Semi-exclusive mandate: definition, commitment and advantages
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The semi-exclusive sales mandate is a less well-known option compared to the simple mandate and the exclusive mandate, but it can represent a valuable compromise. By entrusting the sale of their property to a single agency while still retaining the option to sell independently, the seller benefits from a balance between professional support and personal freedom.
However, this type of mandate also has its limitations, which should be clearly understood before making a decision.
What is a semi-exclusive mandate?
Sales mandate: an essential reminder
A sales mandate is a contract that binds the property owner (principal) to a real estate agent (representative). This document formalises the marketing of the property and allows the agent to put it on the market.
There are three types of sales mandate:
- Simple mandate: allows the seller to entrust the sale to several agencies while still being able to sell directly.
- Exclusive mandate: restricts the sale to a single real estate agency.
- Semi-exclusive mandate: an intermediate solution.
This contract specifies key elements such as the details of the parties, the description of the property, its price, the duration of the mandate, the agency fees, and the actions carried out by the agent.
Semi-exclusive mandate: definition
The semi-exclusive mandate lies between the simple and exclusive mandate. It allows the seller to entrust the sale to a single agency while retaining the possibility of selling independently (from individual to individual).
If the seller finds a buyer without the agency’s help, they are not required to pay commission, unless a reduced fee has been specified in the contract. However, as long as the mandate is active, the seller is not allowed to appoint another real estate agency.
The commitments of a semi-exclusive mandate
Once signed, the semi-exclusive mandate commits the seller to:
- Not appoint another real estate agency during the contract period (generally three months).
- Not sell to a buyer introduced by the mandated agency without paying the agreed commission.
- Sign visit reports, allowing the origin of potential buyers to be traced.
However, if the seller finds a buyer without the agency’s involvement (via a private listing or word-of-mouth), they are not liable for agency fees.
What are the advantages of a semi-exclusive mandate?
The semi-exclusive mandate combines the best of both worlds: it offers the seller the dedicated support of an agency while still allowing them to sell the property independently. Its key advantages include:
- Tailored professional support: the agent uses their expertise to value your property at the right price, maximising your chances of selling.
- Greater visibility through professional networks: agencies have privileged distribution channels and a wide network of potential buyers, significantly boosting the reach of your listing.
- Impactful and attractive listings: agents prepare optimised listings with professional photos to capture buyers’ attention.
- Simplified administrative management: the agent handles the sales file, including all legal documents and required diagnostics.
- Time saving through managed viewings: the agent conducts viewings, providing a neutral and objective perspective on your property.
- Rigorous buyer screening: the agency checks the solvency of buyers to secure the transaction.
- Support in negotiation and through to signing: the estate agent assists during negotiations and ensures follow-up until the final deed of sale.
What must a semi-exclusive mandate include?
Every sales mandate must comply with a strict legal framework and include several key elements:
- Identity of the estate agent
- Professional licence number
- Chamber of commerce and industry that issued the licence
- Details of their financial guarantee
- Professional licence number
- Identity of the property owner
- Name and contact details of the seller
- Identification of co-heirs in the case of an inheritance
- Name and contact details of the seller
- Property details
- Address and full description
- Address and full description
- Purpose of the mandate
- Type of mandate (sale, search, etc.)
- Type of mandate (sale, search, etc.)
- Duration of the mandate
- Usually set at 3 months, with tacit renewal unless formally terminated
- Usually set at 3 months, with tacit renewal unless formally terminated
- Property price
- Market value excluding agency fees
- Possible negotiation range
- Market value excluding agency fees
- Agent’s commission
- Amount or percentage to be defined according to the canton
- Indication of who is responsible for payment (seller or buyer)
- Amount or percentage to be defined according to the canton
- Marketing methods used
- Strategy for promoting and advertising the property
- Strategy for promoting and advertising the property
- Mandate registration number
Note: Before any property is marketed, the mandate must be signed by both the seller and the estate agent.
Should you choose a semi-exclusive mandate?
The semi-exclusive mandate offers greater flexibility than an exclusive mandate, particularly by allowing a direct sale between private individuals. However, it prevents you from changing agency before the contract expires if the agency’s work does not meet your expectations.
The exclusivity of an agency can enhance a property’s appeal by positioning it as a rare opportunity, but it can also be restrictive. The semi-exclusive mandate, sometimes referred to as a “non-compete mandate”, provides an interesting alternative, combining the benefits of exclusivity with a degree of freedom. Moreover, if the agency’s service does not meet your standards, you can turn to another professional once the defined period has ended.
Ultimately, regardless of the mandate type, the quality of service should not be affected. The agency’s goal remains the same: to sell your property quickly and at the best price.
Entrust the sale of your property to FGP Swiss & Alps
With FGP Swiss & Alps, you benefit from tailored support and a bespoke sales strategy. Thanks to our expertise in the luxury real estate market, we maximise your property’s visibility and select qualified buyers.
Contact us today to discuss the best option for selling your luxury property with a semi-exclusive mandate.
FAQ on the semi-exclusive sales mandate in Switzerland
What is a semi-exclusive sales mandate?
A semi-exclusive mandate is a contract that binds a property owner to a single real estate agency, while still allowing the owner to sell the property independently. It is therefore a compromise between a simple and an exclusive mandate.
What is the difference between a simple, exclusive and semi-exclusive mandate?
Simple mandate: several agencies may market the property, and the seller may also sell directly.
Exclusive mandate: only one agency is appointed, and the seller cannot sell without going through it.
Semi-exclusive mandate: only one agency is appointed, but the seller may conclude a direct sale without agency fees (unless a special clause is included in the contract).
What commitments does the seller have under a semi-exclusive mandate?
Not to appoint other agencies during the contract period.
Not to sell to a buyer introduced by the agency without paying commission.
To sign visit reports to trace the origin of potential buyers.
What are the advantages of a semi-exclusive mandate?
Professional support: fair valuation, personalised advice.
Wide visibility: promotion through agency networks and specialised portals.
Optimised listings with professional photos.
Managed viewings and screening of solvent buyers.
Support in negotiations and follow-up until signing at the notary.
Flexibility: possibility to sell independently without commission (except for buyers introduced by the agency).
What must a semi-exclusive mandate in Switzerland include?
A sales mandate must include:
Identity of the real estate agent (licence number, issuing body, financial guarantee details).
Identity of the property owner (seller and any co-heirs).
Property details (address, description).
Duration of the mandate (usually three months, renewable).
Sale price and negotiation terms.
Amount or percentage of fees and who is responsible for payment (seller or buyer).
Marketing strategy planned.
Mandate registration number.
What are the disadvantages of a semi-exclusive mandate?
Inability to entrust the property to another agency before the contract expires.
Risk of dependence on an agency that does not provide the expected service.
Freedom to sell independently, but with greater responsibility (prospecting, visits, negotiation).
Should you choose a semi-exclusive mandate?
This type of mandate is particularly suitable for owners wishing to benefit from an agency’s expertise while retaining the option to sell directly. It is a flexible solution that combines professional support and personal freedom, but it requires choosing your partner agency carefully.
