When an owner wishes to sell his property through a real estate agency, he must systematically sign a sales mandate. This mandatory document makes it possible to hire the real estate agent in charge of the sale, but also the seller. Each party can thus benefit from this sale, with regard to its steps. There are three types of mandates: the simple, the exclusive mandate and the semi-exclusive mandate. The latter is a perfect blend of the first two and offers many advantages. Nevertheless, like all contracts, it also has some drawbacks. Discover the strengths and weaknesses of this hybrid sales mandate.
What are the commitments of a semi-exclusive mandate?
The semi-exclusive mandate, just like the exclusive mandate, requires you to get closer to a single real estate agency to help you sell your property. Exclusivity has advantages, such as the attractiveness of the property and the involvement of the real estate agent who will take care of your file. But since it forces you to designate only one real estate agency, you must be sure of your choice when signing the mandate. Indeed, it commits you in time. If the mandate expires without the property being sold, you will not be able to turn to another agency to put your property back on sale.
Similarly, as with the simple mandate, you can sell the property to an individual without going through the agency with which you are under contract. This mandate allows you to manage the sale on your side, while benefitinghere from the exclusivity of a real estate agency. Be careful, however, not to sell a property on your side to a buyer who would have been presented to you by the agency. The visit voucher given by the real estate agent and signed by the potential buyer during a visitis authentic. In this case, you are required to pay the commission to the real estate agent who put you in touch with the buyer. In the same way, you must systematically inform the agency before selling to an individual in order to verify that the latter has not known the property through the agency. This protects the real estate agent and values his work.
Definition of semi-exclusive mandate
Initially, real estate had two distinct types of sales mandates: the simple mandat and the exclusive mandate. The simple mandate allows you to place your property for sale in several real estate agencies while keeping the possibility of a direct sale. More flexible, it is also less advantageous if you are looking to sell quickly. The exclusive mandate, meanwhile, gives the monopoly of the sale of the property to a single real estate agency. You will therefore have no control over the sale, but you will benefit from the involvement of an agent who will relieve you of all his constraints.
The semi-exclusive mandate appeared to keep the best of the two previous mandates, offering you expertise and freedom. Indeed, this hybrid sales mandate is the happy medium between the simple, more flexible mandate and the exclusive, stricter mandate. He commits the real estate agent to sell the property within a given time, using all the resources at his disposal. It also allows the seller to proceed with the real estate sale himself. He can then use his own resources: sales websites between individuals, specialized press, word-of-mouth, local newspaper, etc. The only condition is the verification, upstream, that a particular buyer has not gone through the agency before.
What advantages does the semi-exclusive mandate offer?
The semi-exclusive mandate offers you the exclusivity of a real estate agency and the possibility of direct sales, in the same contract. You benefit from the expertise of a professional involved in the sale of your property. Indeed, going through a real estate agency has many advantages :
- The real estate agent is an expert in estimating a property and will determine the most advantageous price for you.
- Agencies have a strong network and distribution channels that are specific to the profession.
- Real estate agents produce relevant ads withprofessional-quality photos.
- They know exactly how to put together a file, with all the necessary documents, as well as the diagnoses to be expected.
- The agent responsible for the sale takes care of the visits for you, wearing aneutral and benevolent rega rd on your property for sale.
- The agencies check the seriousness and solvency of potential buyers.
- The real estate agent accompanies you in the negotiation phase and until the deed of sale.
You surround yourself with an agency thatwill be at your side throughout the sales process, while carrying out the steps by yourself. Direct selling offers you an additional chance to sell your property on your terms and at your price without paying commission to the agency.
What should the semi-exclusive mandate contain?
All sales mandates are subject to strict rules concerning their content:
- The identity of the estate agent, i.e. his professional card number, the local chamber of commerce andindustry which issued his professional card and the details of his financial guarantee.
- The identity of the owner or, where applicable, of the co-owners if the mandate concerns a property forming part of an estate with severalbeneficiaries.
- The description of the property involved, its address and description.
- The purpose of the mandate: there are several types, including research or sale.
- The duration of the mandate, since it will systematically have to be limited byyears. In general, it is 3 months.
- The price of the property, therefore its market value excluding agency fees. A price range may be specified in case of negotiation.
- The remuneration of the real estate agent, which may appear in amount or percentage, as well as the designation of the party called upon to pay these costs (seller or buyer).
- The means used by the real estate agent to carry out the sale or research, depending on the type of mandate.
- The registration number in the register of mandates.
Each sales mandate must be approved and signed by the seller and the real estate agent before any sale.
How to withdraw from a semi-exclusive mandate?
A semi-exclusive sales mandate is terminable under certain conditions that you must respect in order not to expose yourself to prosecution.
The semi-exclusive sales mandate, in the same way as the simple sales mandate and the exclusive mandate,has a withdrawal period. Nevertheless, this period is only valid in the event that the signing of the contract took place outside the real estate agency. If you have signed your sales mandate at your home, you have 14 days from the date of signature to withdraw.
Otherwise, or if the withdrawal period is exceeded, you enter the irrevocability phase, which generally lasts three months. This clause is defined in the mandate, so do not hesitate to checkbefore signing. Keep in mind that the mandate is tacitly renewable at the end of the three months of the irrevocability period. You will have to proceed with the termination formally, by sending a registered letter to the agency, with a notice of 15 days.
