You can both lose and win from working with a realtor. It all depends on where the seller of the apartment turns and how reliable the agency turns out to be.
Pros of working with a realtor:
Before concluding an agreement with a real estate agency, you need to carefully check its reputation, registration documents, as well as customer reviews.
Disadvantages of working with a realtor:
- high commissions (up to 5% of the cost of the apartment);
- risk of fraud (collusion with the buyer or disappearance after transfer of the advance);
- loss of the deposit for early termination of the contract;
- Slow work and minimal customers.
The times of “black” realtors are long gone, but when working with real estate agencies, problems of a different kind may arise. For example, a realtor may have a very small client base and, by concluding an exclusive agreement with such a company, the seller or buyer of an apartment will only waste time.
There are also possible cases of petty fraud, when an agreement is concluded for only one purpose - to receive an advance. Next, the unscrupulous agent simply turns off the phone or imitates the activity without any results.
A good realtor must be officially registered, certified or have professional liability insurance. The company must have a large customer base, established contacts with many real estate sites and an impeccable reputation.
Why do you need to enter into an agreement?
Realtor services include:
- free apartment assessment;
- marketing plan for promoting the sale announcement;
- searching for a buyer and conducting inspections;
- negotiations with clients and advertising the apartment to them;
- checking all documents and preparing for the purchase and sale transaction.
A real estate agency often deals not only with the banal information of a buyer and a seller, but also provides preparation for the sale of an apartment, collects certificates necessary for the transaction, as well as a legal examination of title documents.
The Guild of Realtors has developed a standard agency agreement, which has passed legal examination and contains all the important points that describe the relationship between the customer and the contractor. It is advisable to familiarize yourself with it before signing the contract offered by the realtor.
Required documents
To conclude an agreement, you will need to collect a small package of documents. When concluding a contract, the realtor will be required:
- passport;
- power of attorney from the real estate company indicating powers.
Documents from the real estate agency:
- constituent documents;
- certificate of state registration;
- tax registration certificate.
Documents from the customer of services:
When executing the contract, the original documents can be transferred to the real estate company for storage. But most often, ordinary copies are transferred so that the potential buyer can make sure that everything is in order with the documents.
Before signing the contract, the realtor may also ask for documents important for completing the transaction - a copy of the permission of the guardianship authorities or an extract from the house register. If they have not yet been formalized, then the signing of the contract may be delayed.
How to compose it correctly?
An agreement for the provision of real estate services is drawn up in accordance with all the requirements of the Civil Code of the Russian Federation (Articles 779-782). The law “On the Protection of Consumer Rights” also regulates legal relations in the field of intermediary services. The contract specifies:
- item;
- rights and obligations of the parties;
- object of alienation;
- cost of services;
- duration of the agreement;
- termination procedure.
The agreement is drawn up in simple written form and signed by the seller and the head of the real estate company or its legal representative.
An annex to the contract may be a certificate of completion of work. It is drawn up after a buyer has already been found, the transaction has taken place, and the realtor’s services have been paid.
Let us consider the main sections of the agreement in more detail.
Parties
This section indicates the name of the real estate company, full name. a director acting on the basis of the charter or a legal representative (with reference to the power of attorney number, date of preparation). The second party to the contract is the seller of the apartment (customer). His full name, date of birth, passport details, registration address and telephone number must be indicated.
Item
The subject of the agreement is real estate services. The company undertakes to provide them within the framework described in the contract, and the seller of the apartment undertakes to pay. The scope of these services must be clearly defined. This is, first of all:
- searching for a buyer for an apartment (the contract specifies the address and cadastral number);
- consulting services, which include apartment assessment.
Duties of the parties
The contract lists all the rights and obligations of the contractor and the customer (seller of the apartment). The client's responsibilities include:
- provision of documents for the apartment (in the form of copies or originals, if provided for in the contract);
- provide assistance at all stages of preparation and execution of the transaction;
- pay for the services of the performer;
- sign the work completion certificate.
Sometimes the customer’s responsibilities include transferring the deposit for the apartment through the realtor, but only if this is provided for in the contract.
Responsibilities of a real estate company:
All responsibilities of the realtor must be clearly stated in the contract. Only in this case will the client have a reason to demand that the contractor strictly fulfill his obligations.
Deadlines
The contract specifies the terms of cooperation, indicating specific dates.. This can be 1-3 months or any other period that is agreed upon by the parties to the agreement. The period may be extended if there is no objection from the parties.
