Sign an exclusive real estate mandate online
Exclusive mandate between a selling owner and a real estate agent, granting the latter the exclusive right to present and sell the property during a period of irrevocability (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
- Art. 78 decree 72-678
- Signature level
- eIDAS AES 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 may neither appoint another agent nor sell directly without paying the commission. Article 78 of decree no. 72-678 of 20 July 1972 requires that the exclusivity clause appear in a distinct box on the front of the mandate, with mention of its irrevocability period.
Why sign the exclusive mandate electronically?
Traceable 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 the 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 under penalty of partial unenforceability. Our workflow handles sequential or parallel signing, with 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 20 July 1972, the real estate agent must retain 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 commission dispute.
Enforceable eIDAS audit trail
Each exclusive mandate is delivered with a proof 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 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 of decree 72-678: the exclusivity clause MUST appear in a distinct box on the front with mention of the irrevocability period.
2. Add the signatories
Real estate agent + 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 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 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?
- The simple mandate allows the owner to sign multiple mandates with different agents and sell themselves. The exclusive mandate prohibits both options during its irrevocability period: if the owner sells outside the appointed 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-day termination notice. The law does not impose a maximum (legal limit 30 years per decree 72-678); beyond 3 months, the mandator may terminate with 15-day 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 distinct box on the front of the mandate, with mention of the irrevocability period. Failing this, 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 unique certificate per signer.
- What happens if the owner sells 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 included 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 termination timing. Any clause must be visible and accepted.
- Can an exclusive mandate be terminated during the irrevocability period?
- No, by definition — that is what distinguishes the exclusive mandate from the simple mandate. Early termination during irrevocability is only possible for serious agent misconduct or by agreement of the parties. At the end of the irrevocability period, termination is free with notice.
- Is the electronically signed exclusive mandate enforceable?
- Yes — French case law recognizes eIDAS-compliant electronic signature. Advanced signature (AES) benefits from the reliability presumption (article 1367 Civil Code): the agent can produce the Certyneo audit trail to enforce the commission due in case of exclusivity clause violation.
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.