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14 octobre 2026

Simple or exclusive mandate: which should you choose when selling?

Duration, termination, penalty clause, withdrawal: what the law provides for sellers

A simple mandate (mandat simple) leaves you free to entrust the sale to several agencies and to sell the property yourself; an exclusive mandate (mandat exclusif) reserves it for a single agency, which must set out in writing what it will do and how it will report back to you. An exclusive mandate can only be terminated once three months have passed since it was signed; after that, either party may end it at any time with at least fifteen days' notice. In Beausoleil as elsewhere in France, choosing a simple or exclusive mandate depends on how much freedom you wish to keep and the level of follow-up you expect.

Rules common to all sale mandates

An estate agent can neither negotiate nor make commitments on your behalf without a prior written mandate, under Law No. 70-9 of 2 January 1970, known as the Hoguet Law (loi Hoguet), and its implementing Decree No. 72-678 of 20 July 1972. The mandate is dated and signed in two original copies, one of which is given to you. In particular, it states:

  • your identity (you are the principal, or mandant) and that of the agent (the mandataire);
  • a description of the property and its price;
  • the duration of the mandate and its termination conditions;
  • the agent's remuneration and who pays it, seller or buyer;
  • the means used to advertise the property;
  • the registration number in the register of mandates (registre des mandats), shown on your copy.

A mandate with no time limit is void (Article 7 of the Hoguet Law). If you are selling in a private capacity, no sum representing fees or expenses may be requested from you before the sale has actually been concluded and recorded in a single written document containing the parties' commitment (Article 6). If that commitment, for example a pre-sale agreement (compromis de vente), contains a condition precedent, such as obtaining a loan, the sale is not regarded as concluded until the condition is met (Article 74 of the Decree).

When you are selling in a private capacity, Article 7 of the Hoguet Law also requires the mandate to state, legibly and visibly, the non-renewal conditions laid down by the Consumer Code (code de la consommation). In the event of tacit renewal, the agent must inform you by a dedicated letter addressed to you by name or a dedicated email, between three months and one month before the deadline, that you may refuse it; failing this, you may end the mandate free of charge at any time from the renewal date (Article L215-1 of the same code).

The simple mandate: one or more agencies, and the freedom to sell on your own

With a simple, non-exclusive mandate (mandat simple), you can entrust the sale to one or more estate agents and keep the option of selling the property yourself. Only the agent who secures the sale receives fees: you do not have to compensate the others.

According to service-public.gouv.fr, this mandate most often includes an initial three-month period during which it cannot be terminated; after that, you can end it by giving the agent fifteen days' notice by recorded-delivery letter with acknowledgement of receipt (lettre recommandée avec avis de réception). If it contains a penalty clause, this rule derives from Article 78 of the Decree.

Strengths of the simple mandate

  • You can sell the property yourself without paying agency fees, unless there is a penalty clause and the buyer was introduced to you by an agent.
  • Several agencies can look for a buyer at the same time.

Limitations of the simple mandate

  • You have to coordinate several contacts yourself: viewings, information provided, any change in price.
  • A simple mandate does not have to detail the agent's actions: this obligation applies only to mandates containing an exclusivity clause.

The exclusive mandate: a single agency, written commitments

With an exclusive mandate (mandat exclusif), you entrust the sale to a single estate agent: you can neither use another agency nor sell the property yourself. If the agent does not secure a sale, you do not have to compensate them. The mandate specifies the actions the agent undertakes to carry out and how they will report to you, at intervals agreed between you (Article 6 of the Hoguet Law).

Strengths of the exclusive mandate

  • A single contact for viewings, buyers' questions and negotiation.
  • Written commitments: the planned actions and the frequency of reports are set out in the contract.

Limitations of the exclusive mandate

  • You are committed to a single agency: you cannot terminate the mandate before three months have passed, and after that you must give at least fifteen days' notice.
  • If you sell the property yourself or through another intermediary during the mandate, the contract may provide for a sum payable to the agent, up to the amount of the agreed fees.

The semi-exclusive mandate, an intermediate option

Service-public.gouv.fr describes a third option, the semi-exclusive mandate (mandat semi-exclusif): you entrust the sale to a single agent and cannot use another agency, but you keep the option of finding a buyer yourself. Depending on its wording, the contract may let you sell privately without fees, or ask you to refer the buyer you found to the agent, with reduced fees.

Because it prevents you from using another agency, this mandate contains an exclusivity clause. The rules for exclusive mandates therefore apply: actions and reporting set out in writing, and termination possible once three months have passed (Article 6 of the Hoguet Law, Article 78 of the Decree).

Exclusivity and penalty clause: what the law regulates

Whatever the type of mandate, it may contain a penalty clause (clause pénale), under which you must compensate the agent if you sell, without going through them, to a buyer they introduced to you, including after the mandate has ended, for a period set in the contract. It may also provide for fees payable if the sale is concluded without the agent, for example if you sell the property yourself during an exclusive mandate. Article 78 of the Decree regulates these clauses, as it does the exclusivity clause:

  • they apply only if they are expressly provided for, in very prominent type, in a mandate of which you have received a copy;
  • the sum provided for cannot exceed the fees stipulated in the mandate for the sale;
  • once three months have passed since signature, a mandate containing one of these clauses, including a simple mandate with a penalty clause, may be terminated at any time by either party, with at least fifteen days' notice by recorded-delivery letter with acknowledgement of receipt.

Mandate signed away from the agency or at a distance: fourteen days to withdraw

If you are selling in a private capacity and sign the mandate away from the agency's premises, for example at home, even at your own request, or entirely at a distance, you have fourteen days to withdraw, without giving reasons (Articles L221-1 and L221-18 of the Consumer Code). The period runs from the day after signature; if it ends on a Saturday, a Sunday, a public holiday or a non-working day, it is extended to the next working day (Article L221-19). If you were not given information about this right as the law requires, the period is extended by twelve months (Article L221-20).

To withdraw, you send the agent, before the period ends, the withdrawal form or any other unambiguous statement expressing your decision (Article L221-21); a recorded-delivery letter with acknowledgement of receipt allows you to keep proof of it. If you ask the agent to start, for example with viewings, before the period ends, this request may affect your right of withdrawal (Articles L221-25 and L221-28): read what the mandate says before giving your agreement.

What about fees?

The agency's fee schedule does not set a different rate for a simple, exclusive or semi-exclusive mandate; only a confidential sale, not publicly advertised, has a separate maximum rate (10% including VAT). Our maximum fees, including VAT, are payable by the seller or the buyer, as set out in the signed mandate: details are in our fee schedule.

Simple or exclusive mandate: questions to ask yourself before choosing

No option is better in absolute terms; these questions can help you choose:

  • Do you want to be able to sell the property yourself to a buyer you find?
  • Do you prefer a single contact, or can you deal with several agencies?
  • What actions do you expect from the agency, and how often do you want to be informed?
  • Are you prepared to entrust the sale to a single agency, without being able to terminate the mandate before three months have passed?
  • Has your sale price been established? Our article on property prices in Beausoleil presents the official sources of the prices actually paid; an estimate of your property then gives you a precise basis for discussing the price before signing.

Always reread the mandate before signing: duration, termination, penalty clause and how long it applies after the mandate ends, fees and which party pays them.

Are you considering selling in Beausoleil, Roquebrune-Cap-Martin, Cap-d'Ail, La Turbie or Menton? Our team, based at 10 boulevard de la République in Beausoleil, can answer your questions about the mandate before you sign anything: contact our agency.

Laura-Lynn Nacher de Coster, Managing Director of Transal Properties

Sources

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