The legal notice on a real estate website provides the legal foundation for identifying the publisher, checking their professional authorisation and ensuring that the personal data collected is properly protected. Before signing an agency agreement or responding to an online listing, these few lines—often tucked away in the footer—deserve a careful read.
Professional licence and financial guarantee: two indicators of legitimacy
A real estate agency website must meet more than the requirements that apply to all online publishers. Under the Hoguet Act, real estate professionals must display their professional licence number (a T card for property transactions, or a G card for property management), along with the chamber of commerce and industry that issued it.
The financial guarantee protects funds deposited by clients. The amount and the guarantor’s name must be shown on the website. If this information is missing or unclear, caution is advised: a professional who omits these details may not hold the required authorisation.
Professional liability insurance completes this trio. Its absence from the legal notice does not necessarily mean the agency is uninsured, but it does deprive visitors of a quick way to check. For example, Immo Factory’s legal notice presents these details in a structured format, making them easier for individuals to verify.
Fee schedule on a real estate website: where and how to check it
The fee schedule must be accessible from every listing published on the website. This requirement, which many individuals are unaware of, stems from the decree of 10 January 2017 governing how real estate professionals advertise their prices.
In practice, every property listing (for sale or rent) must include a direct link to the agency’s fee schedule. A website that displays its fees only in the legal notice, without linking to them from its listings, does not meet this requirement.
For buyers and tenants, checking this information helps them anticipate the actual cost of a transaction. Fees are expressed as a percentage of the sale price or as a fixed amount for rentals, and the listing must specify who pays them (the seller or the buyer).
What a compliant listing must include
- The property price, with an explicit breakdown of the fees and who is responsible for paying them
- The habitable floor area (under the Boutin Act for rentals) or the private floor area (under the Carrez Act for units in co-owned properties)
- The energy performance assessment results, including the energy rating and climate rating
- The monthly rent and, where applicable, any additional rent for areas subject to rent controls
Data protection and contact forms: an often-overlooked issue
Submitting a viewing request through an online form means sharing personal data. The website must clearly state the identity of the data controller, the purpose of collecting the data and the user’s rights (access, rectification and erasure).
The CNIL notes that non-essential trackers require the user’s explicit consent. A cookie banner with no reject button, or one that assumes consent simply because the user continues browsing, does not constitute valid consent.
A reputable real estate website therefore keeps its privacy policy separate from its legal notice. The two pages serve distinct purposes: one identifies the publisher and their authorisations, while the other explains how personal data is processed in accordance with the GDPR.
Consumer mediator: a detail you can verify
All professionals must allow their clients to access a consumer mediator free of charge in the event of a dispute. The mediator’s name or business name, contact details and website address must appear on the agency’s website.
Simply stating that “a mediator is available” without providing specific contact details does not meet this requirement. Informed visitors should check that the appointed mediator appears on the official list maintained by the commission responsible for evaluating and overseeing mediation.
Warning signs on a real estate website: spotting compliance issues
Some shortcomings point to inadequate compliance. Having no legal notice page at all is an offence, but partial omissions are more common and harder to spot.
- No reference to the professional licence or the relevant chamber of commerce and industry, making it impossible to verify the authorisation
- A fee schedule that cannot be found from the listings, or one that does not distinguish between sales and rentals
- No cookie policy, or a banner that does not offer the option to reject non-essential trackers
- No named mediator, or a link to a generic address unrelated to a recognised organisation
A legal notice page alone does not confirm that a business is authorised to operate. It provides the details needed for independent verification: licence number, guarantor and insurer. A useful first step is to cross-check this information against the register of the relevant chamber of commerce and industry.
A real estate website that displays all this information clearly and accessibly is not necessarily a guarantee of service quality, but it does meet the minimum transparency requirements set by regulations. It is a basic screening tool, not a seal of trust.
