Our practical sheets

Our practical sheets

The different mandates

Legal documents in a real estate sale

In order to be able to look for buyers, tenants, or a property to buy, thereal estate agent must first hold a mandate. Thereal estate agent is a professional agent. The mandate is a contract that allows thereal estate agent to act in the name and on behalf of the principal. The range of mandates covers :

  • - The sale mandate, entrusted by an owner wishing to sell his property,
  • - The search mandate, entrusted by a person looking for a property to rent or to buy,
  • - The rental mandate, or tenant search mandate, entrusted by an owner wishing to rent his property,
  • - The management mandate, by which thereal estate agent manages the relationship with the tenants of a property, throughout the lease.

Within the framework of the sale or the hiring, there are two great kinds of mandates:

  • - The simple mandate, which allows the principal to look for a buyer or a tenant, by himself or by another intermediary.
  • - The exclusive mandate, by which the principal entrusts thereal estate agent who has chosen, and to him alone, the mission of searching for a buyer or a tenant.

Frequently, the mandate contains particular and specific clauses. Thus, it can be "semi-exclusive": the principal can search for a buyer by himself, but he will have to refer him to thereal estate agent who holds the mandate.

The mandate being a contract, it has the force of law and the principal has the obligation to respect the commitments he has subscribed.