In France, buying directly from the seller a property an estate agent showed you exposes you to a damages claim if a court finds that you schemed to cut the agent out. The viewing slip you signed (the bon de visite) does not by itself make you owe the commission, but it proves that the agency introduced you to the property.
Quick Answer: After a viewing with a French estate agency, the buyer does not owe the commission just because they signed a viewing slip. However, a buyer who buys directly while hiding the agency or scheming to exclude it may have to compensate the lost commission, according to the French Supreme Court. Safe route: negotiate with the agency and involve a notaire.
This is general information, checked on 31 October 2026, not legal advice: each ruling cited turned on its own facts. A notaire is the French public officer who handles property sales.
When is a French estate agent's commission due?
Estate agents are regulated by the Hoguet law of 2 January 1970 and its decree of 20 July 1972. Three rules decide whether a commission is due:
- A written mandate is required. A mandate (mandat) is the written contract that authorises the agent to act, usually signed by the seller. The agent may not negotiate without one, and every mandate goes into a numbered register (article 72 of the decree).
- The mandate says who pays. It states whether the seller, the buyer or both pay the fee. The amount and the paying party must appear in the parties' agreement, such as the preliminary sale contract (compromis) (article 73 of the decree).
- Nothing is payable before the sale. Article 6 of the law forbids demanding or accepting any money before the transaction is actually concluded and recorded in a single written document containing the parties' commitment.
So you do not owe a commission simply because you viewed a property. A bypass dispute is not handled like an unpaid invoice: the question is whether someone committed a fault.
What does signing a bon de visite mean?
The bon de visite records that the agency showed you a given property on a given date.
- It is not a mandate. According to a note by ANIL (the French national housing information agency) on a Supreme Court ruling of 6 October 1993, viewing slips do not replace the written mandate, the only basis for the agent's fee.
- It is evidence. The same note says viewing slips prove the agent's work. In a dispute, they show that you learned of the property through the agency.
- A promise not to deal directly has limited effect. On 27 April 2004 (no. 01-13.868), a buyer had promised in writing to deal only through the agency for 15 months. The Cour de cassation (France's highest civil court) refused to base payment on that document instead of the mandate. It ruled the same way on 18 February 2015 (no. 14-12.351) for a six-month promise.
Be careful: these rulings do not mean you can bypass the agency safely. They only say the viewing slip alone cannot justify an order to pay. The real risk is liability for fault.
Do exclusivity and non-circumvention clauses bind the buyer?
An exclusivity clause binds the seller, who signed the mandate. Article 78 of the 1972 decree governs exclusivity, penalty clauses, and clauses that make fees payable even if the deal closes without the agent.
| Article 78 rule | What it means in practice |
|---|---|
| Written expressly in the mandate, with a copy given to the seller | A clause missing from the mandate does not apply |
| Printed in very prominent type | A clause hidden in small print can be challenged |
| Capped at the fee stated in the mandate | The penalty cannot exceed the agreed commission |
| Either side may end it after three months, with fifteen days' notice by registered letter | Exclusivity is not open-ended |
The buyer is not a party to the seller's mandate. A non-circumvention promise in a viewing slip therefore does not, by itself, create a commission debt. It can still show that you knew the agent expected to be paid, and courts weigh that knowledge.
What does a buyer risk by bypassing the agent after a viewing?
The main risk is an order to pay damages in tort (liability for harming someone you have no contract with).
- The 2008 principle. In a plenary ruling of 9 May 2008 (no. 07-12.449), the most authoritative bench of the Cour de cassation held that a buyer who does not owe the commission must still compensate the agent when the buyer's wrongful conduct made the agent lose it. The buyers had viewed under a false name, then bought directly at the price of the offer the agency had passed on. They were ordered to pay 110,000 francs, about 16,769 euros.
- The 2026 confirmation. On 7 May 2026, the third civil chamber (no. 24-10.637, published in the official Bulletin) upheld damages against buyers who, after viewing with the agent, bought directly at a lower price. The court relied on several facts: the buyers knew the agent was entitled to a commission, the preliminary contract signed without the agent's knowledge made the buyer responsible for any claims by agencies, and the final deed did not mention the agent.
