Requesting an Identity Document from a Prospective Buyer: A Legal Obligation in the Service of Professionalism

In the context of real estate transactions, requesting identification from a prospective buyer is often perceived as an administrative constraint. However, this legal obligation, although framed by rigorous texts such as article L. 561-5 of the Monetary and Financial Code, can become a powerful tool to strengthen the professionalism of real estate agents. By adopting a clear and proactive approach, professionals can turn this constraint into a competitive advantage and build customer trust.

1. Legal Constraint: An Indispensable Obligation

has. The Fight Against Money Laundering and Terrorism Financing (LCB-FT)

The identification and verification of the identity of buyers is part of the Tracfin regulations, put in place to combat money laundering and the financing of terrorism. This obligation imposes:

• Verification of valid identity documents (passport, national identity card).
• The retention of data for at least five years, in compliance with the requirements of the Monetary and Financial Code.

b. Sanctions for Non-Compliance

Failure to comply with these obligations may result in heavy sanctions, including a ban on practicing or withdrawal of your professional card. In 2018, 70% of sanctions handed down by the National Sanctions Commission concerned real estate agents, highlighting the importance of this requirement.

2. Transform Legal Constraint into a Tool of Professionalism

Rather than perceiving this obligation as a barrier, real estate agents can use it to assert their seriousness and their commitment to security and transparency.

has. Affirm a Professional Attitude

Asking for identification, without apologizing, demonstrates a rigorous professional approach. It is essential to explain to prospects that:

• Trust does not exclude control : Ensuring the security of the goods visited is a priority.
• A systematic verification is a guarantee of seriousness : This proves that the agency follows the best practices in the sector.

b. Using the Law to Gain Trust

By explaining that this request complies with legal obligations and aims to protect all parties, agents can reassure prospects. Here is how to approach this process:

• When making an appointment , ask the buyer to bring proof of identity, without the need for an in-depth explanation.
• If the prospect expresses doubts, explain that this approach is common and that it guarantees the safety of visits.
• Put it in the seller's shoes : "If this were your house, would you want strangers to be able to visit it unchecked?" »

c. Practical Case: The Lesson of Experience

During training, real estate agents shared that they systematically ask for identification since a property was burglarized after a visit. The police then asked them for the identities of the visitors, but without this information, the investigation was complicated. This experience highlights the importance of identification.

3. Identity Verification: A Guarantee of Commercial Effectiveness

has. For Buyers: Ensuring the Safety of Visits

Requesting identification ensures the safety of owners and property. This also helps filter serious visitors, which limits unnecessary visits.

b. For Sellers: Ensuring the Legality and Effectiveness of the Transaction

When taking out a mandate, verifying the identity of the seller is essential to ensure that he or she is the owner of the property. This also helps secure the transaction and avoid subsequent disputes.

c. A Coherent Approach

Adopting a systematic identification policy for buyers and sellers shows consistency in the approach and reassures both parties of the seriousness of the agency.

4. Best Practices for Professionals

has. Data Collection and GDPR Compliance

The personal data collected must be protected in accordance with the General Data Protection Regulation (GDPR):

• Inform the prospect of the reasons for the collection and the duration of the data retention.
• Ensure data security by using secure systems.

b. Transparent Communication

Adopting clear communication from the start of the relationship is essential to building trust. Provide an explanatory note detailing:

• The legal obligations of the agency.
• The purpose of data collection.

c. Alternative: Visual Verification

In some cases, a simple visual check of the ID may be sufficient. This helps reassure prospects while respecting legal requirements.

5. Conclusion: Making Compliance with Obligations an Asset

Compliance with legal obligations linked to the identification of prospects and sellers is much more than an administrative constraint. It is a powerful tool to strengthen the professionalism of real estate agents, inspire confidence and guarantee the security of transactions. By adopting a proactive, transparent and rigorous approach, agencies can position themselves as trusted third parties and promote their expertise in a competitive sector.

Display your professionalism by respecting legal obligations: this is how you will gain the trust of your customers and consolidate your reputation for excellence.

Legal constraint

Article L 561-5 of the Monetary and Financial Code imposes the obligation of identification and verification of the identity of the client. Articles R561-5 and R561-5-1 of the same Code indicate the information to be verified for individuals and companies. This legal obligation is part of the so-called Tracfin regulation which fights against money laundering and the financing of terrorism.

“Display your professionalism”, Me Caroline Dubuis Talayrach, lawyer

Follow “ ProprietesDeCharme.com ” on YouTube but also on Facebook Twitter LinkedIn Instagram Pinterest