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« Using Standard Building Contracts part 3 | Main | Why should an estate agent want a sole authority? »

Sole Selling Mandates Part 1

By arlene | March 2, 2008

Just what is a sole selling mandate? In effect, a seller appoints one estate agent (sole agent) for an agreed period of time to sell a property, thereby excluding other estate agents or the seller from trying to find a buyer for it.

Many estate agents, however, use a form of contract called “Sole Agency” which, because of ill-defined wording, allows the seller to either sell the property privately or withdraw it from the market without paying commission to the estate agent who was “contracted” to negotiate a sale. All mandates (instructions) should be in writing or confirmed in writing so as to avoid disputes.

Real Estate AwareBecause one cannot in common law force a seller to sell, and in order to prevent any misunderstanding and possible dispute, the contract between the seller and estate agent must include a clause which says that the seller will pay the estate agent, as liquidated damages, the commission which would have been earned had he/she effected the sale, based on the price written in the mandate if, during the period of mandate, the seller:

The purchase price, the amount of the initial deposit, the date of occupation and the date by which guarantees must be furnished should also be clearly stated. In addition, it should contain a provision relating to any mortgage bond requirement and other

conditions that may be deemed reasonable. A sole mandate must clearly state the date on which the agreement expires. The EAB Code of Conduct imposes certain obligations on an estate agent when taking sole mandates.

Such an agreement is called a sole authority to sell,which means that the appointed estate agent has the sole and irrevocable authority to do just that. This does not allow the estate agent to sign an Agreement of Sale on the seller’s behalf, although it is legally possible to make such provision.

The Authority to Sell form of contract should:

It should be noted that the estate agent can, at his/her discretion, waive any or all of their rights in terms of the Authority to Sell. It is not a one-sided document since it also affords the seller a measure of protection. Sellers will not be liable for costs unless the estate agent meets the terms and conditions. Should the seller have a change of mind about selling, the liability for costs is known in advance.

Some of the most frequently asked questions about this important aspect of the real estate business are:

  1. Why should an estate agent want such authority?
  2. For what period of time should it extend?
  3. Why are so many sellers reluctant to give a sole authority to an estate agent?
  4. Why should a seller grant a sole authority to an estate agent?

Possibly related posts: (automatically generated)
Sole Selling Mandates Part 1

Topics: Agent, Contract, Form, Market, Property, Sale | 5 Comments »

5 Responses to “Sole Selling Mandates Part 1”

  1. Renting in London Says:
    July 5th, 2008 at 10:21 pm

    The MLS is a directory used by real estate agents to announce to other agents that they have a home for sale. … Renting in London

  2. Sell Property Says:
    July 5th, 2008 at 10:22 pm

    Even with this convenience, showing properties to customers, analyzing properties for sale, meeting with prospective clients, or researching the state of the market. … Sell Property

  3. Residential Developments Says:
    July 18th, 2008 at 12:41 am

    We may charge the Customer a surcharge not to exceed $50.00 for the Customer s failure properly to remove the listing after the property is sold, thus requiring … … Residential Developments

  4. Property Listing Says:
    August 1st, 2009 at 8:40 pm

    Under the Home Selling Guarantee Program, Customers interested in or needing to move from &quotably owner” status to &quote; service listing” agent in their own location through … … Property Listing

  5. Tax Lien Listings Says:
    September 13th, 2009 at 7:55 am

    As the taxing agency of the federal government, the Internal Revenue Service has complete power to record a tax lien against real and personal property owned by delinquent taxpayers as security based on income taxes owed. … Tax Lien Listings

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