Sign an exclusive real estate mandate online
Exclusive mandate between a property seller and a real estate agent, granting the latter the exclusive right to present and sell the property during an irrevocability period (usually 3 months). Compliant with Article 78 of the Decree of July 20, 1972 (exclusivity clause in a separate box), advanced signature recommended, 10-year archiving included.
- Legal framework
- Article 78 Decree 72-678
- Signature level
- AES eIDAS recommended
- Legal archiving
- 10 years included
What is an exclusive real estate mandate?
An exclusive mandate (or "exclusive sales mandate") is a real estate sales mandate that grants a single real estate agent the exclusive right to present and sell the property during an irrevocability period (often 3 months). During this period, the owner may neither appoint another agent nor sell directly themselves without paying the commission. Article 78 of Decree No. 72-678 of July 20, 1972 requires that the exclusivity clause appear in a separate box on the front of the mandate, with mention of its irrevocability period.
Why sign the exclusive mandate electronically?
Traced exclusivity clause
The legal issue of an exclusive mandate is the traceability of consent to exclusivity. Advanced electronic signature (AES) precisely timestamps the moment of consent and captures the signer's identity, making exclusivity enforceable against the owner even in case of later dispute.
Multi-signers (couple, co-ownership)
If the property belongs to multiple co-owners, all must sign the exclusivity clause under penalty of partial non-enforceability. Our workflow handles sequential or parallel signing, each co-owner signing from their phone with their individual SMS OTP.
10-year archiving included
In accordance with Article 72 of the Decree of July 20, 1972, the real estate agent must preserve the mandate for 10 years. Certyneo automatically archives the mandate + its eIDAS audit trail for this entire duration — useful for producing the exclusivity clause in case of disputes over commission.
Enforceable eIDAS audit trail
Each exclusive mandate is delivered with a proof PDF: identity of signers, qualified timestamp, SHA-256 hash, IP geolocation, SMS OTP. Enforceable in case of dispute over the exclusivity clause, its irrevocability period, or the commission due.
Sign an exclusive mandate in 4 steps
From clause drafting to legal archiving, in less than 5 minutes.
1. Prepare the mandate
Upload your existing PDF or use a template compliant with Article 78 Decree 72-678: the exclusivity clause MUST appear in a separate box on the front with mention of the irrevocability period.
2. Add signers
Real estate agent + property owner(s). In co-ownership or joint ownership, add all co-owners. Each receives a personalized secure link by email.
3. Choose the eIDAS level
Advanced signature (AES) strongly recommended for an exclusive mandate: identity verification via SMS OTP, unique certificate per signer, qualified timestamp. Compliant with Article 26 of the eIDAS regulation.
4. Sign and archive
Each signer signs from their phone or computer. The finalized exclusive mandate + proof PDF are automatically archived for 10 years.
Frequently Asked Questions
- What is the difference between a simple mandate and an exclusive mandate?
- A simple mandate allows the owner to sign multiple mandates with different agents and to sell by themselves. An exclusive mandate prohibits both possibilities during its irrevocability period: if the owner sells outside the mandated agent, they owe the full commission (penalty clause).
- How long does an exclusive mandate last?
- Professional practice is 3 months of irrevocability, followed by automatic conversion to a simple mandate with 15 days' notice of termination. The law imposes no maximum (legal limit 30 years under decree 72-678); beyond 3 months, the mandator may terminate with 15 days' notice by registered letter.
- Must the exclusivity clause be in a box?
- Yes — article 78 of the decree of 20 July 1972 requires that the exclusivity clause appear in a separate box on the front of the mandate, with mention of the irrevocability period. Failing that, the clause is unenforceable and the mandate degenerates into a simple mandate.
- Which signature level to choose: SES, AES or QES?
- For an exclusive mandate, advanced signature (AES) is the recommended standard given the financial stakes of the penalty clause. It provides enhanced reliability presumption through identity verification (SMS OTP) and a unique certificate per signatory.
- What happens if the owner sells by themselves during the exclusivity period?
- They owe the full commission to the agent (penalty clause, consistent case law Cass. civ. 1st). This is the central issue of traceability of consent to exclusivity: without solid proof of signature, the agent may lose their recourse.
- Can a trial period be provided in an exclusive mandate?
- Yes — common practice is to provide 3 months of irrevocability then automatic conversion to a simple mandate, or alternatively an exclusivity clause with degressive penalty depending on when termination occurs. Any clause must be visible and accepted.
- Can an exclusive mandate be terminated during the irrevocability period?
- No, by definition — this is what distinguishes an exclusive mandate from a simple mandate. Early termination during irrevocability is only possible for serious fault by the agent or by agreement of the parties. At the end of the irrevocability period, termination is free with notice.
- Is an electronically signed exclusive mandate enforceable?
- Yes — French case law recognizes electronic signature compliant with eIDAS. Advanced signature (AES) benefits from the reliability presumption (article 1367 Civil Code): the agent may produce the Certyneo audit trail to assert the commission due in case of breach of the exclusivity clause.
Also read
Sign your first exclusive mandate online
Permanent free plan (5 envelopes/month), no credit card required. Compliant with Hoguet law and eIDAS. Audit trail and 10-year archiving included.