Choosing the Right Mandat to Sell your French Property
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Selling your flat or property in France through a real estate agency involves signing a contract called a “mandat de vente.” This contract authorises the “agent immobilier” (French real estate agent) to find a buyer and sell your property on your behalf.
In France, there are three types of sales mandates, each offering different levels of flexibility and commitment. Please see below for our information and advice on the various types of Sales Mandates when selling a property in France.
Simple Mandate (Mandat de Vente Simple)
A simple mandate lets you appoint one or more estate agents to sell your property while keeping the right to sell it yourself. The agent who completes the sale earns the commission; you are not required to pay the other agents.
Contents of a Simple Mandate
The mandate must be written, dated and signed, with two original copies, one for each party. It must include the following information:
- Identity of the seller (mandant)
- Identity of the real estate agent (mandataire)
- Description of the property being sold
- Net sale price value of the property (in euros)
- Duration of the mandate
- Terms of contract termination
- Agent’s remuneration and who will bear the cost (seller or buyer)
- Conditions under which the agent is authorised to receive, pay, or hand over sums of money, goods, effects, or values for the operation
- Registration number in the agency’s mandate register on the seller’s copy
- Methods used by the professional to advertise the property to the public
An explicit clause in very clear terms authorising the agent to proceed with the planned operation.
Duration of a Simple Mandate
The mandate should have a fixed duration, usually three months. It can include a silent renewal clause. In this case, the agent must send you a letter or an email informing you of your right not to renew the mandate between one and three months before the renewal date. If you do not receive this notice, you can cancel the contract at any time starting from the renewal date.
Termination of a Simple Mandate
You must wait until the end of the initial mandate period to terminate it. If the contract is renewed, you can terminate it at any time by providing written notice to the estate agent, 15 days in advance, via registered mail with acknowledgement of receipt (lettre RAR).
Right of Withdrawal
You have a 14-day withdrawal period if you signed the mandate remotely, following a telephone solicitation, or outside the estate agency. The withdrawal period starts the day after signing the contract. If it ends on a Saturday, Sunday or public holiday, it is extended to the next working day. You must send your withdrawal notice by registered mail with a receipt acknowledgement to the agency. No explanation is required.
Exclusive Mandate (Mandat Exclusif)
An exclusive mandate appoints a single estate agent to sell your property, and you are not permitted to sell it yourself. You are not obligated to pay anything to the agent if they fail to complete the sale.
Contents of an Exclusive Mandate
The mandate should include an exclusivity clause outlining the agent’s actions and reporting frequency, along with all required information for a simple mandate.
Duration of an Exclusive Mandate
The duration is usually three irrevocable months and can’t be tacitly renewed. To continue working with the agent, you must sign a new contract, which can be exclusive, simple or semi-exclusive.
Termination of an Exclusive Mandate
After the initial three-month period, you may terminate the exclusive mandate at any time by providing the agent with 15 days’ written notice via registered mail with acknowledgement of receipt, that the RAR (lettre recommendée avec accusé de réception).
Right of Withdrawal
You have a 14-day withdrawal period if you signed the mandate remotely, following a telephone solicitation, or outside the real estate agency. The withdrawal period commences the day after the contract is signed. As with the Mandat Simple above, if it ends on a Saturday, Sunday, or public holiday, it is extended to the next working day. You must send your withdrawal notice by recorded delivery with proof of receipt to the agent. No explanation is necessary.
Key Benefits for Vendors of Luxury Homes
When selling high-end properties like French châteaux or luxury homes, choosing the right sales strategy is crucial. A key approach is granting an exclusive mandate to one real estate agency. Here are reasons why luxury property vendors prefer exclusivity:
Dedicated Attention and Resources
An exclusive mandate commits the agency to fully focus on selling your property, investing time, effort and marketing resources. This dedicated approach is especially beneficial for luxury properties that require tailored marketing to attract suitable buyers.
Enhanced Marketing Efforts
Luxury properties need high-quality marketing, like professional photos, virtual tours and polished brochures. With an exclusive mandate, the agency is motivated to create top-notch materials to showcase your property and use their network and premium channels to reach interested high-end buyers.
