Model for the delegation of a real estate sales mandate between agencies

Model for the delegation of a real estate mandate between two agencies. This model includes explanations and precise legal wording to cover all essential aspects of the collaboration.

REAL ESTATE MANDATE DELEGATION AGREEMENT BETWEEN AGENCIES

BETWEEN THE UNDERSIGNED PARTIES:

1. THE PRINCIPAL (DELEGANT) AGENCY

• Company name : [Name of the client agency]
• Legal status : [SARL, SAS, EI, etc.]
• Registered office address : [Full address]
• RCS : [Registration number]
• Professional card : No. [Card number] issued by the [competent Chamber of Commerce and Industry]
• Represented by : [Name and surname of the legal representative], acting in the capacity of [Position: manager, director, etc.]
• Telephone : [Phone number]
• Email address : [Contact email]

Hereinafter referred to as “The Mandating Agency” , or “The Delegating Agency” ,

2. THE AGENT (DELEGATOR)

• Company name : [Name of the delegated agency]
• Legal status : [SARL, SAS, EI, etc.]
• Registered office address : [Full address]
• RCS : [Registration number]
• Professional card : No. [Card number] issued by the [competent Chamber of Commerce and Industry]
• Represented by : [Name and surname of the legal representative], acting in the capacity of [Position: manager, director, etc.]
• Telephone : [Phone number]
• Email address : [Contact email]

Hereinafter referred to as “The Mandated Agency” , or “Delegate” ,

ARTICLE 1 – PURPOSE OF THE DELEGATION

1.1. Description of the property
The delegation concerns the property described as follows:

• Property type : [House, apartment, building, land, etc.]
• Address : [Full address of the property]
• Total area : [Number of m²]
• Detailed description :
  • Number of pieces: [X pieces]
  • Year of construction: [XXXX]
  • Amenities included: [Swimming pool, garage, cellar, elevator, etc.]
  • Technical assessments provided: [Energy Performance Certificate, lead, asbestos, etc.]
• Fixed selling price : [Amount in euros]

1.2. Nature of the initial mandate

• Initial mandate : Exclusive / Simple (check the relevant option)
• Date of signature of the initial mandate : [Date]
• Initial mandate number : [Reference number]
• Validity of the initial mandate : [Remaining duration of the initial mandate]

1.3. Scope of Delegation
By this contract, the Principal Agency authorizes the Agent Agency to:

• Looking for a potential buyer.
• Publish real estate advertisements on its communication channels.
• Organize and conduct property viewings.
• Negotiate with potential buyers.
• Submit all offers to the Mandating Agency for validation.

ARTICLE 2 – DURATION OF THE DELEGATION

This contract is concluded for a period of: [X months] .

The delegation takes effect from [Date] and will end on [End date] , unless renewed expressly agreed by both parties.

ARTICLE 3 – OBLIGATIONS OF THE PARTIES

3.1 Obligations of the Mandating Agency

The Mandating Agency undertakes to:

1. Send a copy of the original signed mandate to the Mandate Agency.
2. Provide all necessary documents relating to the property:
   • Mandatory technical diagnostics.
   • Title deed.
   • Detailed plans and descriptions.
3. To guarantee the legal validity of the initial mandate.
4. Inform the Mandated Agency immediately of:
   • Any modification to the initial mandate.
   • Any current purchase offers.

3.2 Obligations of the Mandated Agency

The Mandated Agency undertakes to:

1. Respect the sales conditions defined in the initial mandate (price, fees, etc.).
2. To ensure a active marketing of good:
   • Dissemination of advertisements on its communication channels (websites, specialized portals, etc.).
   • Professional presentation of the property (photos, virtual tours, etc.).
3. Conduct viewings with potential buyers.
4. all written offers from prospective buyers to the Mandating Agency without delay
5. Do not modify the terms of the mandate without prior authorization.

ARTICLE 4 – FEES AND ALLOCATION

4.1 Amount of fees
The transaction fees are set at [Percentage or amount in euros] of the sale price, in accordance with the initial mandate.

4.2 Allocation of fees
In the event of a successful sale, the allocation of fees will be as follows:

• [X %] for the Mandating Agency.
• [X %] for the Mandated Agency.

4.3 Payment Terms
Fees will be paid upon signing the authentic deed at the notary's office. The notary will then proceed directly with the agreed distribution between the agencies.

ARTICLE 5 – RESPONSIBILITIES OF THE PARTIES

5.1 Responsibility of the Mandating Agency

The Mandating Agency remains responsible to the seller for compliance with the terms of the initial mandate.

5.2 Responsibility of the Mandatory Agency

The Mandated Agency is responsible for the steps taken within the framework of this delegation, including:

• The quality of information provided to buyers.
• Compliance with legal obligations regarding transparency and publicity.

ARTICLE 6 – CONFIDENTIALITY

The parties agree not to disclose any confidential information relating to:

• Regarding the real estate.
• Regarding the identity of potential sellers and buyers.

This obligation will survive the termination of this contract.

