Real estate rental scams on the internet

Verified 07 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You have responded to a real estate rental ad on the internet and the property does not exist or does not conform to the description? It can be a false rental advertisement or a misleading rental advertisement. These two processes constitute offenses. Regardless of your situation (adult, minor, witness, victim), you can report this type of crimeinfringement. If you are a victim of such acts, you can drop off complaint. We guide you in your efforts.

False announcement

Step-by-step approach

A false property rental advertisement is defined as an offer to rent a property. real estate (house, villa, apartment, etc.) which does not exist or who cannot be rented to the extent that the author of the advertisement is not the owner of the property.

The perpetrator of this offense uses a website of property advertisements or sale/rental between individuals.

It can be a rental offer seasonal or long-term.

There are several things you can do to identify a fake ad, including:

  • Indication of a very low price in relation to the location of the accommodation, its surface area, its standing, etc.
  • Using visible photos in another listing
  • Strange behavior of the owner (for example, he categorically refuses to meet you)
  • Request to send money before signing the lease
  • Request for official documents (e.g. identity card) before visiting the accommodation.

FYI  

The very large online platforms have an obligation to collect information about professionals (e.g. hotel manager) who publish advertisements on their website.

If necessary, they must provide you with this information so that you can hold these professionals accountable.

If you have paid the advertiser a sum of money and the advertiser has some of your banking information, you can contact your bank to file a objection and get a refund. In order to avoid any further flow fraudulent on your bank account, you must act as soon as possible.

How you do this depends on the payment method you used:

If you paid by bank transfer, you can also challenge this transfer to your bank.

If you are victim or witness from a fake real estate rental ad, you can point out online from the platform THESEE: titleContent.

You also have the option of reporting to the host the site on which the ad appears.

Online reporting

You can report online from THESEE: titleContent. This approach is open to adults and minors.

Report a real estate rental scam (false announcement) - THESEE

2 cumulative conditions must be completed before you can report on this online service:

  • You must not have met physically the author of the advertisement fraudulent (relationship only virtual)
  • You must have been asked for a sum of money. IIt is not necessary for a payment and/or a collection to have taken place.

When reporting, you can provide information and evidence in particular:

  • Some of your personal information (surname, first name, address, etc.)
  • Detailed description of the situation (date of announcement, type of property, means of communication with the owner, etc.)
  • Owner information (surname, first name, nickname, gender)
  • Copies of photos sent by the owner
  • Copies of your dealings with the owner
  • Amount requested or paid to the owner.

The reporting is not a complaint. It consists solely in informing the investigation services of theThe offense and to provide them with information to identify the perpetrator.

If you report a false property rental listing, you will not be kept informed of the outcome of your report.

Reporting to the site host

The hosts must put in place reporting mechanisms to alert them to the publication of illegal content on a website or a online platform (example: social networks).

This device must be visible and accessible to all. It allows you to enter:

  • Your contact details (name, first name, email address, etc.)
  • The reasons why you believe the ad is false
  • The precise location of the reported content (e.g. the URL of the site where the ad appeared).

Following your report, the host sends you an acknowledgement of receipt. It must act within a very short time.

If he considers that the content is unlawful, he must immediately :

  • Notify competent authorities (e.g. public prosecutor)
  • Remove it from the Internet or block access.

Hosting providers who do not provide for such a device or who fail to comply with their obligations are subject to criminal penalties.

If you have responded to a fake real estate rental ad on the internet, you can file a complaint against the author of this offer.

In general, your complaint can be filed online.

However, if the conditions are not met, you have the possibility to file a complaint by traveling to the police station or gendarmerie brigade of your choice or by writing to the public prosecutor.

In all cases, the deadline for filing a complaint is 6 years from the date of the last act ofswindle (example: the day of the last money remittance).

Please note

If you don't know the perpetrator, you can file a complaint against X. However, your complaint must be as complete as possible for investigators to identify this person.

Online

You can file a complaint online from the platform THESEE: titleContent.

File a complaint for real estate rental fraud (false announcement) - THESEE

2 cumulative conditions must be completed before you can deposit complaint in this online service:

  • You must not have met with the author of the ad fraudulent (virtual relationship)
  • You must have been asked for a sum of money. So you have to specify the amount claimed. Nevertheless, it is not necessary for a payment and/or a collection to have taken place.

FYI  

If you are a minor, you cannot file a complaint on THESEE: titleContent.

As soon as your complaint is validated by professionals in this online service, you receive a information notice in your personal area “Service-Public.fr”.

