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Code of Conduct for Real Estate Agents in France
Discover the Code of Ethics for Real Estate Professionals, ensuring ethics, transparency and accountability in real estate transactions.
Decree No. 2015-1090 of 28 August 2015 laying down the rules constituting the code of ethics applicable to certain persons engaged in the transaction and management of buildings and commercial funds
Article 1 Scope
I. – This Code sets out the ethical rules to which persons engaged in one or more of the activities mentioned inArticle 1 of Law No 70-9 of 2 January 1970 Regulating the conditions for carrying out activities relating to certain transactions relating to immovables and commercial funds, holders of a business card issued under the conditions of Article 3 of that Act or whose activity has been the subject of a prior declaration pursuant to Article 8(1) of that Act.
Where the persons mentioned in the preceding subparagraph are legal persons, their legal and statutory representatives shall be subject to the rules of this Code.
II. – The activities referred to in I, which are usually carried out, even as incidental activities, relating to the property of others are as follows:
1° The activity of a real estate agent, which consists of engaging in or assisting in operations referred to in the 1° to 5° and 8° of Article 1 of the Act of 2 January 1970 referred to above:
– purchase, sale, search, exchange, rental or sub-lease, whether or not seasonal, in nude or furnished, of built or unbuilt buildings;
– the purchase, sale or leasing of commercial funds;
– the disposal of a dead or alive stock;
– the subscription, purchase, sale of shares or shares of real estate companies or participatory housing companies, which are intended for the allocation of premises in use or ownership;
– the purchase, sale of non-marketable shares where the social asset includes a real estate or a commercial fund;
– the conclusion of any contract for the use of timeshared immovables governed by the Articles L. 121-60 et seq. of the Consumer Code ;
2° The activity of a property administrator referred to in article 1 of the Act of 2 January 1970, which consists of engaging in or assisting in property management operations;
3° The activity of a co-ownership trustee referred to in Article 1 of the Act of 2 January 1970 in connection with the Act No. 65-557 of 10 July 1965 establishing the status of condominiums of built buildings;
4° The activity of a list merchant referred to in Article 7 of the Act of 2 January 1970, which consists of selling lists or files, excluding publications by press, containing offers of purchase, sale, rental or sub-lease in nude or furnished with built or unbuilt buildings or offers of sale of commercial funds.
Article 2 Professional ethics
The persons mentioned in Article 1 shall exercise their profession with conscience, dignity, loyalty, sincerity and probity.
By their behaviour and their words, they strive to give the best image of their profession. They prohibit any conduct, action or omission that could harm the entire profession.
Article 3 Compliance with laws and regulations
In carrying out their activities, the persons referred to in Article 1 shall act in strict compliance with the laws and regulations in force and with the provisions of this Code.
In particular, they oblige:
1° To commit none of the discriminations mentioned inArticle 225-1 of the Criminal Code, in respect of both natural and legal persons ;
2° To ensure compliance with their obligations to combat money laundering and terrorist financing in accordance with theArticle L. 561-2 of the Monetary and Financial Code ;
3° To ensure compliance with the provisions of Act No. 78-17 of 6 January 1978 on information technology, files and freedoms;
4° To refuse their assistance when they are asked to prepare fraudulent acts.
Article 4 Jurisdiction
The persons referred to in Article 1 must have the theoretical and practical knowledge necessary to carry out their activities.
They shall keep themselves informed of legislative and regulatory developments relevant to their activities or which may affect their interests.
They must know the conditions of the markets on which they are to intervene.
They shall take the necessary measures to comply with their own obligation of continuing training and shall ensure that their employees, who are empowered to negotiate, enter into or engage on their behalf, and their directors of establishments fulfil their obligation of continuing training.
They oblige them to refuse missions for which they do not have the required skills or to use any qualified external person of their choice if necessary. In the latter case, they shall inform their client of the nature of the services concerned and of the identity of the external person to whom they have appealed and shall ensure the latter's professionalism.
Article 5 Organisation and management of the enterprise
The persons referred to in Article 1 shall ensure that the arrangements for the organisation and functioning of the structures for the exercise of their activities enable them to comply with the legal and regulatory provisions in force and those of this Code.
In particular, they shall be responsible for the effective management of their undertakings and establishments, subject to their ability to appoint directors of establishments.
When empowering an employee to negotiate, enter into or engage on their behalf or appoint a school director, they shall ensure that such persons fulfil all the conditions laid down by law and regulations and that they have all the skills and qualifications necessary for the proper performance of their duties. Where the authorized employee is not employed, they shall in particular ensure that he is entered in the special register of commercial agents and that he has insurance against the pecuniary consequences of his professional liability.
The persons referred to in Article 1 shall specify with clarity and completeness the scope of the powers entrusted in the act appointing a director of establishment or in the clearance certificate established pursuant to Article 1Article 9 of Decree No. 72-678 of 20 July 1972 laying down the conditions for applying the Act No. 70-9 of 2 January 1970.
Article 6 Transparency
In compliance with legal and regulatory obligations, persons referred to in Article 1 shall give the public, their constituents and other parties to the operations for which they have been mandated accurate, intelligible and complete information on their professional activities, including ancillary or supplementary services, amounts and methods of calculating their fees, skills and professional qualifications.
