When you sell a property, your appointed agent MUST hold a signed mandate, that says you give them the power to advertise, visit and hopefully sell your property.
This is signed in duplicate, so that both parties can hold an original.
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MANDAT EXCLUSIF says that they - and only they - can sell your property for you. They may enter into collaboration with other agencies who may have interested potential buyers, but it is your appointed agent who should be present for all visits and handle all legal paperwork eventuating in the sale.
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MANDAT de VENTE SANS EXCLUSIVITE can be given to as many agents as you wish.
PROS for EXCLUSIVEThe agent, knowing that he will get a commission regardless of whether you or another person/agent sells the property, will spend more time and money placing your property in magazines or other advertising mediums (a glossy magazine may cost several thousand Euros).
He will be more attentive to your needs, and steer clients more towards your property.
You only have to worry about 1 person holding keys or leaving instructions, or handing out sensitive information.
CONSThe agent may not have clients, or be absent for long periods.
You may find your own buyer (or a third party) but still have to pay a part of the commission.
Less competition may lead to less exposure or a limited market
Difficult sometimes to break the mandate
PROS for NON EXCLUSIVEAgents will be competing with each other to sell your property first
Usually, a quicker turnaround
Higher exposure
CONSAgents will spend less time, money and effort if there is too much competition
You may have plenty of strangers traipsing through your property
In both cases, there is usually a time limit for a mandate - 3 months for exclusive and 12 months non exclusive - but it is up to you to decide. Usually, at the bottom of the mandate, is a form to be returned by registered letter should you change your mind or no longer wish to use the agents services (it may have been sold by another agent).
In any case, if you sell for a price which is not the same as the
mandat price, then either a new mandate must be drawn up (with the modified price) or an
avenant de mandate has to be attached.
Some buyers choose to have their own
MANDATE DE RECHERCHE drawn up - thus paying the agent directly and saving on notary fees.
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