ARTICLE 7 – TERMINATION

In the event of a serious breach of the obligations stipulated in this contract, termination may be pronounced after a formal notice has remained unsuccessful for [X days] .

ARTICLE 8 – DISPUTES

Any dispute relating to the execution of this contract shall be submitted to the competent courts within the jurisdiction of the registered office of the Mandating Agency.

ARTICLE 9 – GENERAL PROVISIONS

The parties declare that they have read the terms of this contract and accept them without reservation.

Done in duplicate, at [Location], on [Date]

The Mandating Agency
[LAST NAME, FIRST NAME, POSITION]
Signature and stamp

The Agency Representative
[LAST NAME, FIRST NAME, POSITION]
Signature and stamp

APPENDICES

1. Copy of the original signed mandate.
2. Documents relating to the property.

Note : This template covers every aspect of a real estate mandate delegation in detail. Before signing, it is advisable to have it reviewed by a legal professional specializing in real estate.

Our Complete Guide to the Delegation of Mandate Between Real Estate Agencies

To address the topic of delegation of mandate between real estate agencies , this dossier will focus on the relationships between real estate agencies, the interest of delegation, the legal aspects, the advantages for the different actors (delegating agency, delegated agency and owner), as well as the best practices to adopt for a successful collaboration.

Article 1: Introduction to the Delegation of Real Estate Mandates between Agencies

Explain what the delegation of mandate between real estate agencies is, how it works and why it can be an advantageous solution for agencies and clients.

“Understanding the Delegation of Mandate between Real Estate Agencies

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• Discover how delegating mandates between real estate agencies can expand sales or rental opportunities for luxury properties.

Article 2: Why Delegate a Real Estate Mandate to Another Agency?

Analyze the reasons why an agency might delegate a mandate to another agency (e.g., to cover a specific geographic area, to benefit from particular expertise, etc.).

“Why Delegate a Mandate to Another Real Estate Agency?”

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• Discover the advantages for a real estate agency of delegating a mandate to another agency. A strategic solution for optimized management.

Article 3: The Legal Framework for the Delegation of Real Estate Mandates between Agencies

Explain the legal aspects related to the delegation of mandate, in particular the signing of the mandate contract, the obligations of the delegating agency and the delegated agency, and the management of legal responsibilities.

“The Legal Framework for the Delegation of Real Estate Mandates”

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• Understand the essential legal aspects of delegating mandates between real estate agencies. Ensure a legal and transparent collaboration.

Article 4: The Interests of the Delegation for the Delegating Agency, the Delegated Agency and the Owner

Analyze the advantages for the delegating agency (which retains control of the property), the delegated agency (which benefits from an additional mandate) and the owner (who can see their property better exposed to a wider network of agents).

“The Advantages of Delegating Mandates for Agencies and Owners”

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• Discover the advantages of delegating real estate mandates for real estate agencies and owners. Optimize your sales and rentals.

Article 5: Communication between Agencies: Must the Owner be Informed of the Delegation of Mandate?

Discuss whether the agency holding the mandate should inform the owner of the delegation, and how to maintain transparent communication between all parties involved.

“Should the Owner be Informed of the Delegation of Mandate?”

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• Learn whether the delegating agency must notify the owner of the delegation of mandate and how to manage communication transparently.

Article 6: Sharing of Fees: How to Manage Commissions in the Case of a Delegation of Mandate?

Describe the common practices regarding the sharing of fees between agencies when delegating a real estate mandate, as well as the criteria for distributing commissions.

“How to Manage Fee Sharing in a Delegation of Mandate?”

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• Discover how to manage the sharing of fees between real estate agencies within the framework of the delegation of mandate and optimize the distribution of commissions.

Article 7: How to Collaborate Effectively Between Agencies for a Successful Delegation of Mandate?

Providing practical advice to ensure effective collaboration between the delegating and delegated agencies, as well as recommendations for establishing a relationship of trust.

“Tips for Successful Collaboration Between Real Estate Agencies”

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• Discover our key tips for establishing a harmonious and professional collaboration between real estate agencies within the framework of a mandate delegation.

Article 8: Mistakes to Avoid When Delegating Mandate Between Agencies

Helping agencies identify and avoid common mistakes in the context of a delegation of mandate to ensure smooth management and optimal results.

“Mistakes to Avoid When Delegating Mandate Between Agencies”

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• Learn how to avoid common mistakes in delegating mandates between agencies and how to optimize your collaboration for effective results.

Key tips for a successful delegation of authority

• Providing practical advice for successful mandate delegation, including managing inter-agency relationships, meeting commitments, and coordinating efforts to satisfy the client.

“The Keys to a Successful Delegation of Mandate”

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• Discover essential tips to ensure a successful delegation of mandate between real estate agencies and optimize your results together.

This guide provides a comprehensive overview of mandate delegation in the real estate sector, particularly between real estate agencies . It highlights the importance of effective communication, fee management, and legal obligations, while emphasizing the benefits for both agencies and property owners. It is aimed at real estate agencies, offering practical advice for effective collaboration and avoiding common pitfalls.

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