Model of real estate mandate delegation between two agencies. This template includes precise legal explanations and wording to cover all essential aspects of collaboration.
PREAMBLE :
Legal clarification:
Under article 1 of the Hoguet law of January 2, 1970, real estate professionals can delegate a sales mandate to another professional holding the T card. Although writing is not obligatory , it is highly recommended to avoid any dispute or ambiguity. This writing formalizes the respective commitments of the parties and specifies the conditions for exercising the delegation.
This contract therefore aims to formalize the delegation of a real estate mandate , by defining the obligations of each of the agencies for the sale of the property detailed below.
The Court of Cassation , in its judgment of January 9, 2019 (n°17-27841) , confirmed that the Hoguet law of January 2, 1970 does not apply to relations between real estate professionals . Consequently, the delegation of mandate can be verbal and does not require any mandatory written formalization . However, it is strongly recommended to formalize this agreement in writing to clarify the commitments of each party and avoid any ambiguity.
REAL ESTATE MANDATE DELEGATION CONTRACT BETWEEN AGENCIES
BETWEEN THE UNDERSIGNED PARTIES:
1. THE PRINCIPAL AGENCY (DELEGANT)
- Company name : [Name of commissioning agency]
- Legal status : [SARL, SAS, EI, etc.]
- Head office address : [Full address]
- RCS : [Registration number]
- Professional card : No. [T card number] issued by the [competent CCI]
- Represented by : [Name and first name of legal representative], acting as [Function: manager, director, etc.]
- Telephone : [Phone number]
- Email address : [Contact email]
Hereinafter referred to as “The Mandating Agency” , or “Delegator” ,
2. THE MANDATORY AGENCY (DELEGATE)
- Company name : [Name of delegated agency]
- Legal status : [SARL, SAS, EI, etc.]
- Head office address : [Full address]
- RCS : [Registration number]
- Professional card : No. [T card number] issued by the [competent CCI]
- Represented by : [Name and first name of legal representative], acting as [Function: manager, director, etc.]
- Telephone : [Phone number]
- Email address : [Contact email]
Hereinafter referred to as “The Mandatory Agency” , or “Delegate” ,
ARTICLE 1 – PURPOSE OF THE DELEGATION
1.1. Description of the real estate
The delegation concerns the property described as follows:
- Type of property : [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 diagnostics provided: [DPE, 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 Mandating Agency authorizes the Mandatory Agency to:
- Search for a potential buyer.
- Publish real estate advertisements on its communication media.
- Organize and ensure visits to the property.
- Negotiate with potential buyers.
- Transmit all offers to the Mandating Agency for validation.
ARTICLE 2 – DURATION OF 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:
- Send to the Mandatory Agency a copy of the initial signed mandate.
- Provide all necessary documents relating to the property:
- Mandatory technical diagnostics.
- Title deed.
- Detailed plans and descriptions.
- Guarantee the legal validity of the initial mandate.
- Immediately inform the Mandatory Agency of:
- Any modification of the initial mandate.
- Any current purchase offer.
3.2 Obligations of the Mandatory Agency
The Mandatory Agency undertakes to:
- Respect the conditions of sale defined in the initial mandate (price, fees, etc.).
- Ensure a active marketing good:
- Dissemination of announcements on its communication media (websites, specialized portals, etc.).
- Professional presentation of the property (photos, virtual tours, etc.).
- Ensure visits to potential buyers.
- Immediately transmit to the Mandating Agency all written offers from prospective buyers.
- Do not modify the terms of the mandate without prior authorization.
ARTICLE 4 – FEES AND DISTRIBUTION
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 Distribution of fees
In the event of a sale, the distribution of fees will be carried out as follows:
- [X%] for the Mandating Agency.
- [X%] for the Mandatory Agency.
4.3 Payment terms
The fees will be paid upon signature of the authentic deed at the notary. The notary will proceed directly to the distribution agreed 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 Mandatory Agency is responsible for the procedures carried out within the framework of this delegation, in particular:
- The quality of the information provided to buyers.
- Compliance with legal obligations in terms of transparency and publicity.
ARTICLE 6 – CONFIDENTIALITY
The parties undertake not to disclose any confidential information relating to:
- To the real estate.
- 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 formal notice remains unsuccessful within [X days] .
ARTICLE 8 – DISPUTES
Any dispute relating to the execution of this contract will be submitted to the competent courts within the jurisdiction of the head 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 [Place], on [Date]
The Mandating Agency
[NAME, FIRST NAME, FUNCTION]
Signature and stamp
The Mandatory Agency
[NAME, FIRST NAME, FUNCTION]
Signature and stamp
APPENDICES
- Copy of the initial signed mandate.
- Documents relating to the real estate.
Note : This model covers in detail each aspect of a real estate mandate delegation. Before signing, it is advisable to have it validated by a legal professional specializing in real estate.
Our Complete File on the Delegation of Mandate between Real Estate Agencies
To address the theme of the delegation of mandate between real estate agencies , this file 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 good practices to adopt for successful collaboration.
Article 1: Introduction to the Delegation of Real Estate Mandate between Agencies
Explain what 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 the delegation of mandate between real estate agencies allows you to expand sales or rental opportunities for luxury real estate.
Article 2: Why Delegate a Real Estate Mandate to Another Agency?
Analyze the reasons why an agency could delegate a mandate to another agency (for example, covering a specific geographical area, benefiting 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 Mandate 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 of the Real Estate Mandate Delegation”
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- Understand the essential legal aspects when delegating mandates between real estate agencies. Ensure 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 his property better exposed to a wider network of agents) .
“The Advantages of Mandate Delegation for Agencies and Owners”
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- Discover the advantages of real estate mandate delegation for real estate agencies and owners. Optimize your sales and rentals.
Article 5: Communication between Agencies: Should we Inform the Owner of the Mandate Delegation?
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 we inform the Owner of the Mandate Delegation?”
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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 current practices in terms of sharing fees between agencies when delegating a real estate mandate, as well as the criteria for distributing commissions.
“How to Manage the Sharing of Fees in the Delegation of Mandate?”
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- Find out how to manage the sharing of fees between real estate agencies as part of the delegation of mandate and optimize the distribution of commissions.
Article 7: How to Collaborate Well Between Agencies for a Successful Delegation of Mandate?
Provide practical advice for ensuring effective collaboration between 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 harmonious and professional collaboration between real estate agencies within the framework of a delegation of mandate.
Article 8: Errors to Avoid during the Delegation of Mandates between Agencies
Help agencies identify and avoid common mistakes when delegating a mandate to ensure smooth management and optimal results.
“Errors to Avoid When Delegating Mandates Between Agencies”
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- Learn to avoid common mistakes in the delegation of mandates between agencies and to optimize your collaboration for effective results.
Key tips for successful delegation of mandate
- Offer practical advice for successful delegation of mandate, including managing inter-agency relationships, honoring commitments and coordinating efforts to satisfy the client.
“The Keys to Successful Mandate Delegation”
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- Discover the essential advice to guarantee a successful delegation of mandate between real estate agencies and optimize your results together.
This file provides a complete overview of the delegation of mandate in the real estate sector, in particular between real estate agencies . It highlights the importance of good communication, fee management and legal obligations, whilst highlighting the benefits for agencies and owners. It is aimed at real estate agencies, offering them practical advice on how to collaborate effectively and avoid common mistakes.
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