This notice gives you information on the follow-up given to your complaint, the assistance you can receive (e.g. assistance from a lawyer) and the means of obtaining compensation.

You are also informed in case of identification and arrest of the perpetrator.

On the spot

To file a complaint, you can:

  • Make a online pre-complaint then go sign it at the police station or the gendarmerie you have chosen. This option will save you time.
  • Go directly to a police station or to the gendarme of your choice.
Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of infringement.

When filing a complaint (or signing the pre-complaint), you are received and heard by the police or gendarmerie. At the end of this interview, you will receive a receipt and a copy of your complaint if you request it.

The filing of a complaint leads to a police investigation that may result in the conviction of the person who posted a false rental advertisement.

If you're a civil party, you can get damages.

Please note

If you're a minor, you can report the facts at the police station or gendarmerie brigade of your choice. If you wish to obtain the author's conviction and compensation, it is necessary to to be a civil party. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

By postal mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Civil status information (your surnames, first names, etc.) and full contact details (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Evidence (example: miscellaneous invoices, screenshot of the ad)
  • Possible desire to constitute yourself civil party.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

One receipt will be given to you as soon as the Public Prosecutor's Office has registered your complaint.

The filing of a complaint leads to an investigation that can result in the conviction of the person who posted a false rental advertisement.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts, in writing, to the public prosecutor. If you wish to obtain the author's conviction and compensation, it is necessary to to be a civil party. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

Following your complaint, the author of a false property rental advertisement can be sued for swindle.

Whether an individual or a real estate agent, he or she may be sentenced by the court correctional court.

The penalties incurred by a natural persons are different from those that a legal person.

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Natural person

The author of a real estate rental ad fraudulent shall be punished by:

  • 5 years in prison
  • €375,000 of fine.

The correctional court may also issue additional penalties such as a prohibition on engaging in the professional activity during which the offense was committed.

Please note

If a person posted a false advertisement but was unable to rent you the property on it, he or she faces the same penalties as if the transaction had been completed. This is called attempted fraud.

Legal person

The author of a real estate rental ad fraudulent shall be liable to a fine of €1,875,000.

He may also be sentenced to additional penalties such as posting the court decision in print or online.

Please note

If a person posted a false advertisement but was unable to rent you the property on it, he or she faces the same penalties as if the transaction had been completed. This is called attempted fraud.

Warning  

When a false advertisement is made by an individual, it is possible to ask for information damages but also:

  • To the site where the ad appeared
  • To the real estate agent who has failed in his duty to provide information; and has not taken measures to prevent the publication of an illegal advertisement.

Misleading advertisement

Step-by-step approach

A misleading real estate rental ad is an offer of seasonal or long-term rental which contains claims, indications or misrepresentation or which may mislead the consumer.

The author of such an advertisement may be sued for deceptive marketing practice provided that:

  • The maneuvers he sets up are intended to encourage rental (example: the owner lies about the number of rooms, promises that there is a swimming pool whereas it is a pool for children, does not say that the housing is located near a motorway, etc.)
  • And that this practice has been carried out or has produced effects in France.

Example :

A couple publishes a real estate ad on the internet to rent their secondary residence. The advertisement states that the accommodation is located in a specific city. After paying the fees, the consumer realizes that the accommodation is located in a small village next to the town indicated in the advertisement. This is a deceptive marketing practice, as the couple, the owner of the dwelling, lied about the exact location of the dwelling. If the consumer had known about that information, he would certainly not have rented the goods.

One list of 22 deceptive marketing practices the most common ones have been established at European level and are also valid in France.

These may include:

  • Giving false information about the property (example: lying about the energy performance diagnosis)
  • To falsely state that the property will be available for a very limited period
  • Falsely state that the rental of the property will not incur any costs other than the cost of rent (e.g. do not include housekeeping costs).

Warning  

This offense may be used only against persons considered to be professionals (example: real estate agent, owner of a furnished dwelling, a seasonal renter).

If you have paid the advertiser a sum of money and the advertiser has some of your banking information, you can contact your bank to file a objection and get a refund. In order to avoid any further flow fraudulent on your bank account, you must act as soon as possible.

How you do this depends on the payment method you used:

If you paid by bank transfer, you can also challenge this transfer to your bank.

Please note

If you have a residential lease or a mobility leaseNo, you can't stop paying the rent. In order to challenge the lease, you have to seize the civil courts.

If you are a victim or witness to a deceptive marketing practice, you can report it to the DGCCRF: titleContent. You also have the option of reporting to the host of the site concerned.