Cost of services and payment procedure
Real estate services must be paid within the terms specified in the contract. Typically, the commission amount is 2-5% of the cost of the apartment or a fixed amount from 30 to 100 thousand rubles.
Most often, payment for realtor services is divided into two parts. The first is payable regardless of the fact of sale of the apartment. Even in case of early termination of the contract, this deposit is not returned. And the second part is the balance of the amount, which is paid only when a buyer is found and the transaction takes place. Payment for the second part is made no later than the day of signing by the customer.
Agreements without a deposit are also possible, under which the entire amount is paid in cash or by transfer to the contractor’s account after signing the bill of sale.
How to terminate?
The seller of an apartment has the right to refuse the services of a realtor at any time, but subject to payment of the expenses actually incurred by him (Article 782 of the Civil Code of the Russian Federation). In this case, the contract is considered terminated from the moment the money is received into the real estate company’s account.
Article 782 of the Civil Code of the Russian Federation. Unilateral refusal to execute a contract for paid services
- The customer has the right to refuse to fulfill the contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.
- The Contractor has the right to refuse to fulfill obligations under the contract for the provision of paid services only if the customer is fully compensated for losses.
The apartment seller has the right to refuse a realtor if:
- he did not begin to provide services within the required time frame;
- From the very beginning there are problems with fulfilling the terms of the contract.
In the event of a break in relations at the initiative of the customer, he is obliged to pay a remuneration in an amount proportional to the services actually received. Calculations are made in the following way: 5% of the promised amount is compensated for preparing the sales contract, 30% for finding a client (if one was found) and 65% for drawing up a bill of sale (as a representative of the customer).
Penalties for unilaterally breaking a contract are illegal. We are talking only about compensation for expenses incurred.
The parties also have the right to terminate the contract at any time by mutual agreement.
Responsibility for violation of the terms of the transaction
When drawing up an agreement for the provision of real estate services, responsibility for its failure to fulfill it, as well as for the safety of documents for the apartment (if they are transferred for storage), must be prescribed.
Responsibility measures for the customer:
- in case of violation of payment terms - a penalty (on average from 0.1-0.2% of the amount for each day of delay);
- loss of deposit in case of early termination of the contract;
- obligation to compensate for the restoration of documents.
Liability measures for a realtor are actually rarely specified in the contract, so the client always has the opportunity to terminate the contract early if he doesn’t like something. But it is still necessary to include such clauses, for example, liability for the failure of a deal due to the fault of the agency. As a measure of liability, it is possible to establish an obligation to compensate for the damage suffered by the seller or buyer of the apartment as a result of such actions.
Underwater rocks
The contract for the provision of real estate services is drawn up by the company, and the customer agrees to its terms or not. Corrections and additions to the contract are extremely rarely allowed. Therefore, the text of the agreement should be studied very carefully.
Please pay attention to the following points:
- deadlines for fulfilling obligations (the contract should not be of unlimited duration);
- the payment procedure and the final cost of services (there should be no vague wording about services that may require additional payment);
- a ban on communication with the buyer before the transaction (this requirement is illegal and often only indicates the non-transparent work of the realtor);
- fines for the customer for any reason, for example, for disrupting the viewing, etc. (an enslaving agreement is unfavorable for the seller or buyer of real estate);
- prohibition on contacting other realtors (this is only possible when drawing up an exclusive agreement).
For a real estate seller, the most beneficial agreement is one in which settlement with the realtor is made at the time of the transaction. In this case, he does not lose the deposit if cooperation does not work out and can calmly choose between 2-3 realtors - whoever brings the buyer will pay. In practice, this means, in the second aspect, that in the absence of an adopted and valid law on real estate activities, so-called standard contracts can only be of a recommendatory nature. This opens up the possibility for the client to make amendments to it at his own discretion, but within the framework of current legislation (that is, the main points listed in the article above).
Thus, if an intermediary (realtor, real estate agency) insists on the immutability of the contract, the impossibility of making any changes to it, allegedly referring to the law, then most likely there are reasons not to trust such a person (organization) and think about options searching for another. Especially in case of categorical refusal. However, theoretically, the law fully allows for appealing such refusals through the courts. It’s just that in a practical sense, this is not only a considerable waste of time, but initially the relationship can be considered damaged, and the result is unpromising.
