Exclusive Brokerage Agreement: Engaging a Real Estate Agent – Simple or Qualified Mandate
The so-called exclusive brokerage agreement is the standard when hiring a real estate agent. This agreement grants the agent the exclusive right to find a buyer for the property for a specified period.
In the case of a qualified exclusive agreement, the owner is not allowed to “assist” in speeding up the search for a buyer. If the owner unexpectedly presents a buyer, the agent will not want to forgo their commission—and is not obligated to do so.
A real estate agent must communicate, negotiate, and meet with many potential buyers. In many cases, a purchase does not materialize, and the agent has spent time and money (e.g., on travel and correspondence) without compensation.
When hiring companies or freelancers, one always pays a share of overhead costs—such as accounting and customer acquisition—not just the time spent working directly for them.
An exclusive agreement secures the agent the sole right to market the property for a set period. Otherwise, they risk losing out even if they find a buyer—if someone else closes the deal just before them.
Any established real estate agent will insist on an exclusive mandate rather than accepting a general, non-exclusive contract.
If a (non-qualified) exclusive mandate is agreed upon, the owner may assist in finding a buyer. If the owner finds a buyer first, the agent misses out on the commission.
With a qualified exclusive mandate—the most favorable option for the agent—the owner may neither hire other agents nor search on their own; and the agent’s commission is still due even if the owner finds a buyer independently.
Terms of up to 12 months are common. After expiration, the contract ends automatically without the need for termination.
The client has the right to terminate the contract without notice in cases of inaction or other breaches of duty by the agent.
In practice, however, it is not easy to prove inaction or breaches of duty.
Therefore, a brokerage contract should not be terminated lightly.
We occasionally work closely with trusted real estate agents when acquiring houses and apartments.
However, customers of Meine-Renditeimmobilie never pay agent commissions themselves.
Understanding the Agent’s Perspective
General Mandate, Exclusive Mandate, Qualified Exclusive Mandate
Contract Duration of the Brokerage Agreement
Buying Real Estate from Meine-Renditeimmobilie Always Commission-Free