Real Estate Agents’ Employee or Associate : the end of the no man’s land

In a press article published in “Revue des Loyers” dated May 2005, we spoke up and voice our concern about the legal uncertainty resulting from a decision of the commercial chamber of the French Supreme Court (la “Cour de Cassation”) dated July 7th, 2004, to be faced by the Real Estate Agents.

Further to this decision, the legislator expressly recognized the commercial agent status according to article 97 of the National Commitment to Housing Act of July 13th, 2006 (Law n° 2006-872) which has modified article 4 of the Law n° 70-9 dated January 2nd, 1970 regulating activities related to real estate and business assets.

Registration is required with the Special Register of Sales Agent at the French clerk of the French Tribunal de Commerce.