Legal notices in real estate advertisements by agents:
deciphering and implications
When browsing online real estate listings, especially those published by agent networks, one recurring mention catches the eye:
"This real estate advertisement was written under the editorial responsibility of Mr. or Mrs. X, independent real estate agent (without holding funds), sales agent of the Y network, registered with the RSAC of Z under number XX, holder of the real estate canvassing card on behalf of company Y."
This type of text raises questions for sellers, buyers and even professionals: why do such details appear in the description of the property , when it should be devoted solely to the enhancement of the property (surface area, amenities, location, photos, etc.)?
This article aims to decipher these mentions, explain their origin, their usefulness (or uselessness), and analyze their impact on customer perception.
🏡 Mandatory information and legal responsibilities in real estate advertisements by network agents
🎯 Legal notices for agent advertisements: lighting
Why do real estate agents' advertisements contain these legal disclaimers? Analysis of the legal framework and responsibilities in real estate.
Introduction: a phenomenon that raises questions
For several years now, anyone browsing real estate listings online has noticed a recurring feature in ads published by networks of independent agents: the familiar phrase "Ad written under the editorial responsibility of…" , followed by the name of the independent agent. This formula, absent from ads published by traditional real estate agencies, has become standard practice in the world of networks.
This observation immediately raises several questions. Why do these disclaimers appear almost systematically? Is it a legal obligation imposed by French regulations, or a precaution taken by the networks to protect themselves? What role does the independent real estate agent actually play in the chain of editorial responsibility, and how is this practice perceived by sellers and buyers?
The question is not insignificant. A real estate advertisement must first and foremost showcase a property and convey clear information to the prospective buyer. Adding legal disclaimers, sometimes perceived as cumbersome or superfluous, can obscure the initial message. On the one hand, some see them as a sign of transparency and professionalism. On the other, many believe these disclaimers add no value to the advertisement itself and question the actual liability.
The objective of this article is therefore threefold: to analyze the legal framework governing the dissemination of real estate advertisements in France, to explain why and how these statements have been put in place by networks of agents, and finally to explore their practical and psychological impact, both for professionals and for individuals.
2. Real estate advertisements: legal framework in France
The distribution of real estate advertisements in France is not simply a marketing exercise: it is strictly regulated by law. The aim is twofold: to protect the consumer (buyer or tenant) by guaranteeing clear, fair, and non-misleading information, and to hold the professionals who publish these advertisements accountable.
2.1. Reference texts
Several texts structure this legal framework:
The Hoguet Law (1970) and its implementing decree (1972) establish the conditions for practicing the real estate profession. Only holders of a professional license can legally engage in real estate transactions or management.
The Consumer Code , which prohibits any misleading commercial practice and requires clear and precise information.
The ALUR law (2014) , which strengthened the obligations to display fees and legal information in advertisements.
Thus, every advertisement must indicate mandatory elements: sale price, nature of fees, energy performance diagnosis (DPE), living area (for certain properties), and, in the context of rental, the amount of the security deposit and charges.
2.2. The question of editorial responsibility
One crucial point is often misunderstood: the advertisement is never the personal responsibility of the negotiator or agent , but rather that of the holder of the professional license . Indeed, the sales agent (whether working for a traditional agency or a network of agents) acts solely in the name and on behalf of the license holder.
In other words, in the event of a false, incomplete, or misleading advertisement, it is the holder of the professional card who will be held accountable, not the agent. While the agent remains responsible for their actions towards the network or agency (commercial contract), legally, with regard to the client and the authorities (such as the DGCCRF), the ultimate responsibility rests with the cardholder.
2.3. The obligations of commercial agents and representatives
Independent real estate agents must be registered with the RSAC (Special Register of Commercial Agents) and hold a collaborator's certificate issued by the Chamber of Commerce and Industry (CCI) in the name of the network that mandates them. They may not hold funds or draft legally binding documents (such as a preliminary sales agreement). Their role is limited to prospecting, presenting properties and offers, and assisting clients.
