Selling property myself after mandate with agent
We signed a deal for an exclusive mandate with an estate agent but after several months she has not sold the property. Can I get rid of her as agent and try to sell it myself? B.L.
There are two main kinds of mandate: the mandat simple, where you can sign with several agents, retain the option to sell yourself and, if an agent finds a buyer, sell through them and they get the commission.
The mandat exclusif is where you deal with one agent who has exclusive rights to find a buyer and handle the sale. This allows the agent to invest time into finding a buyer and also to fit sale signs, place adverts and advise on a sale.
An exclusive contract, should be for no more than three months. It should detail cancellation conditions, the property price, commission and which party pays.
The exclusive mandate always has a time limit and it is normal for this to roll over by joint agreement but you should receive an option to cancel at least a month before this happens.
In any case, you can cancel at any time after three months from the signature.
To do so, you must send a lettre recommandée avec avis de réception to the agent. The résiliation takes effect two weeks after the letter has been received and you are then free to find your own buyer.
Be aware that if you find a buyer while still under contract you must pay the agent the commission as agreed.
Question answered by Sarah Bright-Thomas of Bright Avocats
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