Agency Mandate and Real Estate Agencies
The mandate is the contract that authorizes a real estate agency to sell your property. It is strictly governed by the Hoguet Act (Act No. 70-9 of 2 January 1970) and its implementing decree (Decree No. 72-678 of 20 July 1972). This guide clearly distinguishes what the law requires (professional license, written mandate, mention of the remuneration, regulation of the exclusivity clause) from what falls under mere negotiable clauses of your contract (amount of the commission, initial duration). Before signing, always check what your mandate says: some rules presented as legal are in reality contractual, and conversely, some legal protections are overlooked by sellers.
All questions
The simple mandate lets you entrust the property to several agencies and sell it yourself. The exclusive mandate reserves the marketing to a single agency. The semi-exclusive mandate grants exclusivity to one agency while still allowing you to find a direct buyer yourself without commission.
The Hoguet Act (Act No. 70-9 of 2 January 1970) regulates real estate professionals. It requires holding a professional license, including the T license (Transactions), issued by the president of the territorial Chamber of Commerce and Industry, to legally carry out real estate intermediation and management.
For an exclusive mandate, the Hoguet decree limits the effects of the exclusivity clause: beyond three months, it can survive only if the mandate allows its termination at any time by registered letter with acknowledgment of receipt, taking effect 15 days after receipt. Always check the clauses of your mandate.
A real estate mandate has a limited duration, which must be stated in the contract. The ALUR Act regulated tacit renewal: the mandate cannot extend without limit and must set out its duration and termination conditions. The actual duration and its cap appear in your mandate.
The agency commission is freely set: there is no legal scale. It is due only if the sale goes through and if the mandate provides for it. It is the mandate that designates the payer (seller or buyer). Its amount must appear in the mandate and be displayed: it is negotiable.
The viewing slip only attests that an agency showed you a property on a given date. It does not oblige you to buy, to go through that agency, or to pay it a commission by its mere signature. Its scope is often overestimated: it is above all an element of proof for the agency.
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