Why and how to sign a property search mandate

Searching for the apartment or house of your dreams requires a sound methodology, discipline, a strong network and a healthy dose of perseverance. Without experience, the search is often the most time-consuming and demanding stage of a property project. This is particularly true if you are looking in a highly sought-after area, where professional property acquisition support can make all the difference. Signing a property search mandate allows you to entrust this task to a real estate professional, significantly increasing your chances of finding and securing a property that truly suits you. Better still, a property search mandate does not necessarily involve additional costs. Quite the opposite.

What is a property search mandate?

A property search mandate, sometimes referred to as a "buyer’s mandate", is a contract signed between an individual looking to purchase a property and an appointed professional, namely a property finder or real estate agency.

By signing a property search mandate, you entrust the appointed professional with finding an apartment, house or building plot that meets your requirements.

Once the ideal property has been found, the professional assists the buyer throughout every stage of the property purchase, from submitting an offer through to signing the final deed of sale.

At Maison Kyka, our support continues beyond the property purchase itself. Our property project managers are trained to identify apartments and houses with both acquisition and renovation potential. The reason is simple: buying an apartment or house in need of renovation gives you the opportunity to create a home that truly reflects your tastes while improving its energy efficiency through a better DPE energy rating.

Although finding a rare property with renovation potential can sometimes prove more challenging, we generally find the ideal property within one month. Once the purchase is complete, our interior architecture studio oversees the renovation of the apartment, or your new house, enhancing both its comfort and its value on the property market. Tell us about your project by completing our quick simulation, then book an appointment with one of our property project managers for personalised advice.

"Maison Kyka supported me throughout my project and I am extremely pleased with the result! Every team took the time to listen and understood exactly what I was looking for. I am delighted to have chosen Maison Kyka and would wholeheartedly recommend them to anyone looking to undertake a bespoke and innovative property project!" Olivier D.

The difference between a property search mandate and a sales mandate

A sales mandate is essentially the reverse of a property search mandate. It is a contract signed between an individual wishing to sell a property and a real estate agency appointed to handle the sale.

In this case, the appointed professional is responsible for presenting the apartment, house or building plot to prospective buyers and assisting the owner throughout the sale.

Rights and obligations under a property search mandate

Signing a property search mandate creates obligations for both parties to the contract.

On the one hand, the buyer agrees to:

pay the appointed professional a commission once the property sale has been completed;
inform the professional of any purchase process in which they are involved. For example, the buyer must not attempt to bypass the professional by negotiating directly with the owner of a property introduced to them.

In return, the appointed professional agrees to:

arrange viewings of properties that meet the buyer’s search criteria;
conduct the search transparently, keeping the buyer informed of progress through regular updates;
use their expertise to provide the buyer with useful information and help them make an informed purchasing decision.

Good to know

If, during a viewing, the appointed professional fails to disclose important information that the buyer should have known before purchasing the property, the property finder may be ordered to pay damages to the buyer.

Lastly, a real estate professional may only enter into a property search mandate if they hold a carte T, the French professional real estate licence. Issued by the local Chamber of Commerce and Industry (CCI) and valid for three years, it certifies that the professional has the qualifications and authority required to carry out real estate transactions, including purchases, sales, lettings and sublettings.

What does the contract contain?

A property search mandate is typically two or three pages long. It should clearly set out:

the identity of both parties and the appointed professional’s licence number (carte T), without which the mandate is invalid;
the search brief: areas, budget, size requirements, essential criteria and preferred criteria;
the duration of the mandate and its renewal conditions;
the fees, how they are calculated and when they become payable;
whether or not the mandate is exclusive;
the registration number in the mandate register.

Be wary of contracts that are either too vague or unnecessarily lengthy: both can conceal the same issue, namely a poorly defined commitment.

Why sign a property search mandate?

A property search mandate offers several advantages:

It saves time by allowing you to delegate a particularly time-consuming task.
It can help you find a property more quickly by drawing on the expertise of a real estate professional.

To save time

Searching for an attractive apartment or house for sale is often the most time-consuming stage of a property project, particularly when buying a property for the first time.

A property search mandate saves valuable time by entrusting the search and screening of available property listings to a professional. They assess the relevance of each property according to your specific search criteria.

This means avoiding unnecessary viewings and focusing exclusively on properties that genuinely deserve your attention.

A property finder must also be highly responsive whenever a property matching your requirements comes onto the market. This responsiveness can put you among the first prospective buyers to view the property and, where appropriate, submit an offer to the owner, thereby increasing your chances of securing it.

To benefit from the expertise of a real estate professional

Whether you are looking to buy your primary residence or purchase a property to let, finding the ideal property on your own can prove a demanding process.

As a specialist in property finding, the appointed professional has access to an extensive professional and personal network. This provides a considerable advantage, both when searching for a rare property and when gaining early access to properties coming onto the market that match your project.

Note

Certain property-industry communication channels can be particularly valuable for quickly identifying properties for sale in highly competitive areas. However, these networks are often reserved for professionals.

A real estate professional’s role is also to advise you, for example by accompanying you during an apartment viewing. You can rely on your property finder’s advice because they cannot hold both a property search mandate and a sales mandate for the same property. They therefore have no interest in encouraging you to purchase one particular property.

Benefiting from a professional’s trained eye and expert advice ensures that you understand the key considerations before buying an apartment or house. This can help you ask the right questions during an apartment viewing, make an informed decision about whether or not to buy, and avoid mistakes that could ultimately lead you to regret your purchase.

Choose Maison Kyka and benefit from the support of experienced professionals at every stage of your project.