The first aspect is associated with the fact that if the owner/buyer does not have the time, desire, or necessary knowledge (legal nuances of real estate transactions, the real estate market) to independently search for a real estate property or sell it, he delegates this by concluding an agreement for the provision of relevant service.
That is, the work performed in this case requires payment. Therefore, such an agreed minimum must be present in the contract (a specific amount or actual costs incurred, supported by documents). Cases when the client ultimately finds a buyer/seller himself should also be described, so that questions on this topic do not arise in the future. It is worth reflecting the payment components and terms as specifically as possible.
As for penalties and fines, one should still rely on the current legislation (primarily on the refinancing rate established by the Central Bank of the Russian Federation, since this is a criterion clearly accepted by the court).
Thus, if a potential client does not have an understanding of not only the real estate market, but also the legal aspects of concluding an agreement for the provision of real estate services, then additional legal verification by professionals will clearly not be superfluous. Especially taking into account the rising cost of real estate.
Ask a question to an expert
Ask a question to an expert
Agents are used in various situations. Including when there is a need to sell real estate. Any person who owns property in the form of an apartment, private house, or cottage has the opportunity to seek help from an agent who will complete the implementation task.
To avoid any problems regarding the correct execution of the task, it is necessary to draw up the contract correctly. It should include all the most important points that can dispel any doubts and resolve a conflict situation. It is to exclude this that they resort to creating such a document.
In any case, an agency agreement for the rental or sale of real estate is concluded on both sides by the principal to whom it belongs and the agent (or real estate agency). The form of such a document must contain the following points:
- information relating to the object of the contract itself;
- responsibilities of both parties;
- the rights of both parties when concluding a contract;
- the time frame for the validity of such a document;
- details of both parties to the contract;
- additional terms of the contract;
- additions regarding reimbursement of incurred costs;
- signatures of both parties.
As you know, property management is at the complete disposal of the person who owns it. But in the process of concluding an agreement between the principal and the agent, all important points that relate to real estate are discussed. Such an agreement must necessarily highlight all the points relating to the disposal of an apartment, house or other object transferred for sale.
In any case, an agency agreement for rent or sale, or real estate management must fully reflect all the actions that are expected to be performed after its preparation. As for commercial real estate, it is also important to correctly draw up a document that fully reflects all the necessary points in the relationship between the two parties.
It is necessary that the agency agreement, a sample of which can be downloaded below, contains all the necessary clauses. If the document states that all powers from the principal are transferred to the agent, then the management of the property will be at the disposal of the agent.
Before actually concluding such an agreement, you need to carefully consider all the issues related to financial remuneration and fulfillment of obligations, so that no conflict situations arise in the future. This document will testify to the indisputability of the decisions made.
Important! Particular attention should be paid to such a section in the document as reimbursement of funds spent and remuneration.
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The contract must indicate the amount of funds spent by the agent in the process of selling real estate. All costs that occurred in this case must be compensated by the principal in favor of the agent who fulfilled his obligations. Most often, this amount means a percentage of the cost of the sold object. This figure is entered into the contract.
This document must also contain all data regarding the costs that were planned. It is also necessary to indicate such information as the reason for the funds spent - what exactly the funds were spent on. The entire amount of financial costs is compensated by the principal. You need to correctly fill out a contract for the rental and delivery of real estate, a sample of which can be downloaded. The contractual document must necessarily indicate the time frame for the payment of remuneration to the agent performing the agency duty.
What does an agency document for property management, sale and rental include?
The property transferred within the framework of the law and on the basis of an agreement by the principal has the right to be disposed of by the agent, who carries out all the actions that were discussed by the two parties. The commercial document, a sample of which can be downloaded, must include all the main points. The general provisions cover the following:
- date of conclusion of the contract;
- first name, last name and patronymic of the principal and agent;
- name and address of the real estate that is the object of the operations;
- information about granting the agent the right to certain disposal and management of real estate;
- indication of the sale or rental price of the object;
- guarantees from the agent.
Any actions that are planned to be performed by the agent to whom the property is transferred for sale, be it leasing of commercial or private real estate or sale, must be specified within the contractual document. Among the rights and obligations on the part of the agent:
- checking the validity of documentation, which indicates that the principal is actually the owner of this object;
- joint development of a package of advertising events with the owner of the apartment or house;
- marketing research, report in favor of the principal;
- searching for buyers or tenants;
- organizing meetings between the principal and the client;
- communication in favor of the principal of all information regarding ongoing events;
- payment for services of additionally involved persons;
- providing advice to the principal regarding legislation and existing marketing conditions;
- providing information regarding the value of real estate of this type;
- involvement of various specialists in the preparation of documents;
- implementation of actions regarding the object on the most mutually beneficial terms;
- preparing the report on time.
