The Brokerage contract between us:

As with all contracts, the brokerage contract must have a recital clause, its length, the conditions of cancellation and the intermediary parties fees.

The brokerage contract can be  "exclusive". In this case, to have recourse to this intermediary party is obligatory: the seller can not finalise directly a transaction on their own, even if they themself find a buyer, nor entrust another intermediary party with the sale. The maximum duration for this type of brokerage contract is not to exceed three months. After the aforementioned time frame, the seller can terminate the contract by registered letter with acknowledgement of receipt, having given an advance notice of fifteen days.

When the brokerage contract is "simplified", the seller himself can also finalise the transaction or entrust another brokerage contract "simplified" to another intermediary party.  In general, the contract is drawn up for a period of from three to six months during which the seller can not revoke it.

Most of the time, a potential buyer who visits a property with an intermediary party must sign a "bon de visite": "a form the French estate agent requires you to sign before viewing a property. You are agreeing that you will not approach the owner directly if you want to make an offer on the house” by which they commit themselves to have recourse only to the aforementioned intermediary party to buy the property.

The amount of the brokerage commission for the estate agent is freely set by common agreement between the two parties. 
In principle, the brokerage commission is paid when the official deed is signed.
If one of the set conditions in the preliminary contract is not met (loan refusal, etc.), the commission is not due, except if an error has been made on the principal’s part or another party.

The notary’s work is paid for first of all by "emoluments", of which the amount is proportional to the selling price. The notary then receives emoluments for formalities corresponding to various tasks, which they carry out with respect to administration: the verification of the building permit, the cadastre extract, etc. The fee is set by order in Council for each sort of administrative step required. 
The global amount of these emoluments for the different formalities depends on the purchase terms (recourse or not to a loan, etc.).

The notary has to incur a certain number of expenses on behalf of their customers:  the surveyor’s fees, etc. These fees are naturally reimbursed by the buyer.

Finally the "notary’s fees" include registration fees, which are collected by this public officer and paid to the Public Treasury.

The registration fees apply to the selling price, to which are added all of the other charges that increase the selling price", which are the buyer’s responsibility.

Example: when the buyer pays all of the property tax, the amount of the tax representing the taxable period of time previous to entering the property is subject to registration fees.

The intermediary party’s commission is not subject to registration fees when the brokerage contract states that it is expressly the purchaser’s responsibility.

For older dwellings, these fees amount to 4,89% of the selling price.

French “départemental“ tax 3?60% + local authority taxes 1?20% + the French state debits a tax equal to 2?50% of the “départemental“ tax.

The buyer must equally pay the registrar of mortgages’ salary (0?10% of the selling price), as well as stamp taxes.

The content of the contract is set via a common agreement on the part of the different parties present. Household comprehensive insurance is no exception to the rule, which explains why the guarantees, exclusions and other terms and conditions vary according to the contracts and companies. We can however trace some important principles to know ones rights better.

In principle, household comprehensive insurance policies include legal liability, which covers the contract holder and the persons or properties under their ward or responsibility, as well as all of the occupants in the concerned dwelling. In case of damage to a third party; this party shall be compensated by the insurer for the damage suffered.

In particular, this guarantee covers:

• The risks linked to private life: a third party is hurt because of the contract holder, a pet, a child, a house employee…
  In principle voluntarily caused damage is excluded, except if caused by minors or employees.
• The risks linked to the ownership of a building (an its appendages): a third party falls victim to damage done by water, a hostile fire, broken glass, a falling tile, etc.
• The risks linked to tenancy: the tenant is responsible for a disaster or event, which damages the rented dwelling or causes damage to a neighbour or third party (hostile fire, damage done by water, etc.).
• The tenant is required by law to subscribe to a legal liability insurance contract "risks linked to tenancy". The non-respect of this obligation can lead to the rescission of the lease.
• The victim of bodily injury or material damage is compensated directly by the person responsible’s insurer.

Except if mentioned to the contrary, the insured, the persons living under the insured’s roof and next of kin are generally excluded: the compensation is only paid out to third parties.

Household comprehensive insurance equally covers damage caused to buildings, (including appendages and appurtenances) to furniture found inside the dwelling, (be they or not the insured person’s property) to different fixtures and fittings (carpet, etc.).

The guarantee does not cover cash.

Valuable objects (jewellery, paintings, etc.), which are not subject to a specific guarantee are insured for a layer of the total value of the furniture. Example: your furniture is insured for a value of 100 with a rate of 20% for the precious objects. The maximum benefit for the damaged precious objects will be 20.

The guarantee covers the basic risks: hostile fire (as well as storms and natural catastrophes), damage caused by water, explosions, freezing, broken glass and theft. Numerous contracts also include other additional guarantees: the insured can also receive a supplementary benefit to pay indirect costs caused by another event (the cost of a temporary dwelling, the loss of rents, etc.).

According to the case, the guarantee can also be extended to damage, which occurs at the place where a holiday is being spent (the renting of a villa, etc.).

