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Types of Real Estate Mandates: Understanding the Different Options

 

When engaging the services of a real estate professional, it is essential to understand the different types of mandates available. A mandate is a legally binding agreement between the client and the real estate agent, outlining the terms and conditions of their working relationship. Each type of mandate offers unique features and benefits, so it is crucial to choose the one that best suits your needs. In this article, we will explore the various types of real estate mandates and help you better understand your options.

Exclusive Mandate

An exclusive mandate grants a single real estate agent or agency the exclusive right to represent the client in a real estate transaction. This means that the client cannot work with any other agents during the agreed-upon period. Some benefits of an exclusive mandate include:

Dedicated service: The agent will focus their time and resources on your property, providing personalized attention and ensuring a higher level of commitment.

Increased motivation: Since the agent is the only one authorized to handle the transaction, they are more motivated to find a buyer or seller and close the deal.

Streamlined communication: Working with one agent simplifies communication and reduces the potential for misunderstandings.

 

Semi-Exclusive Mandate

A semi-exclusive mandate is a hybrid between an exclusive and non-exclusive mandate. The client grants exclusive rights to one agent but retains the right to find a buyer or seller independently. If the client is successful in finding a buyer or seller without the agent’s assistance, they are not obligated to pay the agent’s commission. Some benefits of a semi-exclusive mandate include:

Flexibility: The client can actively participate in the sales process while still benefiting from the agent’s expertise and resources.

Reduced commission: If the client finds a buyer or seller independently, they may save on commission fees.

 

Non-Exclusive Mandate

A non-exclusive mandate, also known as an open mandate, allows the client to work with multiple real estate agents simultaneously. The agent who successfully closes the transaction receives the commission. Some benefits of a non-exclusive mandate include:

Wider exposure: With multiple agents marketing the property, it may reach a broader audience and increase the chances of a quick sale.

Competitive environment: Agents may be more motivated to work hard and close the deal to secure their commission.

Greater control: Clients have more control over the sales process and can choose the agent they feel is most suitable to finalize the transaction.

 

Exclusive Buyer’s Agent Mandate

An exclusive buyer’s agent mandate is an agreement between a buyer and a real estate agent, granting the agent exclusive rights to represent the buyer in their property search. This ensures that the agent is solely focused on the buyer’s needs and interests, rather than trying to sell a specific property. Some benefits of an exclusive buyer’s agent mandate include:

Undivided loyalty: The agent is committed to finding the best property for the buyer at the best possible price.

Customized service: The agent tailors their search and negotiation strategy to the buyer’s specific needs and preferences.

 

In conclusion, understanding the different types of real estate mandates is crucial when choosing the right agent to represent your interests. Each mandate offers unique benefits, so it is essential to weigh the pros and cons before making a decision. By selecting the appropriate mandate for your specific needs, you can ensure a smoother and more successful real estate transaction.

 

About the Author :

Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).

FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.

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