Exclusive or non-exclusive sale mandate: what each one signs

When you decide to sell your flat and talk to an estate agency, the first thing they put in front of you is the encargo de venta (the sale mandate): the document by which you authorise the agency to market your home. And within that document there's a box that changes everything: exclusive or not.

It's not a minor detail. It defines who can sell your flat, what commitment the agency takes on with you, and what happens if you sell on your own. Let's go step by step, no jargon.

What the encargo de venta is

It's a contract between you (the owner) and the agency. It sets out:

• Which property is being sold (address, *referencia catastral* — the cadastral reference).
• The agreed asking price.
• The agency's commission (usually a percentage of the sale price).
• The duration of the mandate and how it renews or cancels.
• Whether it is exclusive or not.

Without this signed document, a serious agency shouldn't publish your flat on any portal. If they ask for photos and publish it "to try it out" without signing anything, that's a bad sign.

Non-exclusive mandate: you're in charge, but nobody goes the extra mile

With a non-exclusive mandate you can sign with several agencies at once and sell on your own if you find a buyer. Sounds good, right? It has a hidden cost: no agency has a real incentive to invest in your flat.

Think about it from their side: if the agency spends money on professional photography, featured ads on portals and time on viewings, and in the end you sell with another agency, that investment is lost. Result: your flat goes into a database, gets published with whatever photos are available, and everyone waits.

Non-exclusive makes sense when:

• You want to test the market before committing.
• You already have a potential buyer lined up (a relative, a neighbour) and just want to keep your options open.
• The area has so much demand that the flat sells itself.

Exclusive mandate: commitment in exchange for commitment

With exclusivity, during the term of the contract only that agency can market your home. In return, the agency commits — and it should be in writing — to a sales plan: photography, publication on portals, viewings, progress reports.

A well-structured exclusivity is a fair exchange: you give them the peace of mind that their work won't be in vain, and they give you real dedication. A badly structured exclusivity is a trap: six months tied to an agency that doesn't lift a finger.

That's why, if you sign exclusively, demand the contract includes:

1. Limited duration. Between 3 and 6 months is reasonable. Steer clear of one-year exclusivities with no exit clause.
2. The sales plan in writing. What the agency is going to do, not verbal promises.
3. What happens if you sell it yourself. Some contracts provide that if you find a buyer on your own you still pay the commission; others allow it at no cost. Read it before signing.
4. How it ends. If the agency doesn't deliver, there has to be a clear way out.

The commission: the number to look at head-on

The commission usually moves within a market-typical range, but there is no official or mandatory percentage: it's negotiable. What matters isn't just the percentage, but what it includes: professional photography? Featured ads? Accompaniment at the notary?

Be wary of two extremes: the laughably low commission (someone has to pay for the party: either they invest nothing, or they charge you for it elsewhere) and the high commission with no detailed sales plan.

So, which suits me?

• If your flat is in an area with demand and at the right price, exclusivity with an agency that works well usually sells faster: it concentrates the effort instead of scattering it across five agencies that don't coordinate.
• If you're in no hurry and want to test the waters, start non-exclusive for a couple of months and see who actually works.
• If you already have a buyer almost lined up, don't sign exclusivity: you don't need it.

A detail almost nobody tells you: with several non-exclusive agencies, your flat appears published several times on the portals, sometimes at different prices. That devalues the buyer's perception ("it's been for sale for months, there must be something wrong"). Exclusivity avoids that effect.

In short

The encargo de venta isn't just another piece of paper: it's where the sale of your flat is decided. Read the duration, the exclusivity clause, the commission and the sales plan before signing. And if something doesn't add up, ask until it does.

At Llevant Patrimonial we work with clear sale mandates, with the numbers on the table before signing. Opening soon in Cullera.