The insurance declaration for a disaster or event must be sent by the insured to the insurer by registered letter with an acknowledgement of receipt, in the five days following the date on which the insured became aware of the event or disaster in question.

This deadline is extended to ten days after a ministerial order has been delivered, decreeing that a natural catastrophe has occurred.

The insured must then transmit as quickly as possible an estimation of the damages accompanied by the relevant documentary evidence (bills, photographs, estimates, etc.). If the insured contests the amount or if this amount is a lot, two experts can be mandated (and paid) by the two parties.

In the case of disaccord between the two experts, a third expert is mandated through common agreement to have a final decision.

As in the case of car insurance, household comprehensive insurance generally makes provision for a deductible amount, which has to be paid by the insured and of which the amount varies depending on the contract. 
This deductible amount is fixed legally at €380 for the natural catastrophe guarantee.
Except if there is a clause to the contrary in the contract, objects of furniture are reimbursed according to their replacement value, having had their depreciation deducted. In this way the insured benefits from an amount of money, which in principle should allow them to purchase a replacement of the same nature, but this sum of money is reduced following a factor, which is in function of the age of the object in question.
For buildings the procedure to follow is different: compensation is paid, based on their value as their being new.  No factor of depreciation is in principle applied if the insured commits themself to rebuild the property or repair all of the damage in the two years following the disaster. If this were not the case, the cost of depreciation is deducted from the value of the building on the day when the disaster happened.
Certain contracts equally include a guarantee ceiling: the compensation can not go above this ceiling amount stipulated in the household comprehensive insurance contract.
However, it must be specified that these rules for estimating value, only apply when a third party has not been identified and judged as having been responsible for the disaster. When the responsibility of a third party has been established, the insured receives from the insurer, the compensation as stated in the contract, but can then turn against the third party or that party’s insurer to receive compensation for the cost of the damage not covered by their own insurer. So the insured shall not have to pay for the difference between the ceiling and the real cost or the deductible amount or other costs excluded by their own contract.
The law does set a deadline by which compensation for a natural catastrophe must be paid: three months as of the detailed estimate having been sent or a ministerial order being decreed, if it was posterior to the sending of the estimate.
In any case, if a significant delay causes damage, you can try to obtain an indemnity in the courts.

In leases subject to the law of July 6th 1989, the lessor can only recuperate a dwelling under very strict conditions.
General principles and advance notice.

The owner can not give a tenant notice except after the lease expires and giving on average six months advance notice to the day before the lease expires.

The notice must be given by Bailiff’s act or a registered letter with an acknowledgement of reception.

In the aforementioned case, it begins on the day of the actual reception and not its first presentation. If the letter comes back with "unclaimed", written on it the lessor has to proceed with a new notification.

If the advance notice is not respected, the lease is renewed automatically.

When the notice comes prematurely, the advance notice begins on the legal date corresponding to the six months required.

The notice must be signalled to all holders of the lease.

Notice must be given separately to the two consorts or spouses who are signatories of a "Pacs", even if only one is a signatory of the lease. Except if the existence of a  "Pacsé" consort or spouse has not been made known to the lessor.    
The Tenant can leave the premises at any time during the duration of the notice and only paying rent for the period of occupation in question.

The owner can give notice to sell the dwelling, but the tenant disposes of the right of pre-emption.

The right of pre-emption does not come into play when the sale takes place while the lease is running its course without the owner giving notice, except if it is a matter of the first sale following the placing of the dwelling under co-ownership.

An owner, who does not succeed in selling the property after the tenant’s departure, has the right to relet. No minimum deadline is imposed, but the tenant can take the matter to the courts if they feel that they have been victim to a dishonest manoeuvre.

The notice served on the tenant must mention the asking price and the conditions of sale.

In particular, it must mention the conditions of payment for the asking price and reproduce the first five paragraphs of article 15-2 of the law dating form July 6 1989 (cf. official texts). Otherwise, a nullity for having a flaw can be judged by the courts.

The tenant can become a potential buyer according to the conditions defined in the notice.

They dispose of a two-month deadline, as of the beginning of the legal advance notice to make known their intentions. Silence implies a refusal on their part.

The right of pre-emption does not come into effect when the owner sells the dwelling to a parent, up to the third degree of kinship. The parent in question must occupy the dwelling for at least two years, as of the ending of the precedent lease.

If they become a potential buyer, the tenant must sign the act within the two months following their acceptation of said act.

This deadline is extended to four months if the tenant has applied for a loan. The tenancy contract is extended until the date on which the sale has been made.

If the sale is not made within the given time, the contract stops in accordance with the law. Except if the owner is responsible for the sale not going ahead (absence for the signing etc.).

When the dwelling is proposed to a third party with more favourable conditions than those stipulated in the initial notice, the tenant benefits from a second right of pre-emption.

The seller, or in the absence thereof, the notary, must inform the previous tenant of these more favourable conditions. The tenant disposes of one month to take the place of the buyer. The deadlines for the sale to be made are identical to those stipulated above.

The owner can serve notice in order to live in the dwelling as a main place of residence or to lodge a close parent.