The rule to remember: the sanction does not come from buying without the agent as such, but from a fault, in practice fraudulent manoeuvres to exclude the agent. Warning signs from these cases: a false identity, hidden contact with the seller, documents signed behind the agency's back, and clauses anticipating a dispute with it. The amount depends on the loss the court accepts in each case.
Which buyer conduct has the French Supreme Court found not to be a fault?
On 6 April 2016 (no. 15-14.631, published in the Bulletin), the Cour de cassation held that a buyer with no contract with the agent who showed the property is not at fault for sending a new offer through another agent the sellers had also instructed. The second agency charged a lower commission.
Competition between instructed agencies is therefore not fraud in itself, provided everything is done openly.
What does the seller risk by selling directly?
The seller signed the mandate, so the seller's risk is mainly contractual.
- Exclusive mandate (mandat exclusif): selling during the exclusivity period without the agency can trigger the penalty clause, within the article 78 limits.
- Simple mandate (mandat simple): the seller can usually still sell privately, but the mandate may make fees payable even if the sale closes without the agent, under the same conditions.
- Fault: according to the ANIL note on the 1993 ruling, damages are possible if the seller or the buyer committed a fault that deprived the agent of the sale.
A seller who agrees to a side arrangement to save the commission therefore takes a risk too. Do not suggest one.
When is buying without the agent legitimate?
Several situations are not a bypass at all. Always keep dated evidence.
- You found the property yourself before any agency viewing. For example, you were already talking to the seller through a private listing. If an agency later offers you the same property, tell the agent straight away.
- The owner listed the property directly. On PAP, France's main private-seller portal, you deal through the listing's own contact channel. Our PAP listing page (in French) explains how to check such a property before a viewing.
- The mandate has ended and you hid nothing. A sale signed just after the mandate ends, with a buyer the agency introduced, can still draw a court's attention to the timeline. Ask the notaire to read the mandate.
- Another professional instructed by the seller presents the property. That is the 2016 situation, provided everything is done openly.
For buying without agency fees in general (simple or exclusive mandates, private sales), read our guide on buying a property without an agency.
What is the safe route if agency fees are a problem?
- Talk to the agent. Say the fees are beyond your budget. The commission is set in the mandate, and the agent may agree to discuss it with the seller.
- Make a clear written offer through the agency. State the price, the fee amount and who pays it. These details must appear in the preliminary contract.
- Involve a notaire early. Show the notaire your viewing slip, your messages and the listing so they can check the mandate and the documents.
- Sign nothing behind the agency's back. A contract signed in secret, or a clause shielding the seller from the agency, matches the facts the court relied on in 2026.
Example: after an agency viewing, you see the same house cheaper in a private listing. Do not contact the seller: tell the agency, then have a notaire confirm the next steps.
Where does FindAddressNow fit in?
FindAddressNow helps you check a property before a viewing. From the link of a compatible French listing, the tool researches the property's address and coordinates, so you can study the street, risks and travel times (start a search). The result is a lead to verify: it does not prove ownership or authority to sell, and it is not permission to contact the seller or the occupants.
If you have already viewed with an agency, knowing the address changes nothing about your legal position. Use it to prepare your decision, and always go through the listing's normal contact channel.
Frequently asked questions
Does signing a bon de visite make me pay the commission?
No, not by itself. The agent's fee rests on the mandate and on the parties' agreement. The slip does prove that the agency introduced you to the property, which matters in a fault-based dispute.
Can I buy directly if the seller suggests it after the viewing?
It is risky. If the sale cuts out the agent who introduced you, the agent can take action against both buyer and seller. Talk to the agency and a notaire before you sign.
How long after the viewing does the risk last?
No fixed period protects the buyer. Courts look at the facts: knowledge of the commission, the timeline, and documents signed in secret.
What if I found the property before the agency viewing?
Gather dated proof of your first contact (messages, screenshots of the listing), tell the agency, then have a notaire review the situation before you make an offer.
Can I use another agency to pay lower fees?
In 2016, the Cour de cassation held that a buyer with no contract with the first agency is not at fault for making an offer through another agency the sellers had instructed. Every case depends on its facts, so have yours checked.
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