Entrusting a sale to an agency means signing an intermediary contract. That contract is regulated: some clauses are prohibited, others capped, and the duration of exclusivity is not left to free negotiation.
Exclusive, semi-exclusive, open
- Exclusive mandate: a single agency handles the sale. You may neither appoint another agency nor sell on your own during the term, unless the contract expressly reserves that possibility.
- Semi-exclusive mandate: a single agency, but you keep the right to sell on your own, usually with no commission or a reduced one.
- Non-exclusive (or open) mandate: several agencies work in parallel; whoever brings the buyer earns the commission.
Exclusivity is not a favour granted to the agency: it is consideration. It justifies investing in photography, paid distribution and viewing time. Without exclusivity, that budget is rarely committed.
What the regulation imposes
Belgian regulation on property intermediary contracts frames several points:
- Limited duration. An exclusive mandate is concluded for a fixed and short term. It cannot be tacitly renewed indefinitely: renewal must be flagged and remain terminable.
- Termination. The contract must set termination conditions that are not unbalanced to the client's detriment.
- Capped fee. The fee claimed if you terminate the mandate or sell on your own cannot amount to paying the full commission for work not carried through.
- Information on the price. The amount or the calculation method of the commission must be in writing, stating what it covers.
The 14-day withdrawal period
If the mandate was signed somewhere other than the agency's offices — at your home, during the valuation visit, or remotely — you have 14 days to withdraw, with no reason and no penalty. The agency must inform you of that right and provide a withdrawal form.
Important: if you ask for the work to start immediately during that period and then withdraw, the agency may claim a sum proportionate to the work already performed.
Clauses worth reading twice
- The « introduction » clause: it provides for commission if the final buyer had been introduced by the agency, even after the mandate ends. Check its duration.
- Renewal: tacit or express, and for how long.
- The asking price: can it be changed without an amendment?
- Costs incurred remaining payable by you if the sale fails.
Before signing: knowing the price yourself
The mandate sets an asking price. Coming to that discussion with your own reference point, grounded in actual sales in your municipality, changes the conversation: you are no longer debating a figure put to you, you are comparing two.