Sales mandate : simple, exclusive or semi-exclusive ?

The property sales mandate determines who can sell your property, under what conditions and for how long. Between a non-exclusive, exclusive and semi-exclusive mandate, the key difference lies in your freedom to sell the property yourself, the number of estate agents you can appoint and the termination rules set out in the contract.

Before deciding, ask yourself these questions in this order:

Key points to remember

• A non-exclusive mandate can be entrusted to one or more estate agents and allows you to sell your property yourself.
• An exclusive mandate entrusts the sale to a single agent and you cannot sell the property yourself during the exclusivity period.
• A penalty clause may provide for compensation if you sell to a buyer introduced by the agent, even after the agency agreement has ended, for a period of up to 24 months.
• An exclusive mandate must include an irrevocable period of 3 months and cannot be renewed automatically.

Three packages, three levels of freedom

You can choose between three types of agency agreement: the sole agency agreement (one or more agents, and you can also sell the property yourself), the exclusive agency agreement (one agent only, solely authorised to sell the property) and the semi-exclusive agency agreement (one agent only, but you can find a buyer yourself).

The right choice therefore depends on a simple question: would you like to retain control so that you can sell yourself, or would you prefer to entrust marketing to a single professional for a defined period?

What each mandate really allows

The non-exclusive mandate

With a non-exclusive mandate, the sale can be entrusted to one or more estate agents. You can also sell the property yourself. If several professionals are appointed, only the one who completes the sale receives the fees. You do not have to compensate the other agents.

This mandate is suitable for a seller who wants to retain a great deal of freedom of action. In return, the commitments made with each agency must be carefully monitored, particularly if one of them introduces you to a buyer.

The exclusive mandate

With an exclusive mandate, you entrust the sale to a single estate agent. You cannot sell the property yourself during the exclusivity period. However, you do not have to compensate the agent if they do not complete the sale.

The contract contains an exclusivity clause, written in a very prominent manner. It must specify the actions planned by the estate agent and how they will inform you of the steps taken, at intervals agreed jointly.

The semi-exclusive mandate

A semi-exclusive mandate is based on a single estate agent, like an exclusive mandate, but gives you greater freedom of action. You cannot use another agent.

Two alternatives may be provided for in the contract:

• you remain free to sell privately without paying fees;
• or you must redirect the buyer you found to the estate agent, with reduced fees.

So everything comes down to the wording of the mandate. You need to check precisely what happens if the buyer comes from your personal network.

The information that the contract must contain

Whatever type is chosen, the mandate must be in writing, dated and signed. It is drawn up in 2 original copies, one for the seller and the other for the estate agent.

The contract must state:

• the identity of the seller, known as the principal;
• the identity of the estate agent, known as the agent;
• the purpose of the mandate and the description of the property sold;
• the sale price of the property ;
• the duration of the mandate ;
• the conditions for terminating the contract;
• the agent’s remuneration and the party responsible for paying it, seller or buyer;
• within what framework the estate agent may receive, pay or hand over sums of money, goods, instruments or securities for the transaction;
• the agency’s mandate register entry number on the seller’s copy ;
• the means used by the agent to disseminate their commercial advertisements.

Another clause must be particularly clear: the one giving the estate agent the power to commit you to the proposed transaction. Without it, they cannot execute a deed in your name for the sale.

Term, renewal and termination: the differences to know

The rules are not identical depending on the mandate.

For a simple mandate

The mandate must have a limited duration. It often provides for an initial irrevocable period of 3 months.

It may provide for automatic renewal: the agent must then remind you in writing, between 3 months and 1 month before renewal, that you may choose not to renew it ; without this letter, you may terminate it at any time from the renewal date. You may end it at the end of the initial term, or at any time if it has been renewed, by giving the agent 15 days’ notice by registered letter with acknowledgement of receipt.

For an exclusive mandate

An exclusive mandate must also have a limited duration, but it must include an irrevocable period of 3 months. It cannot be renewed automatically. If you wish to continue with the same professional after it ends, you must sign a new contract, whether exclusive, non-exclusive or semi-exclusive.

Once the three-month period after signing has elapsed, you may terminate it at any time, provided you give the estate agent 15 days’ notice by recorded delivery with acknowledgement of receipt.

For a semi-exclusive mandate

The rules are those of a non-exclusive mandate: a limited duration, most often with an initial irrevocable period of 3 months, possible automatic renewal with the agent giving the same written reminder, and termination at the end of the initial term or, after renewal, at any time, by giving the agent 15 days’ notice by registered letter with acknowledgement of receipt.

The penalty clause: the often-underestimated point

Under all three types of agency agreement, a penalty clause may be included in highly visible type. It enables the estate agent to receive compensation if you sell your property to a buyer they introduced to you.

This clause may remain effective even after the end of the mandate, for a period set out in the contract, up to a maximum of 24 months. The compensation may not exceed the amount of the fees provided for in the mandate.

In practical terms, this clause deserves careful reading if :

• you sign several sole agency agreements;
• you are considering selling to a relative or personal acquaintance;
• you have received several viewings organised by an agent;
• you change package during marketing.

If in doubt about the exact scope of a clause, a notary, ADIL or solicitor can usefully review the contract.

How to choose between sole, exclusive and semi-exclusive management

The choice depends less on a “better” mandate than on the way you sell.

• The non-exclusive mandate is suitable if you want to retain the ability to sell the property yourself and, if you wish, instruct several professionals.
• The sole-agency mandate is suitable if you agree that only one agent may sell the property and want a framework in which the planned actions and report are formalised in an exclusivity clause.
• The semi-exclusive mandate is suitable if you want a single professional contact while retaining the possibility of finding the buyer yourself, in accordance with the conditions set out in the contract.

For an owner of a country house, longère, thatched cottage or flat on the Alabaster Coast, the key is therefore to align the instruction with your actual strategy. Cabinet Soudey notably offers a free, no-obligation valuation and showcases its properties currently for sale on its website.

To check the legal details of a contract before signing, you can also consult the official guide on the types of sales mandate.

Frequently asked questions