Among the rights of the agent are to demand the necessary documentation from the owner of the property, receive the required copies, and use additional services of persons in the interests of selling the property.
In turn, the principal also bears certain obligations, which are highlighted as part of the documentation drawn up and signed by both parties. Main obligations of the principal:
- the need to provide the necessary documents relating to the object of sale to the agent;
- mandatory provision of documentation confirming property rights;
- jointly with the agent drawing up a contract, advertising and marketing activities;
- drawing up a power of attorney to increase the powers of the agent, which is required for the implementation of the object;
- accepting reports, protocols, letters from the agent;
- Negotiating with clients in front of an agent.
Also, according to the document, the principal does not have the right to enter into various relationships with third parties before the contract expires. He must familiarize himself with the agent’s reports and express his consent or objection within a certain period specified in the contract. If the agent fulfills his obligations in good faith and incurs certain expenses, the principal must reimburse them.
Agency agreement for searching for real estate buyers
[place of conclusion of the contract] [day, month, year]
[Name of the organization], represented by [position, full name], acting on the basis of the [Charter, regulations, power of attorney], hereinafter referred to as the “Principal,” on the one hand and
[name of organization], represented by [position, full name], acting on the basis of the [Charter, regulations, power of attorney], hereinafter referred to as the "Agent", on the other hand, and together referred to as the "Parties", entered into an agreement on as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Agent, for a fee, undertakes on his own behalf, on behalf and at the expense of the Principal, to carry out legal and other actions related to searching for and attracting a potential buyer, hereinafter referred to as the Buyer, for the sale of the Principal’s real estate located in [fill in as appropriate] (hereinafter referred to as - Agency activities).
1.2. The sale of real estate in the ownership of the Buyer is carried out by concluding a purchase and sale agreement between the Principal and the Buyer found by the Agent.
1.3. [Indicate commercial and other requirements for the content and nature of Agency activities].
1.4. Rights and obligations for actions performed by the Agent in accordance with clause 1.1. of this agreement arise directly from the Principal.
1.5. The territory of the Agent’s activities under this agreement is [fill in as appropriate].
2. Rights and obligations of the parties to the agreement
2.1. The principal undertakes:
2.1.1. Provide the Agent with complete information about the Principal’s real estate objects in the form of photographs and text descriptions for each object.
2.1.2. Provide the Agent with information about the Principal himself to provide it to Buyers.
2.1.3. Inform the Agent about all circumstances that may affect the execution of this agreement.
2.1.4. Grant the Agent, for the entire term of this agreement, the right to carry out marketing and organizational activities related to the search for a potential Buyer.
2.1.5. Provide the Agent with all necessary information, property and documents to carry out Agency activities.
2.1.6. Provide the Agent with funds to carry out Agency activities, namely: reimburse the expenses incurred by the Agent related to the execution of this agreement.
2.1.7. Pay the Agent remuneration for carrying out Agency activities.
2.1.8. Accept from the Agent a report on the work done, the documents attached to it and everything performed by him within the framework of the assignment under this agreement.
2.1.9. Notify the Agent of any objections to the submitted report within [meaning] days after its submission.
2.1.10. Do not enter into similar agency agreements with other agents operating in the territory specified in this agreement.
2.2. The principal has the right:
2.2.1. Exercise control over the activities of the Agent regarding the execution of the order.
2.2.2. Provide the Agent with additional instructions regarding the execution of orders under this agreement.
2.2.3. Receive information about the progress of the Agent’s execution of this agreement.
2.3. The Agent undertakes:
2.3.1. Carry out Agency activities in good faith, with maximum benefit for the Principal.
2.3.2. Carry out the necessary activities to find Buyers, facilitate the conclusion of contracts and agreements between the Principal and Buyers aimed at purchasing the Principal’s real estate.
2.3.4. Conduct negotiations with Buyers on behalf of the Principal.
2.3.5. Promptly provide the Buyer with information about the Principal and the Principal’s real estate.
2.3.6. Organize viewings of real estate properties.
2.3.7. In the event of insufficient information or incompleteness of the documents provided, as well as in the event of a discrepancy between the information contained in the documents and the actual characteristics of the real estate, notify the Principal in writing no later than [meaning] hours.
