Can real estate agents sell their own property?

A real estate agent can sell their own property, but under strict conditions. Transparency, absence of commission, and adherence to ethical standards are essential to avoid conflicts of interest or sanctions. Whether you hold a T card or are an independent agent, knowing the legal rules and best practices is essential to secure the transaction and protect all parties involved.

Key points to remember

• A real estate agent can sell their own property, but they can never receive a commission for this transaction.
• Transparency is mandatory: the buyer must always be informed of the agent's status as seller.
• Respecting ethical rules and case law protects both the agent and the buyer.
• The use of professional resources (website, client database, marketing materials) is only allowed with authorization and without abuse.
• Entrusting the sale to another agency remains the safest solution to ensure neutrality, security, and efficiency.

Is it legal for a real estate agent to sell their own property?

Yes, a real estate agent can legally sell a property they own.

However, Law No. 70-9 of January 2, 1970 (Hoguet Law), which regulates the activity, specifies that remuneration for a transaction is only possible for properties belonging to others. In other words, an agent cannot receive a commission when selling their own property.

Two statuses should be distinguished:

• T card holder: can manage the sale of their property while respecting transparency and ethical rules.
• Independent agent: must act as a private individual and cannot use professional tools to receive remuneration.

BARNES Bordeaux advice: informing the buyer of your status as seller is essential for a transparent and secure transaction.

Ethics and case law: safeguards to know

Selling a personal property as a real estate agent is strictly regulated by professional ethics. The Decree No. 2015-1090 of August 28, 2015 sets the ethical rules for professionals. The agent must avoid any conflict of interest, particularly when acting as both seller and intermediary. Any concealment can be considered an abusive practice.

Case law is clear: the recent ruling of the Chambéry Court of Appeal on March 12, 2024 (available here) sanctioned receiving a commission for the sale of a personal property. This rule protects both buyers and agents against civil, criminal, or disciplinary sanctions.

BARNES Bordeaux advice: respecting these safeguards strengthens trust and ensures a fair transaction.

Using professional resources to sell your property

A real estate agent may be tempted to use professional tools (website, office window, client database) to sell their own property, but law and ethics impose strict limits.

Activation of certain resources is possible, provided the agent clearly indicates their status as owner and does not receive any commission. Any abusive use may be considered misappropriation (Article 314-1 of the Penal Code), leading to sanctions or sale cancellation.

BARNES Bordeaux advice: transparency and compliance are essential to protect the agent and ensure a reliable transaction.

Best practices for selling your property safely

For a real estate agent, selling their own property safely requires precautions:

• Entrust the sale to another agency: ensures neutrality and legal commission.
• Inform the buyer from the first contact to build trust.
• Use professional resources only legally and without commission.
• Eliminate any ambiguity: never present yourself as just an intermediary and document the sale.
• Consult a legal expert to avoid disputes.

Are you a real estate agent looking to sell your luxury property in Bordeaux or nearby? Beyond strict rules, even for a professional, selling a high-end property can be complex and time-consuming. Do not hesitate to contact our agencies BARNES Bordeaux and BARNES Le Bouscat to manage it successfully.

Our experts in luxury real estate in Bordeaux know the local market perfectly and provide personalized support for a fast, transparent, and secure transaction.

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