Failing entry in the register of mandates and carry the registration number on the copy submitted to the principal The offer of sale made by a real estate pursuant to a warrant illegally does not bind the seller.
Respect for the law Hoguet No. 70-9 of January 2 1970 should not be taken lightly by real estate professionals.
In this case, an individual had accepted an offer to sell issued by a real estate agency.
Seller recanted, claiming invalidity of the mandate given to his agency.
Under Article 6 of Law Hoguet, the mandate must meet the formal requirements for its implementing decree and in particular the reference to the Convention on the register of mandates and the deferral registration number on the copy submitted to the principal.
If no valid warrant, the agent was without power and the offer made by the Intermediate was not binding on the principal. Acceptance issued by the acquirer was not able to form sale.
formalism attached to the mandate of the estate agent can be a tool for the indecisiveness of the seller.
Much to the chagrin of real estate agents have already been judged recently by the Supreme Court that the doctrine of ostensible authority can to defeat the mandatory provisions of law Hoguet demanding the conclusion of a written statement relating to special provisions (Cass. civ. 1st January 31, 2008 No. 05-15774)
Traditionally, the theory of ostensible authority can declare the principal hired since the belief of others to the extent of powers of attorney is legitimate.
Small consolation for the real estate agent in another area, the Court of Cassation also held that even if it is not liable for the commission, the buyer whose wrongful conduct has lose it to the realtor, through whom he was related to the vendor who had appointed shall, on the basis of tort, repair such salesperson's injury (Cass. Ass. Plen., May 9, 2008, No. 07-12449)
Yann Gallon - Lawyer
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