Selling through an estate agent: the brokerage contract

Exclusive or non-exclusive

• Non-exclusive: you can entrust your property to several agencies, or sell it yourself. The contract can be open-ended, provided the notice period is stated and does not exceed 2 months.
• Exclusive or co-exclusive: only this agency (or this group of agencies) can represent you. The IPI writes that “the term of the contract is a maximum of 6 months”.

A penalty clause can sanction a breach of exclusivity (for example if you sell through another channel). It cannot exceed 75% of the commission.

Tacit renewal

A fixed-term contract can be extended automatically. The clause must then:

• appear on the first page, in bold, in a separate box;
• state the last date for objecting to it, at the latest 1 month before the end of the contract.

Once extended, you can end it at any time, without compensation, with a notice period of at most 1 month if the initial term was 3 months or less, or at most 2 months if it was longer.

Terminating the contract

The contract must always allow you to terminate “without having to give a reason”. Any compensation is capped:

These caps are maximums set by the decree. The contract can provide for less. If the agency introduced candidates and a commission is due for a sale to one of them, it must give you their names “within 7 working days” after the end of the contract.

The 14-day right of withdrawal

You have 14 calendar days to withdraw, without giving reasons. A clause that removes this right is void. If the contract is concluded at a distance or off-premises, the agent must attach a model withdrawal form, which you are not obliged to use.

You can ask in writing for the agent to start work during this period. You then acknowledge, in a separate signed statement, that you lose the right to withdraw once the assignment has been fully performed. Only sign this statement if you are sure you want to start straight away.

Remuneration

The contract must state the agent’s commission as a total price: VAT included, with all other taxes and all mandatory service charges. So compare amounts including all taxes. The pages consulted do not set a percentage: the rate is a clause of the contract.

Other mandatory points:

• if the commission is due on receipt of a valid offer, that offer must be made on a durable medium;
• the contract must state that no fee or commission is charged if the sale fails because of a suspensive or resolutive condition;
• you are informed at least once a month, on a durable medium, of the progress of the assignment.

What the contract must describe

• the agent’s assignment and powers, under a single heading: can the agent sign on your behalf? which advertising channels will be used?
• the exact date and address of signing (commune, street, number), not a pre-printed mention;
• as an annex, the list of required certificates, such as the EPB certificate (PEB).

Also read the seller’s list of documents: see the steps to sell your home.

Which professional to consult

Before signing, you can check the estate agent with the IPI. A notary can review the brokerage contract and the sale agreement that will follow: see the sale agreement. For a clause that seems unfair to you, a legal adviser can help.