What sales mandate can be given to a real estate agency?
Verified 18 July 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Do you want to sell your house or apartment through a real estate agency?
You will sign a contract with the real estate agent, called sales order, where you entrust him with the search for a buyer and the sale of your property.
It exists multiple sales order types.
Depending on the contract, you can retain the freedom to sell your property yourself and entrust the sale to one or more agencies.
We are taking stock of the various mandates.
You can choose to sign one of these 3 types of sales orders:
- Simple mandate with one or more agencies which allows you to sell the property yourself
- Exclusive mandate with an agency who is the only one who can sell the property
- Semi-exclusive mandate with a single agency which allows you to sell the property yourself
Simple mandate
You can entrust the sale to one or more estate agents. You still have the option of selling your property yourself.
The real estate agent who makes the sale collects the fees. You don't have to compensate the other agencies.
The mandate is written, dated and signed. It is made in 2 original copies, 1 for seller and 1 forreal estate agent.
The mandate must contain the following information:
- Seller's identity, on principal
- Identity of the real estate agent, the representative
- Purpose of the mandate, description of the property sold
- Price sale of the property
- Term of office
- Termination of contract
- Agent’s remuneration, and the name of the party responsible (seller or buyer)
- Conditions under which the agent is authorized to receive, remit or remit money, goods, effects or values, for the transaction under contract
- Registration number in the register of mandates of the agency (chronological directory of signed mandates) on the seller's copy
- Means employed by the trader to to broadcast its commercial advertisements to the public
An express clause written in very visible characters must authorize the real estate agent to commit to the planned transaction. Without this clause, the real estate agent cannot sign any deed in your name and on your behalf in connection with the sale.
Warning
One penalty clause compensation written in very visible characters may be included in the mandate.
It provides that the owner will compensate the real estate agent if he evicts him by selling his property to a buyer he has presented to him. This clause applies even if the sale takes place after the end of the mandate, for a specified period in the mandate which may be up to 24 months.
The indemnity may not exceed the amount of the fees provided for in the mandate.
The term of office must be limited. Most often, it is 3 months irrevocable.
The mandate may provide for a tacit renewal. In this case, at the earliest 3 months and at the latest 1 month before the renewal, the real estate agent will send you a letter or an email. He informs you that you have the right not to renew the mandate. If you do not receive this mail, you may terminate the contract at any time from the date of renewal.
FYI
The term of office ends in the event of the death of the seller or real estate agent. However, if the real estate agent is in a business, the mandate continues.
You must wait until the end of the original term of office before terminating it. If the contract is renewed, you can terminate it at any time.
In the 2 cases, you must notify the real estate agent 15 days in advance, by letter RAR: titleContent.
You can withdraw within 14 days only if you signed a warrant at a distance, following a telephone solicitation or outside the real estate agency.
The period shall begin the day following the signature of the contract. If it ends on a Saturday, Sunday or public holiday, or unemployed person, it shall be extended to the first working day next.
You must send your withdrawal by letter RAR: titleContent to the real estate agent.
You have no no explanation.
Warning
If the real estate agent has already started to make visits with your consent, you can no longer withdraw.
Exclusive mandate
You entrust the sale to one real estate agent. You don't have the opportunity to sell your property yourself.
You don't have to compensate the real estate agent if he doesn't make the sale.
The mandate contains a exclusivity clause written in very visible characters. It specifies the actions that the realtor undertakes to perform and how he or she reports to you on the actions performed at a frequency that you define together.
The mandate is written, dated and signed. It is made in 2 original copies, 1 for seller and 1 forreal estate agent.
The mandate must contain the following information:
- Seller's identity, on principal
- Identity of the real estate agent, the representative
- Purpose of the mandate, description of the property sold
- Price sale of the property
- Term of office
- Termination of contract
- Agent’s remuneration, and the name of the party responsible (seller or buyer)
- Conditions under which the agent is authorized to receive, remit or remit money, goods, effects or values, for the transaction under contract
- Registration number in the register of mandates of the agency (chronological directory of signed mandates) on the seller's copy
- Means employed by the trader to to broadcast its commercial advertisements to the public
An express clause written in very visible characters must authorize the real estate agent to commit to the planned transaction. Without this clause, the real estate agent cannot sign any deed in your name and on your behalf in connection with the sale.
