A real estate agent required his selling client to come and sign the sale of his apartment since a buyer had been found at the asking price in the exclusive sales mandate. But the seller no longer wanted to sell.
It is not because the real estate agent has found a buyer at the asking price that the seller is committed and obliged to sign the sale with this one. Even if he has received a sales mandate and not just a search mandate, the real estate agent can only hire his client if a clause in the contract expressly authorizes him to do so, according to the Court of Cassation.
A real estate agent had summoned his selling client to come and sign the sale of his apartment since a buyer had been found at the asking price in the exclusive sales mandate. The seller declared that he no longer wanted to sell but, for the real estate agent, this seller had made a firm commitment by signing a sales mandate, thus giving him a mandate to sell.
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A specific clause in the contract
In addition, observed the real estate agent, the signed mandate specified that the owner undertook to sign if a buyer was found at the agreed prices, charges and conditions.
But for the judges, the owner is only required to sign if the real estate agent has the power to make a commitment for him, and this power must be expressly specified by a specific clause in the contract. Without this particular clause, a mandate given to a real estate agent is an “intermediation mandate” which does not allow him to commit his principal.
In addition, according to the law, a real estate agent is not entitled to any remuneration until the sale is not definitively signed. It is therefore permissible, and not wrong, to let the real estate agent fulfill his mission and then refuse to sign.
(Cass. Civ 1, 15.6.2022, C 20-22.047).
