AZOULAI & Partners - 169 Boulevard Saint-Germain - 75006 Paris - France
Phone : +33 (0) 1 53 53 04 40 - Fax : +33 (0) 1 53 53 04 49
Since January 2nd of 1970, lawyers are authorized to act as representative in property transaction, but only as a secondary activity.
It can be very interesting to ask a lawyer to act as a representative in a property transaction because he has a double skill in counseling and in litigation, which makes him a precious asset.
He can anticipate the troubles you might face, answer the legal questions you might ask yourselves and the best way to avoid those troubles. The attorney will be your only representative and will defend your best interests.
Lawyers are the first among judicial and legal professionals to write private deeds.
As a representative in property transaction, the lawyer is still a lawyer in the first meaning of the term but can also be in charge of a mandate in order to sell, to purchase or to rent properties.
This activity has to be a secondary activity for lawyers.
The lawyer cannot collect any revenues other than those in payment of the redaction of legal deeds if the real estate deal is not achieved. He has to show independence, loyalty, impartiality, and objectivity.
The negotiation regarding the real estate deal has to take place in the lawyer’s offices.
Nevertheless, the lawyer has the right to proceed with views of the places he is in charge of selling or renting.
Regarding its mission as a representative in property transaction, the lawyer is allowed to deal with:
- The purchase, the sale, the lease, sublet, of a property,
- The purchase, the sale or the lease of a business,
- The sale of a livestock dead or alive,
- The creation, the purchase, the sale of shares in real estate companies leading to the assignment of a property or a business,
- Exclusive of press releases, the sale of lists or files regarding the purchase, the sale, the lease, the sublet of properties.
Eventually, the signature of any contract of enjoyment of a property for shared time has to obey the articles L121-6 and following of the French “Code de la Consommation”.