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Mandate Types (Open, Sole, Sole and Exclusive)

A mandate is the contract between a seller and an agency. SA law recognises three main types, each with different commission and exclusivity rules.

A mandate is the legal agreement that authorises a property practitioner to market a property on behalf of a seller. Under the Property Practitioners Act, certain mandate types must be in writing and contain specific disclosures. Choosing the right mandate type affects commission entitlement, marketing exclusivity, and what happens if the seller sells privately.

Open mandate

An open mandate gives the seller the right to list with multiple agencies simultaneously. Commission is paid to whichever agency procures a willing-and-able buyer first. Open mandates do not have to be in writing, but written confirmation is good practice.

Sole mandate

A sole mandate appoints a single agency for a fixed period. The seller can still sell the property privately without paying commission, but cannot use another agency during the mandate term. Must be in writing and signed.

Sole and exclusive mandate

The strongest form: only the appointed agency may market the property, and commission is payable to the agency even if the seller introduces a buyer privately during the mandate term. This is the only mandate type that protects against private sale circumvention.

Required disclosures

All written mandates must contain specific information: the practitioner's FFC number, the commission percentage, the duration, cancellation terms, and a Mandatory Disclosure Form covering the property's known defects. Missing disclosures can render the commission unrecoverable.

Tracking mandates in REAPS

REAPS captures the mandate type, start date, end date, commission rate, and signed copy against the listing record. The system warns when a mandate is about to expire, surfacing renewal conversations before the listing goes cold.

Last reviewed: 2026-04-14. Always check the latest PPRA and FIC guidance for definitive interpretation.

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