Exclusive real estate mandate online signatures
Exclusive mandate between a seller-owner and a real estate agent, granting the latter the exclusive right to present and sell the property for a period of irrevocability (typically 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.
- Avaliliuguq tulimak
- Art. 78 decree 72-678
- Signature level
- AES eIDAS recommended
- Legal archiving
- 10 years included
What is an exclusive real estate mandate?
The 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 for a period of irrevocability (often 3 months). During this period, the owner can neither engage another agent nor sell directly 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?
Exclusivity clause traced
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 signatory's identity, making exclusivity enforceable against the owner even in case of later dispute.
Multi-signatories (couple, co-ownership)
If the property belongs to multiple co-owners, all must sign the exclusivity clause or it is partially unenforceable. Our flow handles sequential or parallel signing, with each co-owner signing from their phone with their individual SMS OTP.
10-year archiving included
Under article 72 of the decree of July 20, 1972, the real estate agent must retain the mandate for 10 years. Certyneo automatically archives the mandate + its eIDAS audit trail for this entire period — useful for producing the exclusivity clause in case of commission disputes.
Enforceable eIDAS audit trail
Each exclusive mandate comes with a proof PDF: signatories' identity, 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 art. 78 decree 72-678: the exclusivity clause MUST appear in a separate box on the front with mention of the irrevocability period.
2. Add the signatories
Real estate agent + owner(s). In co-ownership or shared 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 by SMS OTP, unique certificate per signatory, qualified timestamp. Compliant with article 26 of the eIDAS regulation.
4. Sign and archive
Each signatory 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 simple mandate and exclusive mandate?
- The simple mandate allows the owner to sign multiple mandates with different agents and to sell by themselves. The 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 simple mandate with 15-day termination notice. The law does not impose a maximum (legal limit 30 years under decree 72-678); beyond 3 months, the mandator can terminate with 15 days' notice by registered letter.
- Must the exclusivity clause be in a box?
- Yes — article 78 of the decree of July 20, 1972 requires that the exclusivity clause appear in a separate box on the front of the mandate, with mention of the irrevocability period. Failing this, the clause is unenforceable and the mandate becomes 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 a strengthened presumption of reliability through identity verification (SMS OTP) and a unique certificate per signatory.
- What happens if the owner sells by themselves during exclusivity?
- 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 the signature, the agent may lose their recourse.
- Can you include a trial period in an exclusive mandate?
- Yes — common practice is to provide 3 months of irrevocability then automatic conversion to simple mandate, or alternatively an exclusivity clause with degressive penalty depending on the timing of termination. Any clause must be visible and accepted.
- Can you terminate an exclusive mandate 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 gross agent misconduct or by agreement of the parties. After the irrevocability period ends, termination is free with notice.
- Is the electronically signed exclusive mandate enforceable?
- Yes — French case law recognizes electronic signatures compliant with eIDAS. Advanced signature (AES) benefits from the presumption of reliability (art. 1367 Civil Code): the agent can produce the Certyneo audit trail to assert the commission due in case of violation of the exclusivity clause.
Also read
Sign your first exclusive mandate online
Permanent free plan (5 envelopes / month), no credit card. Compliant with Hoguet law and eIDAS. Audit trail and 10-year archiving included.