This article is for general information only. You should not act or refrain from acting in reliance of it. You should always obtain professional advice on the facts of your particular case. Nothing in this article constitutes financial advice. The owner of this site accepts no liability.

 

When selling estate agents ask you to sign a "mandat" usually presented as a standard printed document. This is not the same as a contract appointing an agent in England. It should be read carefully which is usually not the case.

 

The mandat usually gives the agent a specified time in which to sell the property though you may have to give written notice to terminate it. There may also be a provision entitling the agent to a commission even after the period has expired so you could be liable for 2 commissions.

 

Typically all enquiries have to be directed to the agent so you pay a commission even if you sell privately.  You should have a requirement in the mandat that the names of all visitors are sent to you in writing.  Otherwise if you terminate the mandat and a second agent ends up selling to someone who allegedly already viewed the property via the first agent a double commission may be due.

 

Some mandats give the agent power to sign the contract on your behalf if the minimum stated price is offered. This is best deleted so you can control the sale.

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