In the context of his relations with third parties, the real estate agent acts on the basis of a mandate negotiated by agreement of the parties, in accordance with the rules of common law. This mandate is drawn up in as many original copies as there are parties to the deed, then subject to the formality of registration under common law. Each original must indicate the number of originals drawn up and include the mention of the registration number of the deed in the register of mandates kept by the real estate agent. Each of these formalities is required under penalty of nullity of the mandate.
The mandate must specify the conditions under which the real estate agent is authorized to receive the funds, the conditions of the rendering of accounts and those of his remuneration with mention of the person called upon to bear this charge. It must also specify the commitments which are likely to have an impact on the transaction, that the principal has on the property vis-à-vis third parties.
Under penalty of nullity, the mandate must be limited in time. The mandate may, after expiry of its initial duration, be extended. This extension must be in writing.
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