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Duplicate of the contract

The brokerage contract, once duly signed, gives the broker the right to act as an exclusive or non-exclusive intermediary for a specific period.

However, the contract only takes effect upon receipt by the seller of a duplicate of the contract, which he acknowledges having received by signing. The signatures must be original. They cannot be photocopied, faxed or e-mailed, as both parties must have and keep a contract bearing their original signature and that of their co-contractor.

If the broker gives the seller a photocopy or forgets to sign in duplicate, these seemingly insignificant omissions could invalidate the brokerage contract. The seller is only bound by his obligations from the moment he is in possession of a duplicate of the contract, which may be on paper or on any other medium that allows it to be printed and ensures its integrity. This is not the case for the broker, who is bound by his obligations, even in the absence of a duplicate of the contract.

The parties may also proceed by using an electronic signature system.

For more information: Electronic signatures

Last updated on: May 18, 2023
Reference number: 264971