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

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
  • List dealer
  • 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.

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)

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
  • Not having had an personal bankruptcy or a prohibition on managing (information on the criminal record bulletin no. 2)
  • 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 and obtaining Siren, Siret and EPA code numbers

Please note

In some regions, it is recommended to have a driver's license and to speak a minimum of English.

Diplomas

You must have obtained by minimum one of the following:

  • BTS: titleContent 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 ofCnam: titleContent)
  • Certificate registered in NPRI (National Register of Professional Qualifications) classified in Level II (Bachelor, Bin +3)
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.

  • 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:
    • 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

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.

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.)

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.

Attestation Template

The financial guarantee certificate must have mandatory information.

You can review a financial collateral attestation template.

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

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.

For build your company of real estate agency, you must follow the next steps :

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 may be relevant.

The professional real estate agent card is obligatory to exercise.

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: titleContent.

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

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: titleContent and the SCR: titleContent 

Please note

It's the CCI: titleContent that searches for your criminal record information (listed on the criminal record bulletin no. 2) 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: titleContent.

This is the CCI of where your real estate agency is located or where your company is domiciled.

Who shall I contact
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

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: titleContent and the SCR: titleContent 

Please note

It's the CCI: titleContent that searches for your criminal record information (listed on the criminal record bulletin no. 2) 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: titleContent.

This is the CCI of where your real estate agency is located or where your company is domiciled.

Who shall I contact
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.
      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)

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

You send your request to the CCI: titleContent from the location of your agency.

General case

You send your request to the CCI: titleContent from the location of your agency.

Who shall I contact
Île-de-France

You send your request to the CCI: titleContent from the location of your agency.

Who shall I contact
Modification

You must declare to the CCI: titleContent from which you obtained your business card any change concerning the next points :

  • Address of your head office or your main establishment
  • Name or business name 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.

Who shall I contact
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

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

The training organization you choose must be accredited.

Find real estate agent training

Display for your customers

You must display in visible by the clientele the following information :

  • Your professional card
  • 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

You receive an answer in a time limit of 2 months from the date of receipt of the complete dossier.

Sales Ads

In case offees at the purchaser's expense, the following information must appear on the advertisement:

  • Share TTC: titleContent 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, 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

Employee
Hiring formalities

We'll explain in detail how proceed with your first hire.

You're there all formalities according to the contract type and employees (alternance, temporary, minor, foreigner, etc.).

Entitlement Certificate (Contributor)

You must provide your employee with a certificate of authorization (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)

You can also fill out the following form and send it to your CCI: titleContent.

Real Estate Agent: Application for Certificate of Entitlement

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.

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
  • 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 (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)

You can also fill out the following form and send it to your CCI: titleContent.

Real Estate Agent: Application for Certificate of Entitlement

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: titleContent.

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

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.

Commercial Agent, 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).

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.

In summary, here are the key information to be verified to find out if you can exercise:

  1. Have a level III diploma (HEADING: titleContent or BEP: titleContent)
  2. Not having had an personal bankruptcy or a prohibition on managing (information on the criminal record bulletin no. 2)
  3. Take out so-called insurance SPC, professional civil liability
  4. Build your company. You must enter in the SFCR: titleContent 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

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.

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
  • 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

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: titleContent as a legal person (business) or as a natural person (IS: titleContent, micro-entrepreneur).

How do I register?
General case

Registration for the SFCR: titleContent 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

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: titleContent 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

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.

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.

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.

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) 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: titleContent 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).

In summary, here are the key information to be verified to find out if you can exercise:

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.

Who can help me?

Find who can answer your questions in your region