Can a real estate sales mandate be signed electronically?

Yes, without restriction. Hoguet law does not require handwritten signature: only the mentions of article 1 of the decree of July 20, 1972 are mandatory (T card, financial guarantee, duration, net seller price, commission). Article 1366 of the Civil Code grants electronic signature the same value as paper signature as soon as signer identification and document integrity are guaranteed.

Which signature level to choose: SES, AES or QES?

For a real estate sales mandate, advanced signature (AES) is the professional standard. It provides a strengthened presumption of reliability thanks to identity verification (SMS OTP) and a unique certificate per signer. QES is reserved for the authentic deed of sale before a notary; SES (simple signature) is undersized given the financial stakes of the mandate.

What to do in case of co-ownership, co-ownership or married couple?

All co-owners must sign the mandate on pain of partial nullity (art. 815-3 Civil Code for co-ownership; art. 1424 Civil Code for community between spouses). Certyneo''s multi-signer flow handles sequential or parallel signature. Each signer receives their personal link with SMS OTP to their own number.

What is the maximum duration of a sales mandate?

The duration is freely set by the parties within the limit of 30 years (art. 73 of decree no. 72-678). In practice, most non-exclusive mandates are concluded for 3 months renewable, and exclusive mandates for 3 months irrevocable then non-exclusive. Beyond 3 months, the principal may terminate with 15 days'' notice by registered mail.

What are the mandatory mentions of a sales mandate?

Complete identity of the parties, professional T card number of the agent, organization and amount of financial guarantee, precise duration, net seller price, commission amount or rate and which party bears it, exclusivity or not, termination conditions, designation of the competent court.

Does the exclusive mandate have a different legal regime?

Yes — the exclusive mandate (art. 78 of the decree of July 20, 1972) must include an exclusivity clause in a separate box on the front of the mandate, and specify its irrevocability period (often 3 months). The non-exclusive mandate allows the owner to sign multiple mandates and sell themselves; the exclusive mandate prohibits both possibilities on pain of penalty.

Can an electronically signed sales mandate be terminated?

Yes — termination follows the same rules as for a paper mandate: respect the notice period set in the contract (15 days for most mandates beyond 3 months), notification by registered mail or any means provided in the mandate. Termination can itself be signed electronically.

Is the electronically signed mandate enforceable in courts?

Yes — French case law unanimously recognizes eIDAS-compliant electronic signatures. The presumption of reliability in article 1367 of the Civil Code makes the advanced signature (AES) enforceable without further proof, provided the eIDAS audit trail is produced in court (proof PDF automatically delivered by Certyneo).

Hoguet law no. 70-9 · T card · eIDAS AES

Sign a real estate sales mandate online, in 2 minutes

Sales mandate between a seller owner and a real estate agent holding a T card, electronically signed with the same legal value as a paper mandate. Compliant with Hoguet law (no. 70-9 of January 2, 1970) and the eIDAS regulation — advanced signature recommended, multi-signers (co-ownership, community), 10-year archiving included.

Legal framework: Hoguet law — T card
Signature level: AES eIDAS recommended
Legal archiving: 10 years included

What is a real estate sales mandate?

A real estate sales mandate is a contract by which an owner (principal) entrusts a real estate agent holding a professional T card (transactions on real property) with the mission to find a buyer for their property. It is governed by law no. 70-9 of January 2, 1970 (so-called "Hoguet law") and subject to strict rules: T card, financial guarantee, mandatory mentions (net seller price, commission, duration, possible exclusivity), termination conditions. The mandate may be non-exclusive (the owner may sign multiple mandates and sell themselves) or exclusive (the agent is solely authorized to present the property).

Why sign the mandate electronically?

Identical legal value

Article 1366 of the Civil Code grants electronic writing the same probative force as paper writing, provided that the person from whom it emanates can be identified and the document is preserved under conditions guaranteeing its integrity. No Hoguet provision requires handwritten signature for the sales mandate.

Multi-signers (couple, co-ownership)

If the property belongs to multiple co-owners (married couple, co-ownership, family SCI), all must sign the mandate on pain of partial nullity. Our flow handles sequential or parallel signature: each signer receives an individual secure link protected by SMS OTP and signs at their own pace from their phone.

