Hoguet Act (agent license)
The Hoguet Act (Act no. 70-9 of January 2, 1970) regulates the activity of real-estate intermediation and property management. It requires real-estate agents and property managers to hold a professional license (carte T for transactions, carte G for management), a financial guarantee, and professional liability insurance.
Key points
- The carte T (transactions) is issued by the Chamber of Commerce and renewed every 3 years subject to continuing education requirements.
- The carte G (rental management) is separate from the carte T and requires the same obtaining conditions.
- Operating without a card is a criminal offense punishable by a fine and/or imprisonment.
- The Hoguet Act requires a written mandate before any negotiation or signing on behalf of the client.
- The Alur decree (2014) strengthened continuing-education obligations for card renewal.
Frequently asked questions
Why is the Hoguet Act relevant to a mortgage broker?
A mortgage broker who assists clients in finding properties or works with real-estate agents must be familiar with the Hoguet Act to avoid encroaching on a regulated activity without a professional license. Moreover, many of a broker's referral partners (real-estate agents, sales agents) operate under this law, and understanding their regulatory framework facilitates collaboration.
What is the difference between a real-estate agent and a real-estate sales agent under the Hoguet Act?
A real-estate agent holds the carte T directly and bears professional responsibility for their entire network. A real-estate sales agent has no carte T of their own: they act under the mandate and responsibility of a licensed agent. The sales agent must nonetheless be registered in the Special Register of Commercial Agents (RSAC) and may work with multiple agents.
How did the Alur decree modify the obligations under the Hoguet Act?
The decree of February 18, 2016, issued under the Alur Act (2014), introduced continuing-education requirements for professional card renewal: 42 hours over 3 years, including at least 2 hours of ethics and professional conduct. It also created the CNTGI (National Council for Real-Estate Transactions and Management), a consultative body responsible for the profession's code of ethics.
In practice
A mortgage broker wants to expand into sourcing properties for buyer clients in addition to their financing activity. Legal counsel explains that actively searching for properties on a client's behalf for remuneration falls under the Hoguet Act and requires holding a carte T. The broker instead decides to partner with real-estate agencies that hold their own licenses.
Official sources
- Law no. 70-9 of 2 January 1970 (Hoguet) · Légifrance
- Article L519-1 of the Monetary and Financial Code · Légifrance
- Prudential supervision and resolution authority · ACPR (Banque de France)