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 to sell themselves. The exclusive mandate prohibits both possibilities during its irrevocability duration: if the owner sells outside the mandated agent, they must pay the full commission (penalty clause).

Mäd zämän gize exclusive mandate yewesäl?

Professional practice nä 3 months of irrevocability, followed by automatic transition to simple mandate with 15-day termination notice. The law does not impose a maximum (legal limit 30 years according to decree 72-678); beyond 3 months, the mandator can terminate with 15-day notice by registered letter.

Exclusive clause nä box kelomin yewesäl?

Ishi — article 78 of the decree of 20 July 1972 requires that the exclusive clause appear in a separate box on the front of the mandate, with mention of the irrevocability period. Otherwise, the clause is unenforceable and the mandate degenerates into a simple mandate.

Enzo signature level seliyu: SES, AES wäy'o QES?

Exclusive mandate kelomin, advanced signature (AES) nä recommended standard, given the financial stakes of the penalty clause. It provides enhanced reliability presumption through identity verification (SMS OTP) and unique certificate per signatory.

Enko yewesäl, property owner guday kä'ätä exclusive kä'ätä sell yä yeminit?

He must owe the full commission to the agent (penalty clause, consistent case law Cass. civ. 1st). This is the central issue of consent traceability to exclusivity: without solid proof of signature, the agent may lose his recourse.

Trial period änd exclusive mandate kelomin yä'ätä?

Ishi — common practice is to provide 3 months of irrevocability then automatic switch to simple mandate, or alternatively an exclusive clause with degressive penalty depending on termination timing. Any clause must be visible and accepted.

Exclusive mandate irrevocability kä'ätä yä'ätä yinähal?

Ayu, by definition — this is what distinguishes exclusive mandate from simple mandate. Early termination during irrevocability is only possible for serious breach by agent or by agreement of parties. At the end of irrevocability period, termination is free with notice.

Electronically signed exclusive mandate yä'ätä yä'ätä enforceable?

Ishi — French case law recognizes eIDAS-compliant electronic signature. Advanced signature (AES) benefits from reliability presumption (art. 1367 Civil Code): the agent can produce Certyneo audit trail to assert commission due in case of exclusive clause violation.

Art. 78 decree 72-678 · exclusivity clause · eIDAS AES

Sign an exclusive real estate mandate online

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 (usually 3 months). Compliant with article 78 of the decree of 20 July 1972 (exclusivity clause in a separate box), advanced signature recommended, 10-year archival included.

Legal framework: Art. 78 decree 72-678
Signature level: AES eIDAS recommended
Legal archival: 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 cannot mandate another agent or 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 separate box on the front of the mandate, with mention of its irrevocability duration.

Why sign the exclusive mandate electronically?

Traced exclusivity clause

The legal challenge 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 under penalty of partial unenforceability. Our flow handles sequential or parallel signature, with each co-owner signing from their phone with their individual SMS OTP.

10-year archival 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: identity of signatories, qualified timestamp, SHA-256 hash, IP geolocation, SMS OTP. Enforceable in case of dispute over the exclusivity clause, its irrevocability duration, or the commission due.

Sign an exclusive mandate in 4 steps

From drafting the clause to legal archival, 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 duration.
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 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 + the 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 to sell themselves. The exclusive mandate prohibits both possibilities during its irrevocability duration: if the owner sells outside the mandated agent, they must pay the full commission (penalty clause).
Mäd zämän gize exclusive mandate yewesäl?: Professional practice nä 3 months of irrevocability, followed by automatic transition to simple mandate with 15-day termination notice. The law does not impose a maximum (legal limit 30 years according to decree 72-678); beyond 3 months, the mandator can terminate with 15-day notice by registered letter.
Exclusive clause nä box kelomin yewesäl?: Ishi — article 78 of the decree of 20 July 1972 requires that the exclusive clause appear in a separate box on the front of the mandate, with mention of the irrevocability period. Otherwise, the clause is unenforceable and the mandate degenerates into a simple mandate.
Enzo signature level seliyu: SES, AES wäy'o QES?: Exclusive mandate kelomin, advanced signature (AES) nä recommended standard, given the financial stakes of the penalty clause. It provides enhanced reliability presumption through identity verification (SMS OTP) and unique certificate per signatory.
Enko yewesäl, property owner guday kä'ätä exclusive kä'ätä sell yä yeminit?: He must owe the full commission to the agent (penalty clause, consistent case law Cass. civ. 1st). This is the central issue of consent traceability to exclusivity: without solid proof of signature, the agent may lose his recourse.
Trial period änd exclusive mandate kelomin yä'ätä?: Ishi — common practice is to provide 3 months of irrevocability then automatic switch to simple mandate, or alternatively an exclusive clause with degressive penalty depending on termination timing. Any clause must be visible and accepted.
Exclusive mandate irrevocability kä'ätä yä'ätä yinähal?: Ayu, by definition — this is what distinguishes exclusive mandate from simple mandate. Early termination during irrevocability is only possible for serious breach by agent or by agreement of parties. At the end of irrevocability period, termination is free with notice.
Electronically signed exclusive mandate yä'ätä yä'ätä enforceable?: Ishi — French case law recognizes eIDAS-compliant electronic signature. Advanced signature (AES) benefits from reliability presumption (art. 1367 Civil Code): the agent can produce Certyneo audit trail to assert commission due in case of exclusive clause violation.

Elu kä'ätä kemätä

Sign your first exclusive 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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