Everything you need to know about the exclusive sales mandate when selling property in Switzerland

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The exclusive sales mandate is a popular option among property owners wishing to sell under optimal conditions. This type of sales mandate offers advantages for both the seller and the appointed real estate agency.

Thanks to the exclusivity of the sale, the agency can dedicate all its resources to the marketing of the property, ensuring comprehensive support and expert advice to achieve a fast sale at the best price. However, this type of contract also places certain obligations on the seller. What are they?

In this article, you will find answers to the most frequently asked questions about the exclusive sales mandate in Switzerland.

What is an exclusive sales mandate in Switzerland?

An exclusive sales mandate is a contract by which a property owner entrusts the sale of their property to a single real estate agency for a defined period. During this time, the agency holds exclusive rights to the sale and commits to deploying all necessary means to complete the transaction under the best possible conditions.

In return, the owner cannot sell the property independently or appoint other agencies during the mandate period.

What are the advantages of an exclusive mandate?

Choosing an exclusive mandate offers several benefits for sellers:

  • Full commitment from the agency: the agency implements an optimised marketing strategy to achieve a fast sale at the best possible price.
  • Personalised support: the seller benefits from close monitoring and professional advice throughout the entire process.
  • Shorter selling time: in Switzerland, a property under an exclusive mandate typically sells in three months, compared to four to six months with a simple mandate.
  • Better property presentation: the agency can invest more in promotion (high-quality photos, home staging, targeted advertising, etc.).
  • More secure transaction: the agency screens potential buyers and ensures the seriousness of their offers.

What are the disadvantages of an exclusive mandate?

While the exclusive sales mandate has many advantages, it also comes with certain constraints:

  • Strict contractual commitment: the seller cannot sell the property independently or work with other agencies during the mandate period.
  • Commission payable even in case of direct sale: if the seller finds a buyer on their own, they must still pay the agency’s commission.
  • Risk of lower agent involvement: some sellers fear that, since the agency already holds exclusivity, it may not put in sufficient effort to accelerate the sale. However, this situation is rare and generally depends on the professionalism of the chosen agency.

Alternative: the semi-exclusive mandate offers an interesting compromise. It allows the owner to sell the property themselves while granting exclusivity to a single agency. However, they cannot appoint several agencies at the same time.

What is the duration of an exclusive mandate in Switzerland?

The duration of an exclusive mandate generally ranges from three to six months, depending on the agreement with the agency. This period allows the agency to implement an effective strategy and maximise the chances of selling.

That said, it is possible to negotiate the duration with the agency to adapt it to the seller’s expectations.

Can an exclusive mandate be terminated before its expiry?

In Switzerland, a sales mandate may be terminated at any time in accordance with the Swiss Code of Obligations. However, to avoid disputes, it is advisable to respect the duration initially agreed with the agency.

FAQ on the exclusive sales mandate

Can an exclusive mandate be converted into a simple mandate?

No, an exclusive mandate cannot be converted into a simple mandate before its expiry. Once the mandate period has ended, however, the owner may choose to switch to a simple mandate and appoint several agencies.

Can the owner sell their property independently after signing an exclusive mandate?

No, the owner cannot sell their property themselves while the exclusive mandate is in force, even if they personally know a buyer.
If the seller wishes to retain the option of selling independently, they should opt for a semi-exclusive mandate, which offers more flexibility.

Is an exclusive mandate a good strategy to sell a property?

An exclusive mandate is an excellent option if:
You want personalised and efficient support.
You do not have direct buyer contacts.
You trust a competent agency.
On the other hand, if you prefer to maintain maximum freedom in managing your sale, a simple mandate may be more appropriate.

Should you give exclusivity to one real estate agency?

The choice depends on the seller’s needs and expectations. Key points to consider include:
Better follow-up and commitment: the agency manages the entire process and provides tailored support.
Increased visibility: a property sold under exclusivity often benefits from stronger marketing.
Enhanced credibility: working with a single agency avoids giving the impression that the property is difficult to sell.
Agent’s priority: the estate agent has every interest in selling your property quickly and at the best price to secure their commission.

In most cases, the exclusive mandate is synonymous with speed and efficiency. However, it is crucial to choose the right agency and clearly define the contract terms before committing.

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