French Non-Exclusive Property Search Mandate
Template non-exclusive property search mandate given to a French real estate agency under the Hoguet Law, covering criteria, fees, and duration.
Does the mandate have to be in writing?
Yes, without exception. Article 6 of loi Hoguet n° 70-9 of 2 January 1970 requires every mandate given to an estate agent to be in writing and signed by the buyer before any search activity begins. Without a written mandate, the agent cannot legally charge any fee. The document must also be entered in the agency's mandatory register of mandates (article 65 of decree n° 72-678 of 20 July 1972), and each copy handed to the parties must carry that registration number.
Source: Légifrance — Loi n° 70-9 du 2 janvier 1970 réglementant les conditions d'exercice des activités relatives à certaines opérations portant sur les immeubles (loi Hoguet) · updated 2026
About this form
A non-exclusive property search mandate (mandat de recherche immobilier non exclusif) is a written contract under which a buyer — called the mandant, or principal — formally instructs a licensed French estate agent to find a property matching defined criteria. "Non-exclusive" means the buyer is free to instruct several agents at the same time or to search independently. The agent must hold the French professional licence card known as the carte T (Transaction on real estate and business assets), issued by the local Chamber of Commerce. The legal framework is set by loi Hoguet n° 70-9 of 2 January 1970 and its implementing decree n° 72-678 of 20 July 1972: the mandate must be in writing and signed before any search begins, and must describe the property sought, the maximum purchase price in EUR, the agent's fee and who pays it. The loi ALUR n° 2014-366 of 24 March 2014 added further transparency requirements on fees. The agent's commission only becomes legally payable at the signing of the acte authentique de vente — the final notarial deed of sale executed before a notaire (French notary).
Worked example
Sophie Marchand, a senior executive based in Lyon, signs a non-exclusive search mandate with the agency Immobilier du Rhône to find a three-room apartment (T3 — one living room and two bedrooms) in Lyon's 6th arrondissement, with a maximum all-in budget of €380,000. The agreed buyer-side fee is 3.5% VAT-inclusive of the sale price, capped at €13,300. After two months of searching, the agency presents a 68 m² apartment offered at €365,000 net of agency fees. The final fee is 3.5% × €365,000 = €12,775 VAT-inclusive, payable at the notarial signing — bringing Sophie's total outlay to €377,775, within her original envelope. Because the mandate is non-exclusive, Sophie simultaneously maintained a second search mandate with another agency at no additional cost, giving her broader market coverage without any contractual conflict.
How to fill out the form
- Verify the estate agent's professional licence before signing anything: check that they hold a valid carte T (Transaction on real estate and business assets) issued by the relevant Chamber of Commerce, as required by article 3 of loi Hoguet n° 70-9 of 2 January 1970. Without a valid carte T, the mandate has no legal force and the agent cannot lawfully claim any fee.
- Define in writing the precise criteria for the property you are looking for: type (apartment, house), location (commune, arrondissement or neighbourhood), minimum floor area in m², number of rooms, preferred floor, and — critically — the maximum purchase price in EUR, specifying clearly whether that ceiling is all-in (frais d'agence inclus, FAI) or exclusive of the agent's fee.
- Negotiate and agree the agent's fee, expressed either as a percentage VAT-inclusive of the sale price or as a fixed amount in EUR. Compare the rate against the tariffs displayed at the agency, as required by the ministerial order of 10 January 2017. Have the mandate state explicitly whether the fee is included in or added on top of your maximum budget — the difference can run to tens of thousands of euros.
- Sign the mandate in two originals. Before you take your copy away, verify it carries: the agency's mandate register number, the date on which the mandate takes effect, the agreed duration and termination clause, and the non-exclusivity wording confirming you may instruct other agents in parallel. Keep this signed copy in a safe place — it is your proof of the agreed terms.
- Keep a running log of every property the agent presents to you, recording the full address, the visit date and the asking price. This paper trail is essential under the non-circumvention clause (grounded in article 1991 of the Code civil): it defines which properties fall within the mandate's scope and ensures that, when you do purchase, the agent's fee is paid exclusively at the signing of the acte authentique de vente before a notaire.
