A1 REAL ESTATE

Is the duration of a mandate limited?



The duration of a mandate is necessarily limited in time, whether it is a simple or exclusive mandate, in no case does it have the function of being perpetual. Whatever it is, simple or exclusive, any mandate must, under penalty of nullity, therefore clearly and precisely indicate its period of validity.

The real estate mandate given to an estate agent or real estate negotiator is governed in France by Law 70-9 of 2 January 1970, the decree of 20 July 1972 and the order of 15 September 1972.

A mandate is a contract by which an owner gives an agent a particular power over his or her property.

In real estate, there are 4 types of mandate: 
  • The sale mandate (owner wishes to put his property up for sale)
  • The search mandate, corresponding to someone who is looking for a property to rent or to buy (future tenants and future buyers)
  • The rental mandate signed by the owner who wishes to rent out his property
  • The management mandate which allows the estate agent or property negotiator to manage the owner's property throughout the lease.

As soon as the conclusion takes place outside the premises where the professional works (Hamon law of 17 March 2014), the conclusion of the mandate is subject to a right of withdrawal.

The law allows for a period of 14 days from the signing of the mandate to retract. This does not apply if the mandate was signed at the agency
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