Sign a French exclusive real-estate mandate online
Exclusive sales mandate between a property owner and a real-estate agent, granting the agent sole right to present and sell the property during an irrevocability period (typically 3 months). Compliant with article 78 of the decree of 20 July 1972 (exclusivity clause in a distinct framed box), AES signature recommended, 10-year retention included.
- Legal framework
- Art. 78 decree 72-678
- Signature level
- AES eIDAS recommended
- Legal retention
- 10 years included
What is a French exclusive real-estate mandate?
The exclusive mandate is a sales mandate granting a single real-estate agent the sole right to present and sell the property during an irrevocability period (often 3 months). During that period, the owner can neither mandate another agent nor sell directly without paying the commission. Article 78 of decree no. 72-678 of 20 July 1972 requires the exclusivity clause to appear in a distinct framed box on the front of the mandate, stating the irrevocability period.
Why sign the exclusive mandate electronically?
Traceable exclusivity clause
The legal stake 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 the exclusivity enforceable against the owner even in case of later dispute.
Multi-signers (joint ownership)
When the property is jointly owned, all co-owners must sign the exclusivity clause, otherwise it is partially unenforceable. Our flow handles sequential or parallel signing, each co-owner signing from their phone with their individual SMS OTP.
10-year retention included
Per article 72 of the decree of 20 July 1972, the real-estate agent must keep the mandate for 10 years. Certyneo archives the mandate and its eIDAS audit trail for the entire period — useful to produce the exclusivity clause in case of commission litigation.
Enforceable eIDAS audit trail
Every exclusive mandate ships with an evidence PDF: signer identities, 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 drafting the clause to legal archiving, in less than 5 minutes.
1. Prepare the mandate
Upload your existing PDF or use a template compliant with art. 78 decree 72-678: the exclusivity clause MUST appear in a distinct framed box on the front with the irrevocability period stated.
2. Add the signers
Real-estate agent + owner(s). In joint ownership or marital community, add every co-owner. Each receives a personalised secure link by email.
3. Choose the eIDAS level
Advanced electronic signature (AES) strongly recommended for an exclusive mandate: SMS OTP identity check, 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 finalised exclusive mandate and the evidence PDF are automatically archived for 10 years.
Frequently asked questions
- What is the difference between simple and exclusive mandate?
- The simple mandate allows the owner to sign multiple mandates with different agents and to sell directly. The exclusive mandate forbids both during its irrevocability period: if the owner sells outside the mandated agent, the full commission is due (penalty clause).
- How long does an exclusive mandate last?
- Professional practice is 3 months of irrevocability, followed by automatic switch to a simple mandate with 15 days' termination notice. The law does not impose a maximum (legal limit 30 years per decree 72-678); beyond 3 months, the principal may terminate with 15 days' notice by registered letter.
- Must the exclusivity clause be in a framed box?
- Yes — article 78 of the decree of 20 July 1972 requires the exclusivity clause to appear in a distinct framed box on the front of the mandate, stating the irrevocability period. Otherwise the clause is unenforceable and the mandate degenerates to a simple mandate.
- Which signature level: SES, AES or QES?
- For an exclusive mandate, advanced electronic signature (AES) is the recommended standard given the financial stakes of the penalty clause. It brings reinforced reliability presumption thanks to identity verification (SMS OTP) and unique certificate per signer.
- What happens if the owner sells directly during exclusivity?
- Full commission is due to the agent (penalty clause, consistent case law Cass. civ. 1re). This is the central stake of traceable consent to exclusivity: without solid signature evidence, the agent may lose recourse.
- Can a trial period be included in an exclusive mandate?
- Yes — common practice is to set 3 months of irrevocability then automatic switch to simple mandate, or alternatively an exclusivity clause with degressive penalty depending on the moment of termination. Any clause must be visible and accepted.
- Can an exclusive mandate be terminated during the irrevocability period?
- No, by definition — this is what distinguishes the exclusive mandate from the simple mandate. Early termination during irrevocability is only possible for serious agent fault or by mutual agreement. After the irrevocability period, termination is free with notice.
- Is the electronically-signed exclusive mandate enforceable?
- Yes — French case law recognises eIDAS-compliant electronic signatures. Advanced electronic signature (AES) benefits from the reliability presumption (article 1367 Civil Code): the agent can produce the Certyneo audit trail to claim the commission due in case of breach of the exclusivity clause.
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Sign your first exclusive mandate online
Permanent free plan (5 envelopes / month), no credit card. Hoguet Act + eIDAS compliant. Audit trail and 10-year archiving included.