This possibility applies to owners physical persons (including in indivision) and the real estate investment trusts “SCI“ constituted exclusively of parents and affines (up to and including the fourth degree of kinship) to lodge a partner.

The notice must mention the name and address of the beneficiary of the repossession who can only be the owner, their spouse or common law marriage partner "pacsé", their common law marriage partner (for more than one year) or in-laws in the ascending line or descendants of the parties concerned.

The tenant can take the case to court if they see that the property is unoccupied and consider themself to be victims of false pretences.

The owner can give notice for lawful and bona fide reasons. This motive does not necessarily imply a wrong on the tenant’s part.

Examples: irregular and late rent payment, private nuisance, to redevelop the building, sub-letting with out permission, repossession to exercise a professional activity…

When the tenant is more than 70 years old and their resources are less than one and a half times the Smic “minimum French salary“ the landlord can only serve notice by offering another lodgement at the same time.

The lodgement must correspond to the needs and financial possibilities of the tenant and be situated:

• in the same arrondissement or in the arrondissements or conterminous villages and towns “communes“ if the “commune“ in question is divided up into arrondissements.
• in the same canton or in the conterminous cantons or “communes“, if the “commune“ in question is divided up into cantons.
• in the same “commune“ or conterminous “communes“ (not further than five kilometres away) in the other cases.

The relodgement obligation does not concern landlords who are more than 60 years old or those whose resources do not go above the same ceiling.

The resources in question (from the last calendar year) are taken into account on the date the notice is served and the age is taken into account on the ending of the lease deadline date.

Whilst the landlord can only serve notice in certain precise cases; the tenant can cancel their lease at any moment without having to give grounds for their decision.

The notice must be given by bailiff’s act or a registered letter with an acknowledgement of reception.

It must be given by the two spouses if the lodgement is occupied by a married couple or by two common law « Pacs » signatories.

The tenant can give notice at any moment during the term of the lease giving advance notice of three months to the day.

Once the notice has been given, the tenant can not retract their decision except with the agreement of the landlord. If the tenant remains in the premises after the advance notice has expired, they can legally be evicted.

In certain cases, the advance notice is reduced to one month.

1. When the tenant involuntarily loses their job, that is to say they are made redundant.

This case therefore excludes voluntary changes in the professional activity, going on retirement and resigning. A recent judgment by the supreme court of appeal granted a reduction to the advance notice required for those ending fixed term work contracts “CDD“ (8/12/99), while this case was until now excluded. This right to give less advance notice is not granted either to non-employees who stop their activities (Supreme court of appeal 16/3/94).

2. When the tenant is transferred for professional reasons (here again, that which only concerns, employees).

No condition of remoteness is required. Likewise, the transfer can perfectly have been requested by the employee themself.

3. When the tenant finds their first job or a new one after having lost one.

4. When the tenant is receiving “RMI“ unemployment benefit.

They must officially benefit from this unemployment benefit. So it is not simply based on a condition of resources.

5. When the tenant is over 60 years old and that their condition of health requires that they move quickly.
The consorts and common law “Pacs“ signatories being legally joint holders of the lease. It is sufficient that one of them meets the above conditions for the advance notice to be reduced to one month.

To find a new tenant, the landlord must naturally have access to the dwelling. The conditions for the access are put in the lease agreement and limited to two hours a day, except Sundays and bank holidays. The landlord must have permission from the tenant to enter the premises in their absence.

The tenant must pay the rent to the day until the advance notice expires, even if they leave the premises before this date. The joint signatories to the lease agreement— especially the spouse—are obliged to pay the rent, solidarily.

A schedule of condition/dilapidation must be done before the handing back of keys. In principle, the tenant must have carried out all necessary repairs, which are incumbent upon them and hand over the premises in a good state. To avoid disputes, it is therefore in their own interest to carry through a cleaning of the floors and walls themself. The possible wear and tear is the responsibility of the tenant, but not as the consequences of depreciation.

Example: A landlord can thus not make the tenant replace a carpet in a dwelling that has been rented for about fifteen years. However the tenant can be liable for paying a part of the costs caused by stains or holes in the carpet. The possible disputes are judged before the sheriff’s court/small claims court.

Since the 31/01/2008, the security deposit may not be equivalent to more than one month’s rent.

The tenant must recuperate the security deposit within a maximum of two months after the handing back of keys. Beyond this time frame, interest is charged at 2?05% (legal rate in 2005) on the owed sums.

The landlord may take from the security deposit, the costs of restoring the premises to its state at the signing of the lease (tenancy agreement) and any other unpaid sums (late rent, etc.).

The landlord may request proof of payment of the habitation tax (taxe d'habitation) insofar as their being solidarily responsable for the payment of this tax.

The tenant must never refuse to pay the last month’s rent, hence leaving the security deposit with the landlord. In case of disputes they must go to the sheriff’s court/small claims court, which could for example, order an expertise of the premises to evaluate the cost of setting it to rights.

Tenant’s administrative matters: contact information for EDF/GDF, CAF, France Télécom, boiler maintenance, removal people.