Sale mandate and power of attorney: selling a property in France without travelling, and what each allows
Selling a property in France without going back is common: two documents are enough, provided they are carefully drafted. This dossier says what each allows, how to choose between a simple and an exclusive mandate when you live abroad, how to set up a power of attorney remotely, and which precautions to take before signing.
By Jean Mascla, founder of Home SelectUpdated · 7 min read
Two documents, two functions
Selling without travelling rests on two distinct documents: the sale mandate, which entrusts the marketing to a professional holding the professional card, and the special power of attorney, received by a notary, which authorises a person to sign the preliminary contract or the authentic deed in your name. The first organises the marketing, the second organises the signature. Written, dated and bounded, they let you conduct the entire sale from abroad; left vague, they open the door to misunderstandings and drifting schedules.
What exactly does the sale mandate allow?
The mandate is the contract by which you entrust the sale of your property to a professional. The law requires it in writing: a verbal mandate does not exist. The document describes the property, sets the asking price and the conditions of sale, and above all defines the mission: advertising, organising viewings, presenting offers, conducting the negotiation. It also specifies the duration of the mission, its termination terms and the agreed fee, which can only be due if the sale completes on the terms provided.
For a non-resident seller, the mandate has an extra function: it is the thread connecting you to the French market while you live elsewhere. It determines who reports to you on viewings, how often, in what form. A silent mandate, with no reporting obligation, turns the marketing into a black box: you will not know what is happening, and you will not be able to correct a price set too high or a neglected presentation.
Simple or exclusive mandate: which to choose from abroad?
The simple mandate leaves you free to mandate several professionals, and even to sell through your own means if the mandate allows it. It maximises channels, but it dilutes responsibility: no professional carries the file wholeheartedly, and it falls to you to sort through the reports, often contradictory, across several time zones.
The exclusive mandate entrusts the sale to a single professional, for a set period, in exchange for a stronger commitment on their part: polished presentation, sustained promotion, regular reporting. It concentrates effort and simplifies follow-up, at the cost of reduced freedom for the duration of the mandate. From abroad, that concentration has obvious value: one contact, one file, one voice to tell you about the market.
The choice depends on your situation: your availability to track several channels, your confidence in one identified professional, your preferred schedule. In every case, read the duration, the renewal and termination terms, and what happens if you find the buyer yourself. These clauses, rarely read, decide your freedom to exit.
Perros-Guirec, Bretagne
How do you set up a power of attorney from abroad?
The power of attorney comes into play at signing time. The preliminary contract first, the authentic deed next: each binds you, and each can be signed by a person you mandate for that purpose. The proven form is the special power of attorney, received by a notary: it names the attorney, the deed to be signed and, where applicable, the price conditions below which they may not commit you.
Its preparation must be anticipated. The power of attorney can be received during a stay in France, or arranged from your country of residence under the arrangements made with the notary: the routes vary between countries and according to the notary’s procedures, and the transit or identity-verification times are sometimes counted in weeks. Since signing the deed remotely is possible under the arrangements the notary organises, the power of attorney is the robust option: it works everywhere, without depending on any technical device.
The choice of attorney deserves as much attention as the document itself: a family member present in France, an adviser, or a trusted person reachable within your hours. Avoid general powers of attorney, which grant a great deal for a long time; prefer a narrow power, limited to the intended deed of sale. With a bilingual partner notary, the drafting happens without translation misunderstandings, and the connected tax questions, such as the timing of the capital gain, are raised at the right moment.
What precautions should you take before signing remotely?
The following table gathers the three documents that structure a sale without travel, what each allows, and the precaution that must accompany its signature:
Document
What it allows
Precaution
Simple mandate
Entrust the marketing while keeping the freedom to mandate other professionals
Check the duration, the termination terms, and the fate of the mandate if you find the buyer yourself
Exclusive mandate
Give a single professional the conduct of the sale, with a stronger commitment from them
Frame the price and conditions, bound the duration, note the exit terms
Special power of attorney
Authorise a person to sign the preliminary contract or the authentic deed in your name
Bound the power to one precise deed, choose a reachable attorney, keep revocation possible
Beyond the table, four reflexes protect an absent seller:
Insist on a dated written document, and keep a signed copy in your file, accessible from anywhere.
Limit the powers to what is necessary: a mandate to sell, a power of attorney to sign, never a blank cheque.
Never send originals of identity documents without knowing to whom and for what purpose; the notary and the mandated professional know how to ask you for exactly what is needed.
Date and record every exchange: the rereading of a clause, the challenging of a report, the termination of a mandate are all proved in writing.
What Home Select organises for your mandate and power of attorney
Home Select is first a property finder, on the buyer’s side: we know what serious buyers look at and what makes a sale fail at the preliminary contract. When you sell or pass on a property, your property finder frames the calendar and the documents with you, remotely.
We introduce the notaire used to sellers and heirs who live abroad, the surveyor for the diagnostics, the tax adviser and the tax representative where your country requires one. The deeds, the diagnostics and the tax are theirs, under their responsibility: our role is that everything arrives in order, without you having to fly in.
Frequently asked questions
Can a sale mandate be signed from abroad?
Yes. The mandate can be signed remotely under the arrangements offered by the professional carrying the sale, or during a stay. What matters is that it is written, dated, and that you understand every clause before returning it signed.
Does the power of attorney let the chosen person do anything?
No, and that is its virtue. A special power of attorney designates a person for one precise act, signing the preliminary contract or the deed of sale. Its powers are bounded by the text received by the notary, and it remains revocable as long as the deed is not signed.
How do you end a sale mandate?
The mandate states its duration and its termination conditions. Termination is done by a written, dated letter sent with proof of receipt, under those conditions; this is why they must be read before signing, not at the point of wanting out.
What exactly does the sale mandate allow?
The mandate is the contract by which you entrust the sale of your property to a professional. The law requires it in writing: a verbal mandate does not exist. The document describes the property, sets the asking price and the conditions of sale, and above all defines the mission: advertising, organising viewings, presenting offers, conducting the negotiation. It also specifies the duration of the mission, its termination terms and the agreed fee, which can only be due if the sale completes on the terms provided.
Simple or exclusive mandate: which to choose from abroad?
The simple mandate leaves you free to mandate several professionals, and even to sell through your own means if the mandate allows it. It maximises channels, but it dilutes responsibility: no professional carries the file wholeheartedly, and it falls to you to sort through the reports, often contradictory, across several time zones.
How do you set up a power of attorney from abroad?
The power of attorney comes into play at signing time. The preliminary contract first, the authentic deed next: each binds you, and each can be signed by a person you mandate for that purpose. The proven form is the special power of attorney, received by a notary: it names the attorney, the deed to be signed and, where applicable, the price conditions below which they may not commit you.
What precautions should you take before signing remotely?
The following table gathers the three documents that structure a sale without travel, what each allows, and the precaution that must accompany its signature: Beyond the table, four reflexes protect an absent seller:
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