The estate agency agreement and exclusivity
The contract formalises the relationship between the client and the agency. The law requires elements such as the identification of the property and the deal, the fee and VAT, insurance, ancillary services and the effects of exclusivity, where agreed. If the term is omitted, the law provides for six months. [1]
Before signing, read the whole contract and confirm that the proposed service is reflected in the relevant terms. A commercial presentation helps you understand the service, but the contractual obligations must be understood on their own.
What to check first
| Element | Recommended check |
|---|---|
| Contracting company | Name, identification and AMI licence |
| Subject matter | Property, spaces included and intended deal |
| Fee | Basis of calculation, VAT and moment of payment |
| Term | Start, end, any renewal and communications |
| Exclusivity | Scope and concrete consequences |
| Services | What is included and what requires a separate agreement |
You can check the licence on the IMPIC portal. Identify the company entering into the contract, even when communication is handled by a team or commercial brand. [2]
| Service | Proposal 1 | Proposal 2 |
|---|---|---|
| Fee | Same percentage | Same percentage |
| Preparation and photography | Included | Undefined |
| Regular reporting | Provided | Undefined |
| Follow-up | Identified | Undefined |
The percentage alone does not allow you to compare the service.
How to assess exclusivity
Exclusivity concentrates the agency relationship on the terms set out in the contract. To decide, ask for the effects on both parties to be explained, including the possibility of sharing with other agencies and the treatment of the owner's direct contacts.
Commercially, it can support a coherent pricing and presentation strategy. The strongest argument against it is the risk of being tied to a relationship without satisfactory follow-up. The answer should lie in a concrete plan, regular information and clear contractual conditions.
Does exclusivity mean working with a single possible buyer
Ask how collaboration with other agencies works. The regime under which the owner contracts and the channels used to find interested parties should be explained separately.
Ask for examples of how contacts are handled, viewings organised and information shared. Do not presume that the existence of a network guarantees, by itself, a particular form of promotion.
How to compare service proposals
Compare what will be done on the property: preparation, photography, information provided, promotion, qualification of interested parties, viewings and reporting. Ask who handles each stage and how often there will be updates.
Illustrative example: two proposals show the same fee percentage, but one includes a photoshoot and regular follow-up while the other leaves those points undefined. The percentage alone does not allow you to compare the service.
When is the fee due
The law links the fee to completion of the deal and allows payment at the promissory contract when the agency agreement so provides. It also provides for a fee in exclusivity situations where the deal does not complete for reasons attributable to the client. [1]
Ask for the clauses to be explained through examples: withdrawal, a rejected offer, a direct contact or termination. If there is any doubt of interpretation, clarify it before contracting.
Duration and termination
Note the end date, the notice required to communicate non-renewal and the means provided in the contract. Keep proof of communications. If you wish to end the relationship early, obtain clarification on the procedure and the effects.
When engaging another company, provide information about any earlier contracts still relevant. That allows possible overlaps to be analysed before a new campaign is launched.
Frequently asked questions
Is there a mandatory commission rate
Compare the proposed conditions and the contractual drafting. Do not treat a frequently mentioned percentage as a substitute for negotiation and for identifying the services.
Is VAT included in the figure presented
Confirm expressly. Ask for an example in euros for the considered sale price, distinguishing the fee from VAT.
Can I receive an offer directly
Inform the agency and check the contractual treatment of that situation before acting. The effects depend on the terms and circumstances.
Does exclusivity guarantee the sale
It should not be presented as a guarantee of result. Assess the method, the capacity for follow-up and the suitability of the price for the market.
Sources
Next step
Ask the Valle team for a service proposal for your property, with the marketing plan and conditions explained before signing.
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