Real estate agents: preventing some of the possible liability actions

Case law specifies the duties of information and counsel in the execution of the rental management mandate.

Real estate agents are due to execute the mandates they hold towards their clients with diligence, and to carefully meet their information and advice obligations toward them.

In order to avoid a possible liability action real estate agents must, in case of difficulties during the execution of the lease, take all the measures in their power within the limits of their mandates to remedy those, but must also keep landlords strictly informed of these difficulties and advise them on the appropriate actions to take.

In a final decision dated September 20th, 2016, the Court of First Instance has brought clarifications on the modalities of implementation of those obligations.

By Sophie Marquet and Eve Ezerzer

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