Exclusive Sale Mandate
Mandate registered under no.:
Between the undersigned:
Hereinafter referred to as “the Principal”
And:
SAS HOME SELECT – YOUR PROPERTY FINDER, with its registered office at 60 rue François 1er, 75008 PARIS, holder of the professional real estate license no. CPI 7501 2018 000 028 939 issued by the Paris Prefecture, registered with the Paris Trade and Companies Register under no. 531 223 931, not authorized to hold client funds, insured for professional liability with Suffren Assurances Associés, subject to VAT (no. FR23531223931), member of the French Federation of Property Finders, phone: +33 1 78 76 78 10, email: contact@homeselect.paris, represented for the purpose of this mandate by the property finder: [Full Name], acting as independent sales agent, registered with the RSAC of [City] under number [RSAC number], both duly authorized to enter into this mandate.
Hereinafter referred to as “the Agent”
IT IS HEREBY AGREED AS FOLLOWS:
Under this exclusive sale mandate, the PRINCIPAL grants the AGENT, who accepts, the authority to sell the following property/properties, owned by the Principal:
Property address:
Description (property type, co-ownership lot number, private surface area, etc.):
REGULATORY COMPLIANCE RELATING TO THE PROPERTY:
The PRINCIPAL agrees to provide all available documents, including: proof of ownership, Carrez surface measurement, technical diagnostic reports (as per Article L.271-4 of the French Construction and Housing Code), maintenance logbook of the building, and co-ownership documentation (financial status, AGM minutes, etc.).
If these documents are missing, the PRINCIPAL agrees to obtain them.
In all cases, the required documents must be available no later than 7 days after signing this mandate or at the time of signing the preliminary contract.
SALE PRICE:
The property will be presented, including agency fees, at the price of:
Amount in numbers:
Net selling price (excluding fees):
Amount in numbers:
AGENT'S REMUNERATION:
If the sale is concluded, the Agent's remuneration, inclusive of VAT, shall be:
This remuneration shall be borne by:
This remuneration becomes payable on the day the transaction is formalized in a single written agreement signed by both the buyer and seller.
If the preemption right is exercised, the preemptor shall be substituted in all rights and obligations of the buyer. Any fees due by the buyer shall be borne by the preemptor. This condition is mandatory.
ESCROW:
To ensure proper execution of the transaction, the buyer must pay a deposit not exceeding 10% of the total sale price upon signing the preliminary contract (Articles L.271-1 and L.271-2 of the French Construction and Housing Code).
AUTHENTIC DEED:
The PRINCIPAL declares that the property will be vacant and free of any lease, occupation, or requisition on the day of signing the deed of sale.
DURATION AND EXCLUSIVITY:
This mandate is granted WITH EXCLUSIVITY for a fixed period of 1 month from the date of signature.
Unless terminated, it will automatically be renewed WITH EXCLUSIVITY for a maximum additional duration of 12 months, after which it shall expire automatically.
Either party may terminate the mandate at the end of the initial period or during the renewal by giving 15 days' notice by registered letter with acknowledgment of receipt.
Exclusivity Clause (Art. 78 para. 2 of the Decree of July 20, 1972): "After a period of three months from its signing, this mandate may be terminated at any time by either party with 15 days' prior notice by registered letter with acknowledgment of receipt."
SPECIAL CONDITIONS:
DISCLOSURE OBLIGATIONS:
Each party shall disclose to the other any information that may materially affect the other's consent. In particular, the AGENT must have all information known to the PRINCIPAL necessary to comply with Article 1112-1 of the French Civil Code in relation to third parties.
AGENT'S OBLIGATIONS:
The AGENT agrees to:
Undertake all actions necessary to fulfill the assignment.
Negotiate, if needed, with any party holding a preemption right, while the PRINCIPAL retains the right to accept or refuse the final sale price.
Inform the PRINCIPAL in writing of any legal or financial relationships with any third party recommended by the AGENT.
AGENT'S AUTHORITY:
The PRINCIPAL grants the AGENT the following powers:
Propose, present, and show the property to any interested party.
Publish advertisements at the Agent's own expense.
Share the sale file with any colleague who may contribute to the transaction and delegate this mandate.
Request any necessary documents from public or private entities and carry out administrative procedures (e.g. zoning, urban planning, pre-sale declarations) directly or through the Principal's notary. Administrative costs shall be borne by the PRINCIPAL.
PRINCIPAL'S OBLIGATIONS:
The PRINCIPAL agrees to:
Respond to third-party inquiries regarding the Agent's authority under Article 1158 of the French Civil Code.
Ensure the AGENT has access to the property during the mandate.
Immediately report any material or legal changes to the property.
After the mandate ends, if the property remains available, the PRINCIPAL may resume marketing the property independently.
