window website. Alsace-Moselle Registration for the SFCR is done by creating your company on the companies' Single Window site. Your registration will state: " local law ”. Warning Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office. Company Formalities Window (https://entreprendre.service-public.fr/vosdroits/R61572) You must create personal account. Then you need to click on the column “ Company ” and then click on “File a company”. One interactive online form 8 pages is offered; you must fill it out step by step. A user manual is available on this Single Window website. Worker Entitlement You are mandated by the real estate agent you work for. He gives you theempowerment to negotiate and transact on its behalf. He must possess the professional card “management real estate transactions”. L'real estate agent duty request and forward one certificate of authorization (or collaborating certificate) to prove that he delegates part of his duties to you. This certificate cannot be valid longer than the validity date of the real estate agent's business card, nor later than the duration of the employee's employment contract. https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 19/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr To be renewed, you must have followed a continuing training during the 3 years (42 hours over the 3 years) in the real estate sector. Agency employee The employee of a real estate agency is also called: real estate broker. What is the activity of an employee of a real estate agency? Status and main activities You represent the real estate agency that hired you. In general, you have the same trade missions as a real estate agent. You are bound by an employment contract (subject to the labor code) (https://entreprendre.service-public.fr/vosdroits/F1906?lang=en) to the real estate agent and real estate agency you work for. You are under his responsibility. You have to work according to his recommendations. You must respect the assignments that the real estate agent has entered into your employment contract. Please note You have no right to develop a clientele which is your own. Social protection You have the social protection of employees. You are entitled to a unemployment insurance. Remuneration You're getting a salary. Please note You can also be negotiator VRP salaried worker. In this case, like all VRPs, you are paid at the commission and not at salary, or with a guaranteed minimum wage (commissions received from the moment they exceed the minimum wage). https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 20/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr What are the mandatory requirements? In summary, here are the key information to be verified to find out if you can exercise: ● Have a level III diploma (https://www.service-public.fr/particuliers/vosdroits/F199?lang=en) (HEADING or BEP) ● Respect the conditions for carrying on business (https://entreprendre.service-public.fr/vosdroits/F31194?lang=en) ● So-called insurance SCR, professional civil liability required foragency, which shall extend to employees Have Entitlement You are mandated by the real estate agent you work for. He gives you theempowerment to negotiate and transact on its behalf. He must possess the professional card “management real estate transactions”. L'real estate agent duty request and forward one certificate of authorization (or collaborating certificate) to prove that he delegates part of his duties to you. This certificate cannot be valid longer than the validity date of the real estate agent's business card, nor later than the duration of your employment contract. To be renewed, you must have followed a continuing training during the 3 years (42 hours over the 3 years) in the real estate sector. FYI You have the right of take in or not fundWell, unlike the real estate sales agent. Statute and miscellaneous references Law No. 70-9 of 2 January 1970 regulating the conditions for the exercise of activities relating to certain transactions relating to buildings (https://www.legifrance.gouv.fr/loda/id/LEGITEXT000006068387) Decree No. 72-678 of 20 July 1972 laying down the conditions for the exercise of activities relating to transactions on immovable property and commercial property (https://www.legifrance.gouv.fr/loda/id/LEGITEXT000006061974/) Commercial Code: Articles L134-1 to L134-17 (https://www.legifrance.gouv.fr/codes/id/LEGIARTI000044056333) Commercial Agents Regulations (including Special Register of Commercial Agents (SFCR) s. L134-1 Decree No. 2015-1090 of 28 August 2015 laying down the code of ethics for transaction activities and management of real estate and goodwill (https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000031113441) Decree No. 2015-702 of 19 June 2015 laying down the conditions for the application of Law No. 70-9 of 2 January 1970 (https://www.legifrance.gouv.fr/loda/id/JORFTEXT000030753905/) https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 21/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr Order of 19 June 2015 fixing the information on the professional card of real estate agents, trustees and property managers (https://www.legifrance.gouv.fr/loda/id/JORFTEXT000030754062/) Order of 19 June 2015 fixing the payment due in remuneration of procedures applicable to real estate agents, trustees and property managers (https://www.legifrance.gouv.fr/loda/id/JORFTEXT000030754050/) Decree No. 2017-1481 of 17 October 2017 on the European Professional Card and the alert mechanism for the profession of real estate agent (https://www.legifrance.gouv.fr/loda/id/JORFTEXT000035829657/) Order of 16 November 2017 on supporting documents for the application for a European professional card for the profession of real estate agent (https://www.legifrance.gouv.fr/loda/id/JORFTEXT000036121159/) Order of 10 February 2020 fixing the payment of the procedures provided for in Decree No. 72-678 of 20 July 1972 applicable to real estate agents (https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041573475) Business Card Cost Online services and forms Real estate agent: request or renew your business card, make a prior declaration of activity (https://entreprendre.service-public.fr/vosdroits/R13999?lang=en) Form Real Estate Agent: Application for Certificate of Entitlement (https://entreprendre.service-public.fr/vosdroits/R41106?lang=en) Form Ask the DGCCRF for advice on how you can inform the consumer about prices (https://entreprendre.service-public.fr/vosdroits/R48976?lang=en) Online service Apply online for the European Professional Card EPC or CPE (regulated professions) (https://entreprendre.service-public.fr/vosdroits/R62660?lang=en) Online service Multicard VRP Compensation Reporting (https://entreprendre.service-public.fr/vosdroits/R16207?lang=en) Online service Company Formalities Window (https://entreprendre.service-public.fr/vosdroits/R61572?lang=en) Online service FAQ Real estate sale: what are the obligations of the real estate agent? (https://www.service-public.fr/particuliers/vosdroits/F2954?lang=en) Real estate sale: what should the real estate agent's announcement indicate? (https://www.service-public.fr/particuliers/vosdroits/F32061?lang=en) Who should compensate you if you have suffered harm? (https://www.service-public.fr/particuliers/vosdroits/F1423?lang=en) How do I get a Siren number or a Siret? (https://entreprendre.service-public.fr/vosdroits/F32135?lang=en) Additional topics I’ll take it back (https://entreprendre.service-public.fr/vosdroits/N31902?lang=en) https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 22/23 12/3/23, 9:53 AM Become a real estate agent | Entreprendre.Service-Public.fr Condominium Trustee (https://www.service-public.fr/particuliers/vosdroits/F2608?lang=en) Service-Public.fr Validation of prior learning (VAE) Service-Public.fr (https://www.service-public.fr/particuliers/vosdroits/F2401?lang=en) Criminal record: presentation of the three bulletins (https://www.service-public.fr/particuliers/vosdroits/F14710?lang=en) Service-Public.fr Company creation: choose the legal form of your company (https://entreprendre.service-public.fr/vosdroits/F23844?lang=en) Company Creation: Choose and protect the company name (https://entreprendre.service-public.fr/vosdroits/F23283?lang=en) Company creation: formalities for the registration of a business (https://entreprendre.service-public.fr/vosdroits/F35934?lang=en) Company Creation: Are you designed to build and manage a company? (https://entreprendre.service-public.fr/vosdroits/F35952?lang=en) Company Creation: Conducting a Market Study (https://entreprendre.service-public.fr/vosdroits/F35958?lang=en) Resuming a company: Define its project and target the type of company to be resumed (https://entreprendre.service-public.fr/vosdroits/F36058?lang=en) Company Resume: Select a company to resume and meet with the transferor (https://entreprendre.service-public.fr/vosdroits/F36061?lang=en) Procedure and formalities for hiring an employee (https://entreprendre.service-public.fr/vosdroits/F23107?lang=en) Opening a secondary or complementary establishment (https://entreprendre.service-public.fr/vosdroits/F35342?lang=en) Merchant of lists or files (of real estate) (https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/Marchand-de-listes-ou-de-fichiers) Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) Model of financial guarantee certificate of a real estate agent (PDF - 22.9 KB) (https://www.entreprises.cci-paris-idf.fr/documents/20152/2954301/attestationgarantie-financi%C3%A8re.pdf/3c6c0a4c-c183-b680-55bf-534cf32ce31f) CCI France How to apply for the European Professional Card (EPC or CPE) (https://europa.eu/youreurope/citizens/work/professional-qualifications/european-professionalcard/index_fr.htm#) European Commission In which cases is franchising a relevant solution? (https://bpifrance-creation.fr/encyclopedie/differentes-facons-dentreprendre/entreprendre-franchise/quels-casfranchise-est-elle) Bpifrance Creation Regulation of commercial agents (https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000005634379/LEGISCTA000006146035/) Legifrance Institute of Law and Economics Applied to Real Estate of Vietnam (https://ich.cnam.fr/) National Arts and Trades Center https://entreprendre.service-public.fr/vosdroits/F32994?lang=en 23/23