What is the difference between a simple, exclusive and semi-exclusive mandate?

The three types of sale mandate

The type of mandate determines who can look for a buyer for your property and who will receive the commission if a sale occurs. This choice is contractual: it results from what you sign with the agency, within the framework set by the Hoguet Act.

Whatever the type chosen, the mandate must imperatively be in writing, state its duration and the conditions of the agent's remuneration. These requirements are indeed legal rules, arising from Act No. 70-9 of 2 January 1970 and its implementing decree No. 72-678 of 20 July 1972.

• Simple mandate: you may sign with several agencies in parallel and sell yourself to a buyer you have found, with no commission payable.
• Exclusive mandate: a single agency is authorized to market the property; depending on the wording of the mandate, a sale you conclude on your own may give rise to remuneration or a penalty for the agency.
• Semi-exclusive mandate: a single agency acts (as with exclusivity), but you retain the right to sell directly to a buyer you have personally found, with no commission.

Advantages and limits of each option

The simple mandate maximizes the number of distribution channels, but may dilute each agency's commitment, since none has the certainty of receiving the commission. It may also lead to a proliferation of listings at prices that sometimes diverge.

The exclusive mandate involves the agency more, as it often invests more in visibility and resources because it is the only one that can be remunerated. In return, the exclusivity clause is regulated by the Hoguet decree: beyond a period of three months from signing, it can continue to produce its effects only if the mandate provides that it may be terminated at any time by registered letter with acknowledgment of receipt (see the question on termination).

The semi-exclusive mandate is a compromise: it gives the agency the security of exclusive marketing while preserving your personal room for maneuver. Its exact scope (what constitutes a buyer found by you) must be precisely defined in the contract to avoid disputes.

• Always check in the mandate whether a sale concluded by you does or does not trigger a commission or a penalty: this varies greatly depending on the wording, particularly under exclusivity.
• The type of mandate has an effect with respect to the buyer only if the remuneration is properly brought to their attention: the mention of the fees must appear in the listing and the marketing documents.