Real estate intermediation, a new activity for the Commissioners of Justice

A new activity falls within the remit of the Commissioners of Justice: real estate intermediation. These professionals can now offer of real estate mediation and negotiation services in addition to their traditional missions.

The powers of the Commissioner of Justice in the service of real estate law

Already an expert in rental management, the Commissioner of Justice can, with real estate intermediation, bring his legal skills in the field of the sale of goods and meet the growing expectations of clients in terms of advice and legal security of real estate transactions, for individuals and companies.

This new task is in line with his expertise in rental management. Since 2011, they have been able to carry out the activity of administration of immovable property on an ancillary basis. In 2015, their involvement was extended to the property of local and regional authorities, pursuant to a mandate.

According to the July 3, 2024, decree, the Justice Commissioners may carry out the following ancillary activities:

• property administrator;
• real estate broker for the sale of property for which they already administer and negotiate the terms of the real estate transaction;
• insurance agent;
• judicial or treaty mediator;
• qualified professional responsible for the verification and approval of the management accounts of protected majors.

The conditions for the practice of real estate intermediation

The Commissioners of Justice can therefore now carry out this activity in the same way as notaries and lawyers, who are already present by ancillary means on this market initially intended exclusively for estate agents.

But unlike these other professions, its conditions of practice are more restrictive because of intermediation may be exercised only with regard to the sale of immovable property for which it has previously been responsible for administration.

This new mission necessarily requires a training specific and continuous (which covers in particular: real estate trading techniques, the legal specificities of real estate transactions, the latest developments in the real estate market, the regulations in force).

In addition, in order to carry out real estate mediation, the Commissioners of Justice must have informed the regional chamber to which they belong and the Prosecutor General of the Court of Appeal in whose jurisdiction their office is established.