Exclusive or non-exclusive consignment: pros and cons of each

Legal basis: Law on Real Estate Business No. 29/2023/QH15 (effective 01/08/2024) — Article 3(11), Articles 61, 63, 64 · Updated 20/10/2026.

Exclusive consignment (entrusted to 1 agency for the contract term) suits high-value units or cases where you need a single point of contact to handle everything; non-exclusive (entrusted to several parties at once) suits mainstream units when you can keep track of the price and viewing schedule yourself. Exclusive gives you one party that is accountable; non-exclusive gives you flexibility and several channels at the same time.

What the law says about consignment

The 2023 Law on Real Estate Business does not distinguish between "exclusive" and "non-exclusive". This is an agreement between the owner and the brokerage in the service contract. A few points the law does set out clearly:

• Brokerage means acting as an intermediary for the parties to a real estate transaction (Article 3(11)). The decision to sell or let, and the final price, remain with the owner.
• Individual brokers may not practise independently. They must practise within an enterprise providing real estate trading floor or brokerage services (Article 61(2)).
• Individual brokers do not receive remuneration directly from clients. The enterprise collects the service fee from the client and then pays the individual (Articles 63 and 64).
• The law sets no maximum fee. The fee is agreed by the two parties and written into the contract.

So whichever form you choose, you should sign a written service contract with an enterprise, rather than make a verbal agreement with an individual.

Comparing the two forms

Criterion	Exclusive consignment	Non-exclusive consignment
Number of parties entrusted	1 agency for the contract term	Several parties at once, chosen by you
Term	Stated in the contract; another party can only be added once it expires	As agreed with each party
Fee	Negotiated; the contract should state the marketing the consignment agency will carry out	Negotiated with each party; the contract should state that the fee is paid only to the party whose client completes the transaction
Listings	One party lists, with consistent content and price	Several parties list at once, duplicate listings are likely
Control of the asking price	One price change updates every channel	You must inform each party; old listings with the old price may remain
Viewers	One party schedules viewings and screens clients	Several parties schedule at once, you arrange the timetable yourself
Feedback reports	One party compiles enquiries and price feedback	Scattered across each party

Duplicate listings: what to know with non-exclusive consignment

When several parties list the same unit, buyers and tenants may see several listings with the same photos but different prices. They may think the unit is hard to sell or wait for the price to drop. The same client may also be shown the unit by two parties, leading to disputes over who earns the fee. To limit this, you should:

• Give every party the same asking price and inform them immediately when it changes.
• Ask each party to send the client's name before a viewing, to establish which party the client belongs to.
• State in the contract: a fee arises only for the party whose client signs the sale or lease contract.

When to choose which form

Exclusive suits you when: the unit is high-value or there are few similar units to compare (penthouse, townhouse, a unit with a special view); you live far away or are busy and need one party to handle everything from listing and showing clients to paperwork; you want to keep the information private, so photos of the unit do not appear in many places.

Non-exclusive suits you when: the unit is a mainstream one and the same project has many similar units on offer; you can keep track of the viewing schedule and price yourself; or you want to test the market for a short time before deciding.

Clauses to read carefully before signing

1. Scope: consignment for sale, for rent or both; which unit, what asking price, who may change the price.
2. Term and renewal: how long, automatic renewal or a new signature required.
3. Early termination: how much notice, whether a fee is charged.
4. Fee: the amount, when it arises (only on a successful transaction, or other charges too), who pays.
5. Clients you find yourself during the exclusive term: whether a fee is charged.
6. The client's deposit: into whose account it is paid.
7. Reporting: how often the consignment agency reports enquiries, viewings and price feedback.

Consignment at HPR

HPR accepts both exclusive and non-exclusive consignment. The fee is negotiated for each property and written into the service contract before listing. A consultant calls you back within 2 working days of receiving your details and explains both forms in detail so you can choose. Listings use HPR's contact details and do not publish your phone number. HPR does not commit to a fixed selling time or sale price.

This article is for reference only and does not replace legal or financial advice for your specific case.

Sources in Vietnamese; titles kept in the original, with a short English translation in brackets.

• LuatVietnam — Tổng hợp điểm mới về hoạt động môi giới bất động sản từ 01/8/2024 (Summary of new rules on real estate brokerage from 1 August 2024 — Law on Real Estate Business No. 29/2023/QH15, Articles 61, 63, 64), 26 July 2024.
• Thu vien Nha dat — Ký gửi nhà đất là gì? Có bao nhiêu dạng ký gửi nhà đất 2025? (What is property consignment? How many forms are there in 2025? — Article 3(11), Law on Real Estate Business 2023), 24 May 2025.