The real estate sales mandate is a mandatory document that contractualizes the relationship between the seller of a property and the agent who will handle the sale. It is essential to sign it beforestarting any sales procedure with a real estate agency. However, sometimes circumstances change our minds and we feel the need to break the contract that binds us to the agency. What is the deadline for withdrawal? Under what conditions? Here are some answers regarding the withdrawal period of a real estate mandate.
How long do I have to withdraw from a sales mandate?
Since March 14, 2014, the Hamon law on consumption imposes a withdrawal period of 14 days instead of the 7 initially planned, in order toprotect owners. Nevertheless, this withdrawal period can only intervene in the event that the mandate of sale or rental has been signed following a doorstep canvassing by a real estate agent. Therefore, if you signed a mandate after going to a real estate agency to put your property for sale, this period does not apply. The same applies to mandates signed at a trade show or fair.
Note that the 14-day period takes effect the day after the real estate mandate is signed, regardless of its nature. If the deadline expires on a Saturday, Sunday or public holiday, it will be extended to the next working day.
What are the withdrawal procedures?
The purpose of the withdrawal period is to protect consumers. During doorstep selling, an owner who wishes to sell his property may be caught off guard. He could therefore decide to sign a sales mandate on a whim. The law thenreviews that this owner has additional time to reflect on whether or not he really wants to sell according to the terms of the signed mandate; it does not matter whether it is a simple or exclusive mandate. He then has 14 days, compared to 7 before 2014, to retract. If the seller has moved to a real estate agency in order to sell his property, it is considered that he is in full possession of his means. This decision is a thoughtful and voluntary act.
If thesignature took place at the owner’s home, or more generally outside the agency, the latter must check that the mandate he is about to sign includes a withdrawal coupon. This tear-off document contains information about the agency, such as its contact details and legal notices. If the mandate does not include a withdrawal form, it is advisable not to sign anything under penalty of seeing his right to withdrawal be null and void. As a reminder, you do not have to justify your decision and the real estate agent does not have to require you to provide specific conditions for the termination of the contract.
What procedure to follow to withdraw from a sales mandate?
To withdraw from a sales mandate, the owner mustreturn the withdrawal form before the expiry of the 14-day period. The form must be carefully completed and signed.
For more security, do not hesitate to send your mail to the real estate agency by letter rordered with acknowledgment of receipt, or to deliver it by hand.
