Property negotiation

A crucial phase in your property project.

The conditions for property negotiations.

A property negotiation is the stage at which an owner/landlord and a buyer/tenant enter into discussions to reach agreement on the terms of a property transaction, whether buying/selling or renting.

Prior to negotiation, the potential tenant or buyer will be asked to submit an offer (purchase proposal, letter of interest, law, etc.) setting out the conditions that have been accepted and those that need to be improved. In the case of a rental transaction, this offer should be supplemented by a full presentation of the company, to enable the lessor to fully appreciate the quality of the prospective lessee's signature.

It is at this stage that the parties enter into negotiations, usually assisted by their real estate advisers, not only agents but also lawyers and notaries.

Why use a third party to negotiate?

Negotiation intermediaries play an essential, expert role in protecting their clients' interests. Real estate negotiations are technical and go far beyond a simple agreement on price or rent.

In the case of a lease, all the conditions of the lease will be discussed, such as the accompanying measures (free rent, lessor's participation in the works), the timetable for the operation, all the possible costs and rebilling (indexation, rental charges, maintenance and works costs, etc.), as well as the determination of responsibilities throughout the occupancy and on leaving (early termination, finding a successor, refurbishment works, etc.). Lawyers play an essential role in ensuring that the improvements obtained are perfectly drafted.

In the case of a purchase, the conditions are negotiated before the promise to sell is signed. Accompanied by a notary, any conditions precedent must be identified and approved by both parties (financing conditions, technical conditions, administrative authorisations, right of substitution, etc.). Negotiation of the promise to purchase also gives the buyer full knowledge of the asset (nature and purpose, certified surface area, diagnostics, energy performance, easements, etc.). The deed of sale is simply a reiteration of the conditions contained in the offer to purchase.

Factory: a user-centred approach.

In France, the same estate agent can act as advisor to both parties in the same property transaction. The agent therefore advises both the owner and the potential tenant or buyer. It is also usual for the agent to receive remuneration from both parties based on the value of the transaction (the higher the rent or sale price, the higher the remuneration).

This practice is incompatible with our vision of consultancy, especially given the stakes involved in a property project. Factory has chosen its camp: that of the users. As a result, we exclusively and fully protect the interests of tenants or purchasers, so that every property negotiation is driven by the search for performance, optimisation and success.