CAN WE STILL MODIFY THE DEBTOR OF THE REAL ESTATE AGENT'S COMMISSIONS BETWEEN THE MANDATE AND THE FINAL DEED?

The fees must be paid to the real estate agent by the person designated in the mandate and not by the person referred to in the notarial deed. Otherwise, the real estate agent must reimburse them.

This rule of the designation of the debtor of the commission was also reinforced/reiterated by the decree of January 10, 2017 which prohibits the switching of the commission at the expense of the purchaser.

Indeed, Article 3-2 ° indicates that an announcement must specify " Who is responsible for the payment of the professional's fees at the end of the transaction."

In other words, as soon as the announcement appears, the debtor of the commission is frozen. It is therefore no longer possible to switch the commission. The amount and charge of the remuneration due to the intermediary must be the faithful reproduction of the sales mandate.

Source: Le Journal de L'Agence - Novembre 2021