They require:
1° To present their professional card and to ensure that their employees present their certificate of authorization and their school directors with a receipt of prior declaration of activity, at the request of any interested person;
2° To be made available to their constituents or other parties to the operations for which they have been mandated the identity of persons involved in the performance of the tasks entrusted to them;
3° To communicate, at first request, the contact details of their professional civil liability insurer and, where appropriate, their guarantor;
4° When asked to issue a value notice, inform their client that this notice is not an expert opinion.
Article 7 Confidentiality
As part of their obligation of confidentiality provided for in Article 4(2) of the above-mentioned Law of 2 January 1970, the persons mentioned in Article 1 shall exercise caution and discretion in the use of personal data and information relating to their applicants or third parties of which they become aware in the performance of their duties and in the disclosure of information relating to their mandate.
They shall ensure that their staff and managers act with the same caution and discretion.
However, they are not bound by this obligation of confidentiality:
1° Where legal or regulatory provisions require or permit them to communicate, in particular when they are required to testify in court;
2° When the persons concerned disobey this obligation;
3° In the exercise of their defence in judicial or disciplinary matters.
Article 8
In carrying out the tasks entrusted to them, the persons referred to in Article 1 shall promote the legitimate interests of their constituents, respecting the rights and interests of the other parties to the operations for which they have been mandated.
They require:
1° That the private acts they draft express the agreements between the parties, which they unequivocally provide their perfect information and which they tend to harmonize their interests, without any one of them obtaining the benefits alone;
2° To be cautious, ensuring that neither the situation of their constituents nor those of the other parties to the operations for which they have been mandated is endangered;
3° To communicate to their constituents and other parties to the operations for which they have been mandated all the information they need to make their decisions in a free and informed manner;
4° To report regularly and as soon as possible to their constituents on the implementation of their mission and to notify them of difficulties encountered;
5° To transmit to the principal as soon as possible any proposal in accordance with the mandate entrusted;
6° To transmit within a reasonable period of time all funds and documents returned to their constituents, either to the applicants themselves or to any agent appointed by them.
Article 9 Conflict of interest
The persons referred to in Article 1 shall ensure that they are not in conflict of interest with their constituents or with other parties to the operations for which they have been mandated.
They shall ensure that ancillary or related activities do not generate any conflict of interest.
These include:
1° Not to acquire, in part or in whole, or to have acquired by a relative or any body in which they hold a stake, real estate for which a mandate has been given to them, except to inform them of their project;
2° To inform the purchaser of their quality in case of sale of property wholly or partly owned by them;
3° Not to agree to assess property in which they own or intend to acquire interest, except as stated in their value notices;
4° Failing to receive any remuneration or benefit of any kind in respect of expenses incurred on behalf of a principal, without having previously obtained the latter's agreement on the initiation of expenditure, the arrangements for selecting suppliers and invoicing their products or services to be transparent;
5° To inform their constituents and other parties to the operations for which they have been mandated, of the possibility and reasons for a conflict of interest with or between them, and in particular of direct links of a capital or legal nature which they have or which their directors or authorized collaborators have with the undertakings, banking institutions or financial companies whose services they offer, and more generally of the existence of a personal, direct or indirect interest in the performance of their duties.
Article 10 Confraternity
In carrying out their activities, the persons referred to in Article 1 shall maintain relations of confraternity between themselves, in the context of free, healthy and fair competition.
They shall refrain from any offensive or malicious words or actions, actions or manoeuvres that may harm, denigrate or discredit their fellow brothers.
They shall avoid any conflict with their colleagues which may affect the interests of the applicants and other parties to the operations for which they have been mandated.
They prohibit encouraging prospects or clients of a colleague to break up their business relationship with the latter. They refrain from providing erroneous evidence of appreciation in order to divert customers to their benefit.
They may not give an opinion on the professional practices of a confrere without having previously received a request for an opinion. They must be cautious, measured and tactful in the opinion they express.
If they perform a trade union function within a trade union or any other elective or representational function, they shall refrain from using it for commercial purposes.
If they are aware of a breach of the code of ethics committed by a confrere in the exercise of his profession, they shall refrain from communicating their criticisms to the clientele and shall immediately refer them to their confrere.
Article 11
The persons referred to in Article 1 shall endeavour to resolve amicably disputes arising with their constituents, other parties interested in the operations for which they have been mandated or their colleagues.
They shall respond in good faith and within a reasonable time to their claims.
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At Clovis properties, we put a point of honour to combine professionalism and ethics in every real estate transaction. We support you in the sale or purchase of exceptional properties with a personalized service, transparent and respectful of the highest standards of professional ethics. 
Our Commitment to Professional Ethics
We firmly believe that ethics is the cornerstone of any sustainable business relationship. That is why we apply an approach based on transparency, integrity, and respect for ethical principles. Our ethical commitment is as follows:
- Total transparency :
We act clearly at every stage of your project. We inform you about market opportunities, conditions and trends, allowing you to make informed decisions.
- Absolute confidentiality :
Discretion is at the heart of our approach. We respect your privacy and guarantee the protection of all your personal and professional information.
- Compliance :
We always keep our promises and respect our commitments to our customers. Honesty is essential to us, as it forges a lasting relationship of trust.
- Objective and Independent Council :
Our role is to provide you with impartial advice based on accurate and independent analysis of available options. We never act according to external interests, but only for your benefit.
https://www.legifrance.gouv.fr/loda/id/JORFTEXT000031113441/
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