Warning
One penalty clause compensation written in very visible characters may be included in the mandate.
It provides that the owner will compensate the real estate agent if he evicts him by selling his property to a buyer he has presented to him. This clause applies even if the sale takes place after the end of the mandate, for a specified period in the mandate which may be up to 24 months.
The indemnity may not exceed the amount of the fees provided for in the mandate.
Its duration is 3 months irrevocable. He can't be tacitly renewed. If you want to continue entrusting the sale to the real estate agent, you must sign a new exclusive, simple or semi-exclusive contract.
FYI
The term of office ends in the event of the death of the seller or real estate agent. However, if the real estate agent is in a business, the mandate continues.
Past on three-month period after signing, you can terminate the exclusive contract at any time. You must notify the real estate agent 15 days in advance, by letter RAR: titleContent.
You can withdraw within 14 days only if you signed a warrant at a distance, following a telephone solicitation or outside the real estate agency.
The period shall begin the day following the signature of the contract. If it ends on a Saturday, Sunday or public holiday, or unemployed person, it shall be extended to the first working day next.
You must send your withdrawal by letter RAR: titleContent to the real estate agent.
You have no no explanation.
Warning
If the real estate agent has already started to make visits with your consent, you can no longer withdraw.
Semi-exclusive mandate
You entrust the sale of your property to one real estate agent.
You can't go to another agency, but you keep the ability to find a buyer yourself.
The mandate can leave you free to sell from individual to individual without having to pay anyfees.
It may also provide that you must redirect the buyer you found to the real estate agent. In this case, you pay a reduced fee.
The mandate is written, dated and signed. It is made in 2 original copies, 1 for seller and 1 forreal estate agent.
The mandate must contain the following information:
- Seller's identity, on principal
- Identity of the real estate agent, the representative
- Purpose of the mandate, description of the property sold
- Price sale of the property
- Term of office
- Termination of contract
- Agent’s remuneration, and the name of the party responsible (seller or buyer)
- Conditions under which the agent is authorized to receive, remit or remit money, goods, effects or values, for the transaction under contract
- Registration number in the register of mandates of the agency (chronological directory of signed mandates) on the seller's copy
- Means employed by the trader to to broadcast its commercial advertisements to the public
An express clause written in very visible characters must authorize the real estate agent to commit to the planned transaction. Without this clause, the real estate agent cannot sign any deed in your name and on your behalf in connection with the sale.
Warning
One penalty clause compensation written in very visible characters may be included in the mandate.
It provides that the owner will compensate the real estate agent if he evicts him by selling his property to a buyer he has presented to him. This clause applies even if the sale takes place after the end of the mandate, for a specified period in the mandate which may be up to 24 months.
The indemnity may not exceed the amount of the fees provided for in the mandate.
The term of office must be limited. Most often, it is 3 months irrevocable.
The mandate may provide for a tacit renewal. In this case, at the earliest 3 months and at the latest 1 month before the renewal, the real estate agent will send you a letter or an email. He informs you that you have the right not to renew the mandate. If you do not receive this mail, you may terminate the contract at any time from the date of renewal.
FYI
The term of office ends in the event of the death of the seller or real estate agent. However, if the real estate agent is in a business, the mandate continues.
You must wait until the end of the original term of office before terminating it. If the contract is renewed, you can terminate it at any time.
In the 2 cases, you must notify the real estate agent 15 days in advance, by letter RAR: titleContent.
You can withdraw within 14 days only if you signed a warrant at a distance, following a telephone solicitation or outside the real estate agency.
The period shall begin the day following the signature of the contract. If it ends on a Saturday, Sunday or public holiday, or unemployed person, it shall be extended to the first working day next.
You must send your withdrawal by letter RAR: titleContent to the real estate agent.
You have no no explanation.
Warning
If the real estate agent has already started to make visits with your consent, you can no longer withdraw.
Who can help me?
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
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- Departmental Agency for Housing Information (Adil)
Mandate and Penal Clause (Articles 78 and 78(1))
Original Document
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