Reporting to DGCCRF

You can make your signaling on the website of Directorate-General for Competition, Consumer Affairs and Fraud Prevention.

This online approach is open adults and minors.

Conso Signal: Report a Problem with a Merchant

You are required to provide:

  • The Internet address (URL) of the target site
  • A detailed description of the facts (supported by supporting documents such as an invoice)
  • Some of your personal information (name, first name, email address).

The DGCCRF: titleContent may order the trader concerned to comply with his obligations or to put an end to the misleading commercial practice. It may also impose penalties on traders who do not comply with its instructions.

FYI  

The DGCCRF: titleContent cannot require the trader to compensate you.

Reporting to the site host

All host must put in place reporting mechanisms to alert them to the publication of an illegal advertisement on a website or a online platform. This device must be visible and accessible to all.

As a victim or witness of content unlawful, you can report using this online service.

Following your report, the host must send you an acknowledgement of receipt, He must act within a very short time.

If it considers the content to be illegal, it must immediately :

  • Notify competent authorities (example: DGCCRF: titleContent)
  • Remove or block access to the illegal ad.

Hosting providers who do not provide for such a device or who fail to comply with their obligations are subject to criminal penalties.

If you are a victim of deceptive marketing practice, you can file a complaint against the trader behind the misleading advertisement (real estate agent, furniture rental company, etc.). To do so, you must go to the police station or gendarmerie of your choice. You can also file a complaint by writing to the public prosecutor.

The deadline for filing a complaint is 6 years from the day on which the deceptiveness became apparent or could be ascertained (e.g. when the tenant realized that the landlord had lied to him about one of the main characteristics of the dwelling).

On the spot

To file a complaint, you have to go to a police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of an offense.

When you file a complaint, you are received and heard by the police or the gendarmerie. At the end of this interview, you will receive a receipt and a copy of your complaint if you request it.

The filing of a complaint leads to a police investigation that may result in the conviction of the person who posted a false rental advertisement.

If you're a civil party, you can get damages.

Please note

If you are a minor, you can report the facts at the police station or gendarmerie brigade of your choice. If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

By postal mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Civil status information (your surnames, first names, etc.) and full contact details (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Evidence (example: miscellaneous invoices, screenshot of the ad)
  • Possible desire to constitute yourself civil party.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

A receipt will be given to you as soon as the Public Prosecutor's Office has registered your complaint.

The filing of a complaint leads to an investigation that may result in the conviction of the recipient of the deceptive marketing practice.

If you constitute yourself civil party, you can get damages.

Please note

If you're a minor, you can report the facts, in writing, to the public prosecutor. If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

Following the filing of a complaint, the author of a misleading property rental advertisement (real estate agent or owner of a dwelling) may be sued for deceptive marketing practice. Then he can be sentenced by the court correctional court.

The penalties incurred by natural persons are not the same as those at risk of legal persons.

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Natural person

Deceptive marketing practices on the Internet are punishable by:

  • 5 years in prison
  • €750,000 fine

The perpetrator may also be sentenced to additional penalties such as the prohibition of the professional activity in the course of which the offense was committed.

Legal person

A person who publishes a misleading real estate rental advertisement is liable to €3.75 million.

It also risks additional penalties including publication of the court decision in the print media or online.

Finally, it may be ordered to pay you damages.

Warning  

Where the misleading advertisement originates with the owner of the dwelling, the owner may be asked to provide damages but also:

  • To the site where the ad appeared
  • To the real estate agent who has failed in his duty to provide information; and has not taken measures to prevent the publication of an illegal advertisement.

Who can help me?

Find who can answer your questions in your region

  • To find out what to do in case of online scams

    Info Scams

    By telephone

     0 805 805 817

    Monday to Friday from 9 am to 6:30 pm.

    Toll-free dial-in number (free from the UK).

  • For information on the various cases of rental fraud on the Internet

    Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)

    If you want to report a difficulty encountered with a merchant

    On the Internet

    You can use the site Conso Signal.

    The DGCCRF and the merchant concerned will be informed of your request.

    By telephone

    0809 540 550

    No surtax number

    Hours of operation:

    • Monday and Tuesday: from 8:30 am to 12:30 pm and from 1:15 pm to 5:15 pm
    • Wednesday: 13:15 to 17:15
    • Thursday: from 8:30 to 12:30
    • Friday: from 8:30 am to 4 pm

    By mail

    DGCCRF - ResponseConso - BP 60 - 34935 Montpellier Cedex 9