2.4. The practice of using the phrase "under the editorial responsibility of…"
So why do we see this mention in network advertisements? Legally, there's no requirement for the agent to appear as "editorial manager." This practice is more about transparency or internal network communication , designed to highlight the advisor's name as the client's identified point of contact. But in reality, it creates ambiguity by suggesting that the responsibility for the advertisement lies with the sales agent, whereas the law clearly designates the cardholder.
3. Why do these mentions appear mainly in agent networks?
The phrase "Advertisement written under the editorial responsibility of…" appears almost systematically in advertisements published by real estate agent networks. Yet, it is rare, or even absent, in advertisements published by traditional agencies. This difference raises questions: why such a discrepancy in practices?
3.1. The structure of agent networks
Agent networks operate differently from traditional agencies. They are based on a decentralized model:
The network headquarters holds the professional license and ensures the legal framework.
Independent agents , registered with the RSAC, carry out their commercial activity as commercial agents, without being employees or partners of the company holding the card.
These independent agents are scattered across the country, often without physical offices. To give each agent visibility and reassure clients, the networks have adopted the practice of clearly indicating the name of the agent associated with the advertisement. The phrase "editorial responsibility" is then used as a tool for personalization and identification.
3.2. A logic of communication rather than legality
In practice, this statement doesn't change the legal framework: the legal responsibility for the advertisement remains with the holder of the professional card . But from a marketing perspective, the networks want to:
To enhance the value of their agents by giving them individual visibility, almost as if they were "their own agency".
Create a direct link between the client and the advisor, establishing a close relationship.
To stand out from traditional agencies , often perceived as impersonal, by highlighting the face and name of the local advisor.
In other words, it is a choice of internal communication within the networks, and not a legal obligation.
3.3. A source of confusion for customers
This practice is not without consequences. For an uninformed customer, the phrase "under the editorial responsibility of…" can be misleading:
It suggests that the agent is legally responsible for the advertisement, when in fact he does not have this legal power.
It can create a false impression of autonomy, as if each advisor were independent of their network, which is not the case.
It can complicate recourse in the event of a dispute: a dissatisfied buyer or seller might believe that they should turn to the agent, whereas only the company holding the card can be held liable.
3.4. Almost exclusive use on networks
Traditional agencies don't use this designation because they don't feel the need to. In a typical agency, listings are published under the agency's name (which holds the professional license). Salaried negotiators or sales agents appear as contacts, but are not presented as "editorial managers.".
The contrast therefore stems from the strategy of agent networks, which seek to balance two contradictory imperatives:
Legal centralisation (the professional card is unique, at headquarters).
Displayed commercial autonomy (each agent is highlighted as their own local representative).
3.5. A controversial practice?
Some legal experts and professionals believe that this statement creates a damaging ambiguity, as it blurs the line between legal liability and commercial communication. While not illegal per se, it could be considered a source of confusion under consumer law, which requires fair and transparent information.
4. The practical and legal implications of the designation
The appearance of the phrase "Advertisement written under the editorial responsibility of…" is not insignificant. It raises several issues relating to the clarity of information given to consumers , the legal responsibility of professionals, and the credibility of the real estate sector .
4.1. For customers: transparency or confusion?
From the perspective of buyers or sellers, the mention can be perceived in two ways:
As a guarantee of clarity : the name of the agent is visible, the client knows who they are dealing with and can easily identify their interlocutor.
A common source of confusion is that most people are unaware of the distinction between a licensed real estate agent and a commercial agent acting on their behalf. Many mistakenly believe that the agency itself is the agent and assumes direct legal responsibility.
In the event of a dispute, this ambiguity can become problematic: a client could turn to the agent when only the company holding the card is legally responsible for the advertisements published.
4.2. For agents: increased visibility but unclear responsibility
This designation has advantages for agents:
It highlights their name and professional identity , strengthening their local reputation.
She gives them the image of an independent professional, autonomous in her communication.
But it also has drawbacks:
This can give the impression that they assume editorial or legal responsibility that they do not legally have. In reality, an agent is merely an intermediary, a commercial representative of the cardholder.
It can expose agents to direct criticism from dissatisfied clients, even though they are not legally decision-makers.
