Real estate search mandate: what are you committing to?

Understanding the real estate search mandate

When you ask a real estate professional (usually an apartment hunter) to find you a property (apartment, house, loft, pied-à-terre, etc.), you sign a search mandate. What commitments does this entail, for both the buyer and the professional?

It's important to understand what this contract entails before committing yourself. The search mandate sets out the obligations of both parties, and guarantees a professional and efficient approach to the property search.

What is a real estate search mandate?

The mandat de recherche immobilier is a written contract signed between an individual (the buyer) and a real estate professional, usually an apartment hunter. This document formalizes the relationship between the two parties and sets out the conditions under which the professional undertakes to search for a property corresponding to his client's expectations.

Legal definition and role of the mandate

In accordance with the French Hoguet law, which governs the real estate professions in France, a search mandate is mandatory for any search mission carried out by a professional. It guarantees the transparency of the commitments made by each party, and provides legal security for the apartment hunter's intervention.

The mandate must include several elements

• the identity of both parties (the buyer and the professional);
  
• a description of the search criteria: type of property, location, budget, etc;
  
• the professional's fees and terms of remuneration;
  
• the period of validity of the mandate, with or without tacit renewal;
  
• the mandate must be numbered and dated.
  

Simple or exclusive mandate: what are the differences?

There are two main types of search mandate:

• The simple mandate : the buyer can entrust his search to several professionals and take the necessary steps on his own. This is a flexible option, but it's less binding, and can result in a dispersion of effort. Most apartment hunterswork exclusively with exclusive search mandates.
  
• Exclusive mandate: here, the professional has exclusive rights to the mission. In return, he or she is fully committed to meeting the buyer's expectations. This formula is often preferred by buyers seeking tailor-made support and access to rare or off-market properties.
  

The advantages of a search mandate

The search mandate offers a number of advantages to help you realize your acquisition project:

• Time-saving: save hours of research and avoid unnecessary visits.
  
• Efficiency: in tight areas, the apartment hunter will position himself on properties as soon as they become available, or even on off-market properties. The time spent looking for the ideal property is greatly reduced.
  
• Expertise: the real estate expert in charge of your search mandate defends your interests and won't let good opportunities pass you by. He or she can also help you find a mortgage, negotiate property deals, advise you on co-ownership, assist you when signing contracts of sale and carry out building work.
  

By signing this real estate mandate, the buyer commits to a structured and efficient approach, while benefiting from legal protection.

The apartment hunter's obligations

Once the search mandate has been signed, the property hunter undertakes to provide a service tailored to the buyer's needs.

Active, targeted property search

The flat hunter undertakes to mobilize his expertise and network to find properties corresponding to the criteria defined in the mandate. This search is far from random:

• In-depth analysis of the buyer's expectations: the search criteria are set out in a set of specifications detailing the location, type of property, budget and services required.
  
• Tailor-made prospecting, including off-market properties (outside the public market).
  
• Identification of properties that best meet the buyer's needs.
  

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This commitment guarantees a proactive and efficient search, saving time and increasing your chances of success.

Personalized support throughout the process

Beyond the search, the property hunter is a partner for every stage of the project. This includes

• organizing visits according to the future buyer's availability;
  
• analyzing the properties on offer (quality, price, potential, any defects);
  
• negotiating with sellers to obtain the best price and the most advantageous conditions for the buyer.
  

Our comprehensive service is designed to simplify the process for the buyer, while providing high-quality expertise.

Regular progress reports

The property hunter regularly informs his client of the progress of the search. These reports include :

• an update on properties found and visited;
  
• an explanation of the choices made and the results obtained;
  
• recommendations for adjusting search criteria, if necessary, in line with market realities.
  

This ongoing communication is essential to maintain a relationship of trust and ensure that the buyer's expectations are met.

Compliance with legal and ethical obligations

As a real estate professional, the hunter is bound by the rules imposed by the Hoguet law:

• hold a valid professional licence ;
  
• respect the confidentiality of information provided by the buyer;
  
• not to exceed the limits set by the search mandate, particularly in terms of duration or criteria.
  