"A huge thank you for your support. I immediately felt that I could trust you and that my needs and expectations were fully understood. Congratulations to the entire team for listening so carefully, always being available and, most importantly for me, keeping to the agreed schedule. I am delighted with the final result. Thank you so much." Muriel B.

How much does a property search mandate cost?

Fees under a property search mandate are calculated based on the purchase price and specified in the mandate before the search begins: there should be no surprises at the end of the process. Two rules protect the buyer: no payment is due until the sale has actually been completed, as French law prohibits any advance payment; and the method used to calculate the fees must be clearly stated in the contract.

At Maison Kyka, our fees are presented during the first appointment, once your search brief has been defined and the appropriate service package selected. The cost should also be considered in light of what professional support can help you avoid: overpaying for a property, spending months searching, or attending countless viewings that lead nowhere.

Good to know

For the same transaction, French case law prohibits a real estate professional from charging both agency fees under a property search mandate and fees under a sales mandate.

The legal framework governing property search mandates

The legal framework governing the property search mandate was initially established by France’s Hoguet Law, enacted in 1970. In March 2014, the ALUR Law updated the regulations governing the French property market.

The ALUR Law provides that:

The property search mandate must be signed before the property is viewed. If it is signed after the buyer has already discovered the property, this may be regarded as an attempt to reduce notary fees.
The appointed professional must hold a carte T or be authorised by the holder of a carte T.
Signing a property search mandate does not justify the immediate payment of fees to the appointed professional.
The property search mandate must have a limited duration.
Three months after signing, an exclusive property search mandate may be terminated without charge.
The appointed professional must provide their client with access to a mediation procedure where necessary.

What must a property search mandate include?

To be legally valid, a property search mandate must clearly define the appointed professional’s assignment, remuneration and the conditions governing the performance of that assignment.

In practical terms, a property search mandate must contain the following information:

Buyer’s identity: surname, first name, civil status, nationality, etc.
Appointed professional’s identity: agency name, SIRET business registration number, carte T, professional liability insurance, etc.
Professional’s remuneration: fees may be calculated as a percentage of the property’s sale price or as a fixed amount.
Characteristics of the property sought: property type, geographical area, condition, number of rooms, heating system, energy performance, neighbourhood, development potential, etc. The description of the desired property should be as detailed as possible.
Target property price: a fixed price is not compulsory, but at least a price range must be specified.
Duration of the mandate: generally three months, with automatic renewal and the possibility of terminating it without charge after this period.
Duty of information and transparency: the property search mandate must describe the measures the appointed professional will take to keep the client informed.
Type of mandate: the contract must specify whether the property search mandate is exclusive, semi-exclusive or non-exclusive.

Non-exclusive and exclusive property search mandates

	Non-exclusive mandate	Exclusive mandate
Who searches	Several agents can be appointed, alongside your own search	A single dedicated professional
Hunter's commitment	Variable: priority often goes to exclusive mandates	Full commitment, with regular progress reports
Access to off-market properties	Limited	Full access: the hunter draws on their entire network
Best suited for	An exploratory search	A precise project, a competitive market, rare properties

In practice, signing an exclusive property search mandate can be more advantageous when you are looking for a property with specific characteristics. Under an exclusive mandate, the property finder can commit fully to your search because they are not competing with other professionals, or with your own search. This allows for a more comprehensive and dedicated service.

Note

When the appointed professional is the only professional authorised to conduct the search, but the buyer retains the right to find and purchase a property independently, this is known as a "semi-exclusive mandate".

Duration, renewal and termination

A property search mandate is entered into for a limited period, most commonly three months, and may be renewed in writing. Once the initial commitment period has expired, it may be terminated at any time by registered letter, subject to the notice period specified in the contract. If the mandate is signed remotely or away from the professional’s premises, a fourteen-day cooling-off period applies.

What happens once the search begins?

Once the mandate has been signed, the process begins with an in-depth brief covering your lifestyle, your constraints, what is negotiable and what is not. The search draws on publicly listed properties, but above all on professional networks: some of the properties we present, particularly prestige properties, never appear on the open market.

Every property we put forward has already been assessed, including the potential renovation budget where work is required. You only visit properties that are genuinely worth your time. Before each viewing, you can also refer to our checklist, which outlines the key points to inspect.

Frequently asked questions

What does a search mandate cost?

Fees are calculated on the acquisition price and set out in the mandate before the search begins. They're only due once the sale is completed, and are presented to you at the first meeting.

Do you pay for a search mandate if no property is found?

No. Payment is success-based: if no property is acquired, nothing is owed.

Can a property hunter ask for a deposit?

No, this is prohibited under the Hoguet law: no payment can be made before the sale is actually completed.

How long does a search mandate last?

Three months as a rule, renewable in writing. The exact duration must appear in the contract.

Can a search mandate be terminated?

Yes, by registered letter once the initial period has ended, following the notice period set out in the contract. A fourteen-day cooling-off period applies for contracts signed remotely.

What's the difference between a non-exclusive and an exclusive mandate?

A non-exclusive mandate allows several agents to be appointed, while an exclusive mandate entrusts the search to a single professional, with a stronger commitment in return. The table above compares them point by point.

Are fees on top of notary costs?

Yes, they're separate: they cover the search itself and should be planned for in your financing, just like notary fees.

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By choosing Maison Kyka, you can count on our commitment and determination to find the apartment or house of your dreams. Our property search mandates may include an exclusivity clause, although our primary added value lies in our ability to assess the renovation potential of the property you acquire. Regardless of who ultimately finds the property of your dreams, our teams support you from the very first viewing through to the completion of the renovation work.