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CHANGES TO THE LAW ON
ESTATE AGENTS
A decree (21st October
2005 no. 2005-1315) has just come into force which, amongst other
things, alters the requirements for the obtaining of professional
licences by estate agents. The main changes are as follows:
• If an agent moves to
another ‘département’, the licence (‘carte professionnelle’) does not
have to be reapplied for and the agent’s file is passed to the new ‘Préfecture’;
• Qualifying requirements:
The main qualifying
requirements have been altered as follows:
◊ Holders of a diploma or
certificate or other of a level equal to or greater than three years of
higher education following ‘baccalauréat’ or the EU equivalent in law,
economics or business; or a university diploma, certificate or other for
higher real property special technician or EU equivalent; or a diploma
from the Institute of economic and legal studies for construction and
dwellings, real property sale and management or EU equivalent;
◊ Those who have the ‘baccalauréat’ or equivalent, including within the
EU, and have been employed for at least three years in the estate agency
field;
◊ Those who have been employed for at least ten years in the estate
agency field (reduced to four for those employed at management level or
at certain levels in the public sector).
• The licence will be
valid for ten years (instead of one year previously);
The law has also altered
certain of the regulations applying to the financial guarantee which an
estate agent must obtain. The new provisions will come into force from
1st January 2006, but those licences which have not come up for renewal
by this date will remain valid until their initial expiry date.
16/11/2005
- Legal Update
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