Streamlined Communication
Having a single contact point simplifies communication, avoiding conflicting messages from multiple agencies. A dedicated agent thoroughly understands your property and provides consistent updates, making the selling process smoother and less stressful.
Better Negotiation and Expertise
Luxury property agents often have extensive experience in negotiating high-value deals. With an exclusive mandate, you benefit from their in-depth market knowledge and negotiation skills, resulting in higher sale prices and more favourable terms.
Increased Motivation
An exclusive mandate entitles the agency to earn the full commission upon successfully selling your property, boosting their motivation to secure a quick sale at the best price. Their success depends on effort, aligning their interests with yours.
Confidentiality and Discretion
Luxury property sales require confidentiality. An exclusive mandate helps manage information flow, ensuring only serious buyers are introduced, preserving privacy and avoiding unwanted attention.
Comprehensive Market Knowledge
Agencies specialising in luxury properties understand market trends, buyer preferences and pricing strategies. Use this expertise with an exclusive mandate to position your property and attract suitable buyers. They offer insights and advice tailored to the luxury market.
Professional Network
Luxury real estate agencies have extensive contacts: potential buyers, agents and professionals. An exclusive mandate enables them to utilise this network to find the best buyer, thereby increasing the chances of a successful sale.
Semi-Exclusive Mandate (Mandat Semi-Exclusif)
A semi-exclusive mandate lets you assign a sale to one agent while finding a buyer independently. You can’t involve other agencies, but you can sell yourself without a commission or redirect the buyer to the agent for less.
Contents of a Semi-Exclusive Mandate
The mandate should include all details for a simple mandate and specify if you can sell the property independently or must direct the buyer to the agent.
Duration of a Semi-Exclusive Mandate
The duration is usually three irrevocable months, with the possibility of implicit renewal. The agent must notify you of your right not to renew the mandate between one and three months before the renewal date. If you do not receive this notice, you may terminate the contract at any time from the renewal date.
Termination of a Semi-Exclusive Mandate
You must wait until the end of the initial mandate period to terminate it. If the contract is renewed, you can terminate it at any time by giving 15 days’ notice to the agent via registered post with acknowledgement of receipt.
Right of Withdrawal
You have a 14-day withdrawal if you signed remotely after telephone solicitation or outside the agency. It starts the day after signing, extending to the next business day if the end date falls on a weekend or holiday. Send your notice by registered mail with acknowledgement to the agent. No explanation is needed.
Who Pays the Agency fees, the Vendor or the Buyer?
In France, the payment of real estate agency fees, often called “honoraires,” can be negotiated between the buyer and the seller. Usually, the buyer pays these fees, which are typically included in the overall purchase price of the property. However, it is not unusual for the seller to agree to pay the agency fees, especially in a competitive market where the seller aims to make the property more appealing to potential buyers.
The sales mandate will specify who is responsible for paying the agency fees, as does the compromis de vente, the next step after your offer has been accepted. If the buyer is responsible, the fees will be added to the sale price, and the buyer will pay the total amount. Conversely, if the seller agrees to pay the fees, this amount will be deducted from the sale price received by the seller.
Obligations Towards French Immobiliers
If you’ve signed an exclusive sales mandate, you must follow the exclusivity clause with the agency, or you may owe a fixed indemnity equal to their fees, clearly stated in the mandate. For a non-exclusive mandate, if you sell the property yourself, you owe nothing. Still, you must disclose the buyer’s identity, as one agency might have already shown or introduced the buyer, with a penalty often set at agency fees to protect the agent. Fees are due at the time of signing the sale, as specified in the “mandat de vente’ and the “acte authentique”.
Clarity is Key
Choosing the right “mandat de vente” is important for a successful property sale in France. Regardless of which option you choose, understanding the terms and conditions will help you make an informed decision. Always ensure that the mandate is clear, tailored to your needs and that you know what you are signing. If you would like us to check if we have a local agent to list your property with us, please contact us.
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