A recent report from the consumer watchdog in France - Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) – highlights irregularities in property adverts for sale and let, published by estate agents.

According to the agency, many adverts do not mention the energy rating of the property, or the natural risks to which the property may be vulnerable, such as subsidence.

In addition, estate agents do not always make clear the fees payable and who is responsible.

The results were obtained from a survey of 1,600 estate agents across the country.

Adverts for the sale and letting of property in France are subject to detailed regulation, with significant strengthening of the law in recent years.

One of the key obligations is that advertisers must state the energy efficiency rating of the property, as well as the carbon footprint, and where a buyer can find information on the natural risks to which the property is susceptible.

This forms part of the house information pack that must be supplied to all buyers (and tenants), called the Dossier de Diagnostic Technique (DDT).

One of the many reasons why information is not included is because the DDT reports are simply often not available when the property is advertised, either because of a delay with the surveyor, or because the seller is unwilling to have them carried out until there is the prospect of a sale.

Jerry Green of

Clé Rouge Immobilier,

based in Duras, Lot-et-Garonne, states that: "Whilst the DPE results should now be included in the property advert, the reports are complex and a proper study of them is necessary."

Fees

The report from the DGCCRF also pointed out the lack of compliance with information on fees in property adverts.

Here again, the regulations are tight, as the advert must make clear the fees payable and who must pay them.

Where it is the buyer who pays the advert must clearly state that is the case, as a percentage of the purchase price. It must also state whether the advertised price is inclusive or exclusive of the fee. The fee (including taxes) must also then be clearly stated, expressed as a percentage of the sale price. Two prices should then be displayed; one which includes the fee and one excluding the fees.

Last year the competition authority in France criticized the high level of fees by estate agents.

All of the information on the advert must be clearly displayed.

The rules apply to both shop-window and on-line adverts.

Other unacceptable practices cited the DGCCRF were: maintaining an advert despite the property having been sold: indicating that a property had been sold, despite the fact that it had been sold by a different estate agent: claiming that the property was being sold exclusively, despite the fact that the exclusivity clause had expired: and, finally, claiming that the property was new on the market, when it had been advertised for several months.

The DGCCRF report did not consider the quality of the description of the property being advertised. Although in recent years there has been a significant improvement, many adverts fall short of making clear the condition of the property, local encumbrances and its location.