Failure to comply with these obligations may result in the buyer calling into question the real estate hunter's rates.

The commitments of the client signing the search mandate

By signing a property search mandate, the future buyer undertakes to respect certain obligations towards the apartment hunter. These commitments, written into the contract, guarantee a smooth and efficient collaboration in the search for the ideal property. Here are the main aspects to which the client is bound.

Obligation to pay in the event of success

The search mandate stipulates that the apartment hunter's fees are payable only in the event of success. This clause also protects the buyer, who pays nothing if the mission is unsuccessful. However, once the property has been found and the transaction concluded, payment of the fees becomes compulsory.

It is important for the buyer to understand the terms and conditions of remuneration mentioned in the mandate:

• the amount of the fee;
  
• the time of payment : when the deed of sale is signed at the notary's office;
  
• any conditions linked to exclusivity or early cancellation of the mandate.
  

Compliance with exclusivity (if applicable)

In the case of an exclusive mandate, the customer undertakes not to work with other professionals or to carry out independent research.

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Transparency and definition of needs

The success of our mission depends on the clarity and precision of the buyer's expectations. By signing a mandate, the customer undertakes to :

• provide a detaileddescription of their needs: type of property, location, budget, priority criteria, financing, etc;
  
• be transparent about their financial capabilities and any obstacles (debt ratio, legal constraints).
  

A lack of communication or inaccurate information can slow down the search or lead to unsuitable proposals.

Validation of proposals and active participation

Even if the property hunter takes charge of the search, the future buyer's responsiveness is essential. They must :

• study the proposals sent by the professional and give feedback within a reasonable timeframe;
  
• participate in organized visits;
  
• make informed decisions on the opportunities presented.
  

Respecting the terms of the contract

The search mandate is a bilateral commitment. The buyer must respect all clauses. For example, the buyer may not

• not to negotiate directly with a seller presented by the hunter;
  
• inform the hunter of any change in his project (budget modification, new criteria, etc.).
  

Points to consider

Signing a real estate search mandate is a binding step for both parties. It's important to understand all the implications before signing.

Carefully read the terms of the mandate

Each search mandate is unique and may contain specific clauses:

• check the duration of the mandate : it may be fixed (with a clear deadline) or tacitly renewable;
  
• understand the terms of early termination, which may vary from one agency or hunter to another;
  
• be aware of remuneration criteria, in particular whether fees are fixed or calculated as a percentage of the purchase price.
  

Understanding the impact of exclusivity

Most apartment hunter mandates are exclusive. This means that you entrust your search to a single professional and that you cannot search for a property yourself or with another intermediary.

Evaluate the apartment hunter's reputation and experience

• check references and experience in your geographical area or in the type of property you're looking for;
  
• read reviews or ask for recommendations;
  
• ask questions about their working methods before signing the mandate.
  

Check the conformity of the mandate

Make sure the professional complies with current legislation:

• the mandate must be drawn up by a professional holding a professional card issued by the Chamber of Commerce and Industry (CCI);
  
• the mandate must be numbered and dated;
  
• it must mention the agency's guarantee fund;
  
• the amount of the fee;
  
• the specific features of the property sought;
  
• the duration of the mandate.
  

Conclusion: a partnership for a successful real estate project

The real estate search mandate is the framework that defines a tailor-made collaboration between the buyer and a real estate professional (usually an apartment hunter) dedicated to the success of his or her project. By understanding ourmutual commitments, paying close attention to the details of the mandate and carefully choosing your apartment hunter, you increase your chances of finding the ideal property in the best possible conditions.

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Entrusting your search to an expert means opting for a structured, efficient and stress-free approach, particularly valuable in a demanding and complex real estate market such as Paris. Whether you're looking for a pied-à-terre, a primary residence or an investment, a well-drafted mandate and a relationship of trust with a competent professional are the keys to turning your project into reality.

Take the time to ask questions, compare offers and clearly express your needs. With these solid foundations, your search will no longer be a constraint.