New information obligations for real estate advertisements from April, Actualité/Actu Immobilier


A decree reinforcing the information provided by professionals in their real estate advertisements has just been published and will come into force on April 1, 2022.

For properties located in areas subject to rent control, the text not only requires real estate professionals to mention rent control in their rental advertisements but also to specify the amount of the basic rent (excluding charges), the increased reference rent (which constitutes the ceiling of the base rent), as well as any additional rent which is only applicable when the characteristics of the location or the comfort of the property justify it.

Individuals will also be affected

The purpose of these obligations is to provide future tenants with better information and to limit advertisements that do not comply with the rent ceilings. While studies have shown better compliance with rent controls in the offers of regulated professionals than in those of individuals, this measure will soon be extended to advertisements published by individuals under the 3DS law.

On the subject of the additional rent, a study by Meilleurs Agents had also shown that it is difficult to determine whether landlords justify exceeding the rent by an additional rent which must be detailed in the lease but does not necessarily appear in ads, even less in those of private individuals who often lack clarity.

Fees

This decree also modifies the rule for displaying the fees of professionals: their scale will now have to mention a maximum rate. It will therefore be possible for them to lower the price of their service for a sale or a rental, or even a property management.

The Minister of the Economy, Bruno Le Maire, specified that compliance with these transparency measures will be monitored with vigilance by the Directorate General for Competition, Consumption and the Repression of Fraud (DGCCRF).



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