Open mandate or exclusive mandate: what's the difference?
With an open mandate, you entrust the sale to several agencies and can sell on your own. With an exclusive mandate, a single agency is instructed and you cannot sell by your own means during its term. The exclusive mandate commits the agency to enhanced efforts and is often more effective.
The open mandate: maximum freedom
The open mandate lets you entrust the sale of your property to several agencies at the same time, while keeping the right to find a buyer yourself. Only the agency that actually concludes the sale receives its commission.
It is the most flexible arrangement, but it dilutes the agencies' commitment: none is certain of being paid, which can reduce their investment in communication and time.
The exclusive mandate: a mutual commitment
The exclusive mandate entrusts the sale to a single agency. You can no longer sell on your own or instruct another agency during its term. In return, the agency commits to concrete actions (viewings, advertising, reporting) and concentrates its resources on your property.
The exclusivity clause must be stated in very conspicuous characters, in accordance with the Hoguet Act (Act No. 70-9 of 2 January 1970) and its implementing decree. Every agency mandate must be in writing, contain the required statements and be limited in time.
Duration, termination and rules to know
The mandate is concluded for a fixed term. In practice, the exclusive mandate frequently provides for an irrevocability period (often 3 months) during which it cannot be terminated. After this period, it can generally be terminated, subject to the notice provided in the contract (often 15 days) by registered letter. Always check your mandate's clauses, which set these terms.
- Since the ALUR Act (2014), the tacit renewal of an exclusive mandate beyond its initial term is regulated: the mandate must provide for its renewal conditions and the principal must be able to end it.
- If the mandate is signed away from business premises (at your home, for example), you are in principle entitled to a 14-day cooling-off period under the French Consumer Code.
- The mandate must specify the price, the agency's remuneration (amount and party responsible for it), its duration and the resources committed.
- The semi-exclusive mandate is a variant: a single agency, but you keep the right to sell on your own without commission.
Frequently asked questions
Does an exclusive mandate lead to a faster sale?
Often, yes. The agency, assured of being paid, invests more (photos, distribution, viewings, negotiation). Market observations generally show shorter timelines under exclusivity, even though the outcome depends above all on the price and the property.
Can an exclusive mandate be terminated at any time?
Not necessarily immediately: many mandates provide for an initial irrevocability period. Once this period has elapsed, you can terminate it according to the terms and notice provided in the contract, generally by registered letter with acknowledgment of receipt. Read your mandate carefully.
Can a mandate renew automatically?
Tacit renewal is strictly regulated since the ALUR Act: the mandate must provide for its renewal conditions and you must be able to end it. These rules protect the seller against a commitment that would extend indefinitely with no way out.
Read next
- Loi n° 70-9 du 2 janvier 1970 (loi Hoguet) (Légifrance)
- Décret n° 72-678 du 20 juillet 1972, article 78 (Légifrance)
- Loi n° 2014-366 du 24 mars 2014 (loi ALUR) (Légifrance)
- Service-Public.fr : mandat de vente immobilière
A question about your plans?
Realistic price, order of the steps, agency fees on a sale. Book a video call with a BRIVEO adviser, free and with no commitment.
Talk to a property adviser