4.3. For social networks: a marketing tool but a risk of ambiguity
For networks of agents, the objective of this practice is clear: to give each advisor a strong identity while maintaining a centralized legal structure. This allows them to:
Building loyalty among agents , who feel valued.
Reassure customers by displaying a human and personalized point of contact.
Increase the visibility of the network , because each agent becomes a potential entry point.
But this strategy has a downside:
It can be perceived as misleading , because it suggests a transfer of responsibility that does not legally exist.
It could eventually attract the attention of regulators (DGCCRF, CNIL, etc.) if the wording is deemed likely to mislead consumers.
4.4. The legal framework recalled
The Hoguet law (1970) and its implementing decree clearly define who is responsible:
Only the holder of the professional card can carry out real estate transactions and assume responsibility for them.
Independent agents are registered as commercial agents with the RSAC and do not have an independent legal existence in the contractual relationship with clients.
Thus, even if the mention highlights the name of an agent, it is still the cardholder who remains legally responsible for the content of the advertisements .
4.5. Image is a matter for the entire sector
Beyond the strictly legal aspect, the use of this term raises a question of credibility. The real estate market already sometimes suffers from a blurred image, with the coexistence of traditional agencies, networks of independent agents, and hybrid players. Adding ambiguous wording can exacerbate the feeling of opacity for the general public.
Some professionals are therefore advocating for a clarification of practices :
Either by removing this statement deemed misleading.
Either by replacing it with a more transparent formula, reminding people that the agent is a commercial intermediary of the network holding the card.
5. Perceptions and criticisms within the profession
The phrase "Advertisement written under the editorial responsibility of…" has not gone unnoticed in the real estate world. Reactions are mixed traditional agencies , networks of independent agents , lawyers , and clients
5.1. Traditional agencies: a palpable irritation
Traditional real estate agencies, which hold the professional license, often see this mention as a form of unfair competition .
They remind us that they are the ones who actually assume the legal responsibility for the advertisements, with all the regulatory obligations that follow (financial guarantee, professional liability insurance, record keeping, etc.).
For them, highlighting the name of an agent as if they had an independent editorial role amounts to blurring the lines . This confuses the client, who may believe that an agent is equivalent to a real estate agent.
Many agencies therefore consider that this formulation contributes to a leveling down of the profession , by maintaining the confusion between legal status and operational role.
5.2. Agent networks: a tool for value creation
Conversely, large networks of agents defend this practice.
For them, displaying the advisor's name is a way to personalize the customer relationship . Rather than an abstract entity, the buyer or seller has an identified contact person .
This designation also becomes a powerful marketing tool : each agent builds a personal image, while remaining under the legal umbrella of the network.
Finally, they believe that this fosters loyalty among the agents , who feel recognized as true actors and not mere executors.
According to their statement, the aim is not to deceive the consumer, but to clearly display who wrote the advertisement, without calling into question the legal responsibility of the network.
5.3. The representatives: between pride and concern
Among the agents themselves, the perception is ambivalent.
Positive : their name appears consistently, which strengthens their local visibility and personal reputation . This also facilitates the development of a client portfolio.
On the downside , some fear being perceived as directly responsible , particularly in the event of a dispute or error in an advertisement. However, legally, they have neither the card nor the authority to sign on behalf of the network.
Some experienced agents see it as a double-edged sword : a powerful communication tool, but one that also exposes them to expectations and criticisms that they cannot always meet.
5.4. Legal experts and regulators: increased vigilance
Lawyers specializing in real estate law and consumer law point to a legal risk .
This statement can be analyzed as misleading , because it suggests that the agent assumes independent editorial responsibility.
However, the Hoguet law and case law are clear: only the cardholder is responsible.
The DGCCRF (French Directorate General for Competition Policy, Consumer Affairs and Fraud Control) could eventually investigate this practice if it deems it misleading to consumers . Some professionals even fear mandatory legal clarification , which would put an end to this type of wording.
5.5. The impact on the image of the profession
Ultimately, this statement crystallizes a broader debate:
Should real estate communication be modernized by putting more emphasis on advisors, as the networks would like?
