No provision of the Act of 2

Application pratique:

The Cour de cassation decision of 13 May 1998 confirms that an estate agent can lawfully hold a mandate from both seller and buyer for the same transaction and earn commission from each. Sophie must first check if the agent fulfilled all legal formalities under the Hoguet Act (written mandates, clear disclosure of dual representation, commission rates). If these are satisfied, the agent is entitled to both commissions. Sophie should request copies of the mandates and, if in doubt, seek legal advice to verify compliance before making payment.

Application pratique:

Under the principle set by the 1998 Cour de cassation ruling, an agent may act for both parties and claim dual commission if the mandates are valid. Thomas should examine the buyer's mandate he signed: it must be in writing, specify the fee, and ideally mention that the agent may also represent the seller. If the agent complied with Article 6 of the 1970 Act and Article 73 of the 1972 Decree, Thomas cannot recover his payment simply because the agent also earned from the seller. He should ask the agent for proof of proper disclosure and, if unsatisfied, consider mediation or legal advice.

Application pratique:

The 1998 Cour de cassation ruling establishes that dual mandates are permissible, but the agent must still fulfil all legal obligations, including acting impartially. The dissatisfied co-owner should verify that the agent provided full written disclosure of the dual representation to all parties. If the agent failed to disclose or breached the duty of fairness, the commission may be challenged. Gather all correspondence and the mandates, and consult a property lawyer to assess whether the agent's conduct gives grounds to refuse payment or seek damages for any loss.