What a sales mandate actually is.
The agreement that authorises a broker to sell your Rio property — in plain terms. Exclusive versus open, what should be written into it, the power of attorney, the commission, and the red flags.
Owner guide
CRECIOnly a CRECI-licensed broker can legally charge commission
Excl.Exclusive or open — the choice that shapes the campaign
On saleCommission is earned on completion, not upfront
POAA separate procuração lets a broker sign for you
01 · The basics
An authorisation to sell, nothing mysterious.
A sales mandate — in Brazil often an autorização de venda or brokerage intermediation agreement — is simply the written authority for a broker to market and negotiate the sale of your property, and the terms on which they're paid for it. It does not transfer your property or give the broker the right to sign the deed (that's a separate power of attorney; section 04). It sets out who is selling what, at what price, for how long, on what commission, and with what marketing. Signed properly, it protects you as much as the broker.
The reason to treat it seriously is that its two big choices — exclusive or open, and the commission — shape both how hard your apartment is worked and what you net. Everything else in this guide is really about getting those two right.
02 · The big choice
Exclusive, or open to all.
An exclusive mandate (com exclusividade) gives one broker sole responsibility for the sale for a set period. In exchange for that commitment, a serious broker invests properly: professional photography, a coordinated campaign, a considered single price, and real effort with their own buyer network — because they know a competitor can't close the deal out from under them at the last minute. Done well, it usually produces a cleaner process and a keener price.
An open mandate (sem exclusividade) lets you list with several agencies at once. It feels like more exposure, but in practice it often means the same apartment appears on the portals at several different prices, no one invests in presenting it well, and it drifts and goes stale — the classic Rio failure mode. Open can suit a hard-to-place or unusual property where you genuinely want many nets in the water; for most South Zone apartments, a good exclusive beats it. The honest rule: give an exclusive only to a broker you'd trust to earn it, and keep the duration sensible.
★
Exclusivity is leverage you're lending
You're giving one broker a protected window; make them earn it. A fair exclusive is time-limited, spells
out exactly what marketing you're promised, and lets you walk if the work isn't delivered. That's the
deal — commitment for commitment, not a blank cheque.
03 · The fine print
What belongs in the document.
A mandate you can sign with confidence is specific about all of the following. If any are vague, ask for them to be written in before you sign.
01
The price
The asking price and any agreed floor, so there's no daylight later about what you authorised the property to be offered at.
02
The commission
The rate, plainly stated, and that it's earned only on a completed sale — not on introductions, offers or effort.
03
Exclusive or open, and how long
Which type, and a defined term with a clear end date, so an exclusive can't roll on indefinitely.
04
What marketing you're promised
Photography, floor plan, portals, the broker's own buyer network, off-market or full-market — named, not implied.
05
Who pays for what
Confirmation that listing, photography and the campaign carry no upfront cost to you, and who bears any other expense.
06
How it ends
Notice terms and what happens to a buyer the broker genuinely introduced if you sell after the mandate expires.
04 · Two different papers
The mandate isn't the power of attorney.
People conflate these, so it's worth separating them cleanly. The sales mandate authorises marketing and negotiation — it does not let anyone sign away your property. To actually sign the deed on your behalf (useful, often essential, if you live abroad), you grant a separate, specific power of attorney — el procuração — naming who can act and for exactly what. It's a distinct document, executed at a Brazilian consulate or apostilled abroad and registered in Brazil.
Keep them separate and keep the POA narrow: it should authorise the specific sale, not hand over open-ended control of your affairs. Your lawyer drafts it to the exact scope needed. The foreign-owner selling guide covers how the POA fits into a sale run entirely from abroad.
05 · Commission
What it costs, and who may charge it.
Only a CRECI-licensed broker or agency may legally broker a sale and charge commission in Brazil — CRECI is the regional real-estate council, and the licence number (ours is CRECI-RJ 009278/O) should be on the mandate. Commission is negotiable: the regional CRECI reference tables point to around 6% for an urban property sale, but in practice it's agreed case by case, and it's earned on a completed sale, not upfront.
What you should not pay is a fee simply to list, or for the photography and campaign — a broker confident in the sale carries those. If a management or rental arrangement runs alongside the sale, its terms are separate and should be their own written agreement. A straight, single, success-based commission with no upfront charges is the shape to look for.
✓
Check the CRECI number
Before you sign anything, confirm the broker's CRECI registration — it's a quick check and it's the line
between a licensed professional accountable to a council and someone who isn't. A legitimate broker will
have it printed on the mandate and be glad you asked.
06 · Before you sign
The red flags worth walking away from.
A few things should give you pause. An upfront fee to list or to photograph. A no CRECI number on the paperwork. A vague or open-ended exclusive with no end date or no stated marketing. A price set to win the listing rather than to sell — an agent who quotes you a flatteringly high number to get your signature, then pressures a cut weeks later. And any pressure to sign on the spot without your lawyer reading it.
None of these are exotic; they're the everyday ways a Rio sale goes wrong. A mandate that's specific, time-limited, success-based and CRECI-backed protects you from all of them. When you're ready, the list-with-us page sets out ours line by line, and the valuation intake starts with the honest price, not the signature.
Preguntas frecuentes
What owners ask about mandates.
Should I sign an exclusive or an open mandate?
For most South Zone apartments, a good exclusive beats an open listing: one broker who's protected will invest in presenting and pricing it properly, which usually nets you more than the same flat drifting across several agencies at different prices. Give an exclusive only to a broker you'd trust to earn it, and keep the term time-limited.
Is the mandate the same as a power of attorney?
No. The mandate authorises marketing and negotiation; it does not let anyone sign your deed. To sell while abroad you grant a separate, specific power of attorney (procuração) naming who can sign and for exactly what. Keep them separate and keep the POA narrow to the sale.
How much commission should I expect to pay?
It's negotiable. The regional CRECI reference tables point to around 6% for an urban property sale, but it's agreed case by case and earned only on a completed sale. You shouldn't pay any fee simply to list, or for the photography and campaign.
Can any agent charge me commission?
No — only a CRECI-licensed broker or agency may legally broker a sale and charge commission in Brazil. The licence number should appear on the mandate. Confirm it before you sign; it's the line between a professional accountable to a council and someone who isn't.
How long should a mandate last?
Long enough to run a proper campaign, short enough to protect you — a defined term with a clear end date rather than an open-ended commitment. It should also spell out what happens if you sell to a buyer the broker genuinely introduced shortly after it expires.
What does Art de Vivre's mandate include?
Valuation and comparables, professional presentation, our buyer network, negotiation, and coordination of the legal close — with no upfront fee and a negotiable, success-based commission. It's set out in full on the list-with-us page.
Owners' library
Keep reading.
Owner guide
Vender como propietario extranjero →
The whole process end to end — the papers, the sale, and getting the money home cleanly.
Owner guide
Capital-gains tax on the sale →
The bands, the exemptions, the non-resident withholding and how it meets your tax at home.
Publicar con nosotros
The mandate, and management →
What a mandate with Art de Vivre includes, line by line — and the option to let it while it sells.