Or should we instead preserve clarity and legal rigor , as traditional agencies demand?
This divergence reveals a fundamental tension in the French real estate sector: on one side, the search for flexibility and personalization ; on the other, the demand for security and transparency .
Many fear that the proliferation of ambiguous terms will weaken the image of the profession in the eyes of the general public, who above all demand simplicity and trust.
6. Future prospects and recommendations
The phrase "Advertisement written under the editorial responsibility of…" raises numerous questions. It highlights a discrepancy between the legal reality , as defined by the Hoguet Law, and the business practices of agent networks. The future of this wording may require clarification from both industry professionals and regulatory authorities.
6.1. A necessary legal clarification
To date, the Hoguet Law clearly establishes that the responsibility for advertisements lies with the holder of the professional card . However, the current wording suggests that the agent is himself responsible for drafting and distributing the advertisement.
A legislative or regulatory change could explicitly prohibit this type of ambiguous wording.
Failing that, an official reminder from the DGCCRF or the National Council for Real Estate Transactions and Management (CNTGI) could clarify the rules for presenting legal information on advertisements.
One approach would be to impose a standardized label, for example:
"Advertisement published on behalf of [Name of professional card holder], written by [Name of agent], independent sales agent."
This would clearly distinguish the legal responsibility from the editorial role.
6.2. Agent networks: towards greater transparency
To remain credible and avoid any legal risk, networks would benefit from adopting an internal communication charter .
This charter could establish a framework for how announcements should be signed and presented.
By giving consumers more transparency, networks would gain trust and legitimacy .
They could also support their agents with legal and marketing training to raise their awareness of the limitations of their status.
In practice, it is not about restricting the visibility of agents, but about avoiding confusion between commercial role and legal responsibility.
6.3. Traditional agencies: an opportunity for education
Traditional agencies can turn this situation into an advantage.
They have a clear advantage: their legally recognised status and their direct responsibility .
By emphasizing this security to sellers and buyers ("Your ad is guaranteed by an agency holding a professional license"), they can differentiate themselves from networks.
They can also use this controversy to reinforce their image of professionalism and seriousness .
In other words, rather than simply denouncing the practice, traditional agencies could use it as a positive marketing argument .
6.4. For customers: a requirement for clarity
From the consumer's perspective, the issue is simple: knowing who to contact in case of a problem .
If an advertisement contains an error, who is responsible: the agent or the network?
If a buyer feels cheated, who should they sue: the advisor or the cardholder?
Greater transparency on these points would strengthen confidence in the real estate market , which is already sometimes criticized for its opacity.
6.5. Towards a peaceful coexistence?
In the long term, this statement will likely evolve into a more balanced formulation , allowing for both:
to enhance the value of the agent's work (a field actor, close to the client),
to remind the agency or network of its legal responsibility (guarantor of compliance with the law).
This cohabitation, if well managed, could lead to clearer communication, beneficial for the entire profession.
🔎 Summary: the phrase "under the editorial responsibility of" in advertisements from agent networks
For the past few years, a particular formulation has regularly appeared in advertisements published by agent networks:
👉 “Advertisement written under the editorial responsibility of…”
While it may seem innocuous, this statement actually raises legal and perceptual questions. The Hoguet Law stipulates that the legal responsibility for an advertisement lies with the holder of the professional license, not with the agent, who remains an independent commercial agent. However, this wording implies that the agent assumes editorial responsibility that they do not legally possess.
🎯 Why this practice?
It pursues two main objectives:
Enhancing the role of the agent with the client
Create an image of approachability and personalization
⚖️ The stakes:
Legal: ensuring liability in accordance with the law
Operational: to frame the communication practices of the networks
Marketing: Differentiating oneself from traditional agencies
🔄 What's next?
Clarification is needed. Whether it comes through regulatory changes or an internal charter for networks, the objective remains the same: ➡️ to guarantee transparency, protect sellers and buyers, and strengthen trust in the real estate profession.
Also read:
3-4% Commission: A Trap for Luxury Real Estate
Real estate agents and representatives: legal responsibilities
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