For 6 months after the mandate expires, notify the AGENT of any sale by themselves or another party, including the buyer's and notary's contact details by registered letter.
PENALTY CLAUSE – EXCLUSIVITY:
As an essential condition of this mandate, the PRINCIPAL agrees:
a. To sign a sales agreement at the agreed price and conditions with any buyer introduced by the AGENT.
b. Not to sell the property themselves or through another party during the mandate and to refer all interested buyers to the AGENT.
c. Not to enter into a sale within 6 months following the mandate with any buyer who visited the property through the AGENT.
d. In the event of breach, to pay the AGENT a lump-sum compensation equal to the agreed remuneration (Article 1231-5 of the French Civil Code).
CONSUMER DISPUTE MEDIATION:
The Agent informs the Principal that, in accordance with consumer law, they may contact the following mediator:
GROUPEMENT D’INTÉRÊT ÉCONOMIQUE IMMOMÉDIATEURS, Address: 55 avenue Marceau 75116 Paris, RCS: 818 344 780, Phone: +33 1 47 20 73 21, Website: conso.immomediateurs.com
RIGHT OF WITHDRAWAL (Articles L.221-18 to L.221-28 of the French Consumer Code):
As this contract is signed off-premises, the Principal has a 14-day withdrawal period starting from the date of signature.
A withdrawal form (including relevant articles) is attached to this mandate.
PRE-CONTRACTUAL INFORMATION:
The Principal acknowledges having received the pre-contractual consumer information prior to signing, which is attached to this mandate as Annex 1.
ELECTION OF DOMICILE:
For the execution of this agreement and its consequences, the parties elect domicile at their respective addresses indicated on page 1.
Note: Personal data contained in this agreement may be recorded in a computer file. Under the French Data Protection Act of January 6, 1978, the Principal, upon proof of identity, may object to such processing, or request rectification, update, or deletion of the data.
ANNEX 1: WITHDRAWAL FORM
To cancel your mandate, return this form to: HOME SELECT – 60 rue François 1er - 75008 PARIS
MANDATE CANCELLATION (Articles L.221-18 to L.221-26 of the Consumer Code)
Conditions: Complete and sign this form. Send it by registered letter with acknowledgment of receipt within 14 days of signing.
I, the undersigned: ____________________________________
Hereby cancel the sale mandate No. __________ dated ____________.
Made in _______________________, on _______________________.
Signature:
ANNEX 2: CONSUMER CODE (Ord. No. 2016-301 of March 14, 2016, effective July 1, 2016)
FORMATION OF CONTRACTS:
For off-premises contracts, the professional shall provide the consumer on paper or another durable medium:
Main service characteristics
Price details
Identity and contact information of the professional
Clear and comprehensible information per Articles L.111-1 and L.221-1 to L.221-17
RIGHT OF WITHDRAWAL:
Consumers have 14 days to cancel a contract signed at a distance or off-premises without justification, per Articles L.221-18 to L.221-28.
If the deadline falls on a weekend or public holiday, it is extended to the next business day.
ANNEX 3: PRE-CONTRACTUAL CONSUMER INFORMATION
Before signing a mandate, the professional must provide clear information, including:
Professional: HOME SELECT - VOTRE CHASSEUR IMMOBILIER
Member of the Fédération Nationale des Chasseurs Immobiliers
Head office: 9 rue du Quatre Septembre, 75002 Paris
License No.: T15423 (Paris Prefecture)
RCS No.: 531 223 931
Insured by: Suffren Assurances Associés
VAT: FR23531223932
Phone: +33 1.78.76.78.10
Email: contact@homeselect.paris
Legal Framework: Subject to the Hoguet Law (Law No. 70-9 of Jan 2, 1970) and Decree No. 72-678 of July 20, 1972. Also subject to the Code of Ethics (Decree No. 2015-1030 of Aug 28, 2015).
Services: By signing this mandate, you authorize us to sell the property identified therein.
Mandate Duration: 3 months minimum. After that, the mandate may be terminated with 14 days' notice by registered letter. If not, it is renewed for 12 additional months.
Remuneration: If a sale occurs, the AGENT is entitled to the fee specified in the mandate, payable upon signing the authentic deed. If the preemption right is exercised, the preemptor bears the buyer’s obligations, including fees.
Payment: By bank transfer.
Dispute Mediation: IMMOMÉDIATEURS, 69 Bld Malesherbes 75008 Paris, RCS: 818 344 780, Website: www.medicys.fr
Applicable Law: French law applies.
Right of Withdrawal: 14 days from the day after signing. May be exercised by sending a clear request by mail, fax, or email. Registered letter with acknowledgment of receipt recommended. Withdrawal ends both parties’ obligations. Execution of services only begins after withdrawal period unless waived by explicit request. Right remains valid
unless the Agent has fully performed the mandate.
END OF MANDATE.