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SJ Berwin advised Harbert Management Corporation (HMC) on the acquisition of Goodman from the business park "Parc Mail" in Lyon (69) to € 39,290,000. The "Park Mail", located in St Priest (Lyon), includes 12 office buildings with a total area of ??21,920 m 2, and enjoys known tenants: Microsoft, Renault, Cap Gemini, Total Petrochemicals, Linde and others. HMC has been advised by King Sturge and DekaBank for this transaction. HMC has invested through its fund heresy II dedicated to acquisitions of real estate assets in Europe. The European team consists of 5 offices in London, Luxembourg, Amsterdam, Paris and Madrid. --- A real estate agent is an intermediary in transactions involving real estate: sales and rentals. This agent can be a freelancer or a company, estate agency, employing negotiators. Legal Framework In France, activities on property and business assets are governed by law 70-9 of January 2, 1970 Hoguet said Act and its implementing decree of July 20, 1972. She oversees the natural or legal persons involved usually the property of others in the transaction or lease of real property or business assets and management immobilière1. It does not apply to surveyors, notaries, lawyers, architects for their work and representatives of construction companies for bottling sale2. A business card is required issued by the Prefecture of the headquarters of the company carrying on the condition of proof of professional competence and not suffer a disability or disqualification, and be covered by a financial guarantee for the funds provided by insurance and approved by a professional liability insurance (financial guarantee is mandatory for most professionals are no longer receiving funds from July 2010 and that following the implementation of a European Directive) 3. There are 3 cards since January 2006 for the sale of real property known as "trading in property and goodwill '" T "card validitée 10 years for the management of leased property called" Property Management "map" G "for activity "vendor list" 4. Clearance must be performed by a cardholder to an employee is not incapacitated. Self-employed commercial agents may not hold funds or draft contracts, except money orders, or give advice juridiques5. This employee is called real estate negotiator, he aims to bring a buyer to a seller, lessor or a lessee. By his knowledge of market prices of goods available on each sector, the nature of demand and supply, the concept of business intelligence market is paramount. He participated in the successful completion of transactions. Guests of the real estate agent to appoint a specific mission: to sell or lease their property or find property that matches their expectations. This mandate takes the form of a written agreement pursuant to the provisions of the Civil Code on contracts, specifying the conditions of handling money and the conditions for determining the remuneration and the party having the absorptions6. --- Inability The officer is incapacitated from practicing his profession in the event of a conviction within the last ten years for a felony or three months in prison for a crime involving fraud, concealment of money laundering, bribery, false , of conspiracy, drug trafficking, pimping, exploitation of people, of violating the law on commercial companies, bankruptcy, loan sharking, gambling, trafficking, financial fraud tax, hacking, discrimination or violation urbanism, consumption, labor code. Similarly, the removal of a regulated profession or personal bankruptcy induces this incapacité7. The estate agent must provide proof of professional competence for the business card. This is justified by a three bachelor's degree in legal studies, economic or commercial diploma IUT or BTS housing, the diploma of the Institute of Applied Economic and Legal Studies at the construction and Housing option sale and building management. Moreover, it can come from a professional experience of three years for the baccalaureate or ten years if not, reduced to four years for executives, an experience that can be halved for those responsible for succursales8. Commercial actions implemented by the negotiator for the sale of real property are: panel (s), newspaper advertisements, and presentation in the showcase on the website of the agency, file recovery. It also performs all types of approaches on the Internet to publish their offers and contact buyers. Advice to the seller In addition to a good agent will advise his client on how best to present their property may now become "a product to sell." Indeed, we do not live in a place in the same way when it becomes a "product". Where appropriate, the officer will advise cleaning, repairs, storage, depersonalization, reorganization of furniture sometimes going so far as to use the services of a professional stylist. In France, this phenomenon started in the United States, called home staging makeover of a property before its sale. All this with the goal of promoting space and its volume and create a welcoming and positive first impression driving the famous "coup de coeur. Then, and only after this stage, pictures (as good as possible) may be taken and circulated on the Internet, magazines, etc.. their impact is crucial for subsequent requests for information and / or visits. --- Fees In consideration of its business, the estate agent receives compensation. Previously set by a national scale [ref. necessary], the fees are now free but must be displayed in the window and places of public reception of the agency. They are set in the mandate of sale as the party bearing the burden. The amount and the party in charge are necessarily included in the contract of sale or sale agreement (preliminary agreement). In an advertisement, the remuneration of the intermediary when it is charged to the tenant or purchaser and is not included in the advertised price must be mentioned comprises9 all taxes. The usual rates vary depending on the amount of the transaction: the higher the sale price of the property, the higher the commission percentage will be lower. It is generally found that real estate firms take on average for real estate transactions of 4 to 8% fee TTC10 HT and 8% for commercial transactions: trade, bed & breakfasts, hotels, shops, offices, etc. . No settlement is due, payable or acceptable before an operation is recorded in a deed of transfer of ownership (signature of the notary act) unless the client is a professional in which case a settlement is possible before the actual closing of the transaction. In case of failure of the contract of sale, he is not entitled to such compensation, but may seek compensation for damages to the party by whom the abandonment of the contract is reached, if the warrant specifies a clause exclusivity if he was ousted from the sale, criminal or under which a commission will be due by the principal even if the transaction is concluded without his intermédiaire6. So that the recipient may receive a discount on the cost basis for calculating transfer taxes and notary fees (fixed by decree), it is customary to put them at the expense of the purchaser : in this way, the sale price took into account the instrument is the price "net seller". Without this provision, the total cost would be increased by 5.09% of human mutations and the notary fees (approximately 1% TTC for routine transactions) calculated on the commission. However, it is possible to keep the charge of fees to the seller, which is usual when there is professional: in fact, he may recover the VAT of 19.60% which is preferable. Another possibility to reduce the registration fee is to establish a list of securities left in the property eg furniture, kitchen appliances etc..) And assign a value to each object. Indeed, as the registration fees are calculated on property "property" and not on movable property, tax administration allows this reduction. The real estate negotiator, used in a real estate agency, is paid on commission. The amount of commissions is based on the contract he signed with the latter and may vary depending on its status: employee or sales representative agent. |
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