10-year archiving included

Article 72 of the decree of July 20, 1972 requires the real estate agent to retain mandates for 10 years. Certyneo automatically archives the signed mandate + its eIDAS audit trail for this entire period, accessible in one click from your dashboard to respond to a CCI or DGCCRF audit.

Enforceable eIDAS audit trail

Each mandate is delivered with a proof PDF: identity of signers, qualified timestamp, SHA-256 hash, IP geolocation, SMS OTP verification. Enforceable in case of dispute over commission, duration, exclusivity or powers conferred.

Sign a sales mandate in 4 steps

From mandate preparation to legal archiving, in less than 5 minutes.

1. Prepare the mandate
Upload your existing PDF or start from a template compliant with Hoguet law (T card, financial guarantee, duration, net seller price, commission, exclusivity or not, termination conditions).
2. Add the signers
Real estate agent + owner(s). In co-ownership or community, add all co-owners. Each receives a personalized secure link by email.
3. Choose the eIDAS level
Advanced signature (AES) recommended for real estate transactions: identity verification by 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 mandate + proof PDF are automatically archived for 10 years, accessible anytime.

Frequently asked questions

Can a real estate sales mandate be signed electronically?: Yes, without restriction. Hoguet law does not require handwritten signature: only the mentions of article 1 of the decree of July 20, 1972 are mandatory (T card, financial guarantee, duration, net seller price, commission). Article 1366 of the Civil Code grants electronic signature the same value as paper signature as soon as signer identification and document integrity are guaranteed.
Which signature level to choose: SES, AES or QES?: For a real estate sales mandate, advanced signature (AES) is the professional standard. It provides a strengthened presumption of reliability thanks to identity verification (SMS OTP) and a unique certificate per signer. QES is reserved for the authentic deed of sale before a notary; SES (simple signature) is undersized given the financial stakes of the mandate.
What to do in case of co-ownership, co-ownership or married couple?: All co-owners must sign the mandate on pain of partial nullity (art. 815-3 Civil Code for co-ownership; art. 1424 Civil Code for community between spouses). Certyneo''s multi-signer flow handles sequential or parallel signature. Each signer receives their personal link with SMS OTP to their own number.
What is the maximum duration of a sales mandate?: The duration is freely set by the parties within the limit of 30 years (art. 73 of decree no. 72-678). In practice, most non-exclusive mandates are concluded for 3 months renewable, and exclusive mandates for 3 months irrevocable then non-exclusive. Beyond 3 months, the principal may terminate with 15 days'' notice by registered mail.
What are the mandatory mentions of a sales mandate?: Complete identity of the parties, professional T card number of the agent, organization and amount of financial guarantee, precise duration, net seller price, commission amount or rate and which party bears it, exclusivity or not, termination conditions, designation of the competent court.
Does the exclusive mandate have a different legal regime?: Yes — the exclusive mandate (art. 78 of the decree of July 20, 1972) must include an exclusivity clause in a separate box on the front of the mandate, and specify its irrevocability period (often 3 months). The non-exclusive mandate allows the owner to sign multiple mandates and sell themselves; the exclusive mandate prohibits both possibilities on pain of penalty.
Can an electronically signed sales mandate be terminated?: Yes — termination follows the same rules as for a paper mandate: respect the notice period set in the contract (15 days for most mandates beyond 3 months), notification by registered mail or any means provided in the mandate. Termination can itself be signed electronically.
Is the electronically signed mandate enforceable in courts?: Yes — French case law unanimously recognizes eIDAS-compliant electronic signatures. The presumption of reliability in article 1367 of the Civil Code makes the advanced signature (AES) enforceable without further proof, provided the eIDAS audit trail is produced in court (proof PDF automatically delivered by Certyneo).

Sign your first sales mandate online

Permanent free plan (5 envelopes / month), without credit card. Compliant with Hoguet law and eIDAS. Audit trail and 10-year archiving included.

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What is a real estate sales mandate?

Why sign the mandate electronically?

Identical legal value

Multi-signers (couple, co-ownership)

10-year archiving included

Enforceable eIDAS audit trail

Sign a sales mandate in 4 steps

1. Prepare the mandate

2. Add the signers

3. Choose the eIDAS level

4. Sign and archive

Frequently asked questions

Also read

Sign your first sales mandate online