Good to know
- Negotiate the shortest possible term at the outset. Article 6 of loi Hoguet sets no minimum duration for a non-exclusive search mandate. Opt for one month, renewable, with free termination by written letter — this lets you walk away without delay if the agent's proposals consistently fall short of your criteria.
- Always compare fees before signing: the order of 10 January 2017 requires agencies to display their full rate schedule. Buyer-side fees range from 2% to 5% VAT-inclusive. On a €300,000 purchase, the gap between 2% (€6,000) and 5% (€15,000) is €9,000 — fully negotiable before you sign.
- List your absolute deal-breakers in the mandate (e.g. ground-floor excluded, co-ownership over 50 units excluded). If a non-circumvention dispute arises under article 1991 Code civil, a precise property definition will clarify exactly which properties the mandate covers and which you may pursue fee-free.
Frequently asked questions
Does the mandate have to be in writing?
Yes, without exception. Article 6 of loi Hoguet n° 70-9 of 2 January 1970 requires every mandate given to an estate agent to be in writing and signed by the buyer before any search activity begins. Without a written mandate, the agent cannot legally charge any fee. The document must also be entered in the agency's mandatory register of mandates (article 65 of decree n° 72-678 of 20 July 1972), and each copy handed to the parties must carry that registration number.
How long should the mandate last?
Loi Hoguet sets no maximum duration for search mandates. In practice, agents typically propose one to three months, renewable by express or tacit agreement. Unlike an exclusive selling mandate, which is more strictly regulated, a non-exclusive search mandate can be terminated at any time by the buyer, subject to any contractual notice period. Negotiating a short term with a straightforward exit clause protects you if the agent's proposals do not meet your expectations.
When can the agent collect their fee?
Under article 6 of loi Hoguet, the agent cannot receive any fee, commission or payment before the sale is legally completed — meaning the signing of the acte authentique de vente (the final notarial deed) before a notaire. Any clause requiring payment at the preliminary contract stage (compromis de vente or promesse de vente) or at any earlier point is void and constitutes a criminal offence. Never hand over a cheque to your agent before the notarial signing.
Can I deal directly with a seller the agent introduced to avoid paying the fee?
No. Almost all search mandates contain a non-circumvention clause grounded in article 1991 of the Code civil (the principal's obligation to honour their commitments). If you deal directly with a seller whose property was shown to you by the agent, you risk a legal claim for the agreed fee and potentially damages for wrongful avoidance. Keep a written record — full address and visit date — of every property the agent presents to you, so the scope of the mandate is clear if a dispute arises.
Who pays the fee and what is the typical amount?
In a search mandate, the buyer (mandant) is contractually liable for the agent's fee, since they placed the instruction. The rate is freely negotiated but must be displayed at the agency under the ministerial order of 10 January 2017. In practice, buyer-side fees typically range from 2% to 5% VAT-inclusive of the sale price. On a purchase of €350,000, this represents between €7,000 and €17,500 VAT-inclusive, paid at the notarial signing.
What mandatory clauses must the mandate include?
Under article 6 of loi Hoguet and articles 72 and 73 of decree n° 72-678 of 20 July 1972, the mandate must state: the full identity of both parties; the agency's mandate register number; a precise description of the property sought (type, location, minimum floor area, maximum budget in EUR VAT-inclusive); the agent's fee amount or rate and which party bears it; the duration, renewal and termination conditions; and the non-exclusivity clause confirming the buyer may instruct multiple agents simultaneously.
Official sources
- Légifrance — Loi n° 70-9 du 2 janvier 1970 réglementant les conditions d'exercice des activités relatives à certaines opérations portant sur les immeubles (loi Hoguet) — 2026-06-27
- Légifrance — Décret n° 72-678 du 20 juillet 1972 fixant les conditions d'application de la loi Hoguet (registre des mandats, mentions obligatoires) — 2026-06-27
- Service-public.fr — Faire appel à un agent immobilier pour acheter un bien : honoraires, mandat et obligations — 2026-06-27
Updated on 2026-06-27
A question about this form?
Ask Solva, ActioFin's AI finance advisor — answers sourced from official texts.
5 free questions per day with a free account