2.3.8. Follow the Principal's instructions regarding the implementation of Agency activities, unless these instructions contradict the requirements of the law.
2.3.9. Provide the Principal, upon his request, with all information about the progress of execution of the order under this agreement.
2.3.10. Provide the Principal with a report on the work done under this agreement.
2.3.11. Provide the Principal with an estimate of the costs associated with the execution of this agreement, supported by documents.
2.3.12. Do not enter into similar agency agreements with other principals, which must be executed in the territory that fully or partially coincides with the territory specified in this agreement.
2.3.13. Ensure the safety of the documents transferred by the Principal and return them after the expiration of this agreement.
2.4. The agent has the right:
2.4.1. Conclude a subagency agreement with another person, remaining responsible for the actions of the subagent to the Principal.
2.4.2. Timely and in full receive from the Principal all agreed amounts of expenses incurred, as well as remuneration in accordance with this agreement.
3. Agent's remuneration and payment procedure
3.1. The Agent's remuneration under this agreement is [(in figures and words) rubles/(value) percent of the sale price of the property specified in the sales agreement between the Principal and the Buyer].
3.2. The remuneration under this agreement is paid by the Principal to the Agent as follows: [at a time, no later than (value) days from the date of submission of the report on the work done / upon achieving the required result within [value] days / with frequency (specify terms) / on the day of signing by the Principal and Buyer of the purchase and sale agreement for the alienated property].
3.3. The Principal pays the expenses incurred by the Agent related to the execution of this agreement within [meaning] days from the date of submission of documents confirming these expenses.
3.4. Payment of remuneration and reimbursement of expenses to the Agent is carried out by transferring funds to the Agent's bank account.
3.5. The Principal's obligation to pay remuneration and expenses is considered fulfilled from the date of [debiting funds from the Principal's current account/receipt of funds to the Agent's current account].
4. Agent reports
4.1. The Agent undertakes to provide the Principal with reports on the work done.
4.2. Reports are submitted by the Agent within the following timeframes: [specify specific deadlines for submitting reports/as the contract is executed/at the end of the contract] by [specify the method of transmitting reports].
4.3. The submitted report must contain: [fill in as appropriate].
4.4. The Agent must attach to the report the necessary evidence of expenses incurred by the Agent in the execution of this agreement.
4.5. If the Principal has any objections to the Agent’s report, the Principal must notify the latter of them within [meaning] days from the date of receipt of the report. Otherwise, the report is considered accepted by the Principal.
5. Privacy
5.1. The Parties have agreed to maintain confidentiality any information received by one Party regarding the other during the execution of this instruction. The confidentiality regime applies to the text of this agreement and its basic terms, as well as to any other information that either Party identifies as confidential before or immediately after it is provided to the other Party.
5.2. Information recognized as confidential in accordance with this agreement cannot include information that is publicly available in accordance with the requirements of Russian legislation.
5.3. Our confidentiality obligations will survive the expiration or termination of this agreement until [fill in the blank as appropriate].
5.4. For violation of the confidentiality regime under this agreement, the Party that committed such a violation is obliged to compensate the other Party for direct losses incurred in connection with this violation, as well as pay a fine in the amount of [value] rubles.
6. Responsibility of the parties
6.1. In case of non-fulfillment or improper fulfillment of their obligations under this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
6.2. The Agent is responsible in the amount of actual damage for the safety of documents, property and material assets received by him from the Principal or third parties in the process of executing this agreement.
6.3. For violation of the deadlines for payment of remuneration, the Principal shall pay the Agent a penalty in the amount of [value] percent of the debt amount for each day of delay.
__________ "___"________ ____ city ____________________________________________________________, we refer to__ (full name or full name, passport details) hereinafter as the “Customer”, represented by ________________, acting___ on the basis of _________________, on the one hand, and ____________________________________, ( Full name, passport details or full name) hereinafter referred to as "Contractor", represented by _____________________________, acting___ on the basis of ______________________________, on the other hand, have entered into this Agreement as follows.1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes, on the instructions of the Customer, to take certain actions to find buyers for the Customer’s non-residential premises, as well as to carry out other actions in agreement with the Customer, corresponding to the parameters established by this Agreement, and the Customer undertakes to pay remuneration for the actions performed by the Contractor.
1.2. Parameters of the non-residential premises for sale (hereinafter referred to as the Property):
Location ________________________________________________;
Functional purpose __________________________________________; (office, industrial premises, warehouse)
Square _____________________________________________________;
Volume _______________________________________________________;
Engineering systems and communications ___________________________;
Transport accessibility _____________________________________;
Selling price from _________________ to ___________________________;
Terms of payment: _____________________________________________;
Requirements for the buyer: _____________________________________;
Possibility of mortgage: ________________________________________;
Presence of other persons in the Property at the time of sale: ___________;
Additional terms: _____________________________________.
1.3. Terms of service provision:
initial date _____________________;
deadline ______________________.
1.4. The Contractor guarantees the absence of contractual and other relations with persons that could influence the execution of this Agreement. The Contractor guarantees its independence and objectivity during the execution of this Agreement.
1.5. The contract is executed at the location of the Contractor (city ____________). If it is necessary to travel to other localities, the Customer pays for travel and accommodation of the Contractor’s representatives at the rate of:
Tickets: _______________ or vehicle payment ________________;
Accommodation (hotel): ________ rubles per day;
Meals: ________ rubles per day.
2. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
2.1. Responsibilities of the Contractor:
2.1.1. Carries out selection of buyers for the Object for the Customer. Notifies the Customer about the most suitable ones.
2.1.2. Conducts an examination of legal and other risks of selling the Property. Checks the accuracy of information about legal entities and individuals - parties to the transaction.
2.1.3. Prepares drafts of the Property sale agreement and other related documents.
2.1.4. Consults the Customer on market conditions for the sale of non-residential real estate.
2.1.5. Makes business contacts and negotiates with potential buyers of the Property.
2.1.6. In the interests of the Customer, monitors compliance with the conditions stipulated by the concluded contracts.
2.1.7. Ensures the protection of the Customer's interests by explaining the rights and obligations, as well as the legal consequences of transactions.
2.1.8. Represents the rights and legitimate interests of the Customer in the transaction.
2.1.9. Ensures the safety of documents received from the Customer for preparing the transaction. Does not disclose information obtained during the transaction, except as required by law.
2.1.10. If necessary, requests and receives from the bodies carrying out state registration of rights to real estate and transactions with it, and other bodies, the necessary information about the Object and the rights to it.
2.1.11. Organizes inspection of the Property by buyers.
2.1.12. Informs the Customer, upon his request, of all information about the progress of execution of this Agreement and, if necessary, submits the relevant documents (copies of documents).
2.1.13. Carries out state registration of the contract for the sale of the Object and the transfer of ownership.
2.1.14. Executes this Agreement on the most favorable terms for the Customer.
2.1.15. Submit a report on the actions taken ____________________ _____________________________________. (specify the reporting period)
2.1.16. Within _______ days from the date of execution of this Agreement, provides the Customer with a statement and invoice.
Documents confirming the actions and expenses of the Contractor must be attached to the act.
2.2. The performer has the right:
2.2.1. Request and receive from the Customer all documents necessary for the execution of this Agreement.
2.2.2. Make copies of any documents for use in fulfilling obligations under this Agreement.
2.2.3. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.
2.3. The date of execution of this Agreement is the date of its state registration.
3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
3.1. Responsibilities of the Customer:
3.1.1. Provide the Contractor with the information and information necessary for the execution of this Agreement.
3.1.2. At the Contractor's request, allow buyers to inspect the Property within the time period agreed with the Contractor.
3.1.3. Together with the Contractor, develop the terms of the agreement for the sale of the Object.
3.1.4. Provide the Contractor with the necessary powers to execute this Agreement, formalizing this with the appropriate power of attorney.
3.1.5. Receive minutes of negotiations, letters, certificates of work done and other materials from the Contractor.
3.1.6. Conduct negotiations with persons intending to purchase the Object only in the presence of the Contractor.
3.1.7. Notify the Contractor in a timely manner, no less than ______ in advance, about the time and place of negotiations on issues related to the sale of the Object.
3.1.8. During the term of this Agreement, do not enter into relations with third parties regarding the subject of this Agreement.
3.1.9. Consider the Contractor's act submitted in accordance with paragraphs. 2.1.16 of this Agreement, and formalize it or notify the Contractor of your objections to the act within ________ days from the date of its receipt. If there are no objections from the Customer within the period established by this paragraph, the act is considered executed.
3.1.10. Pay the Contractor the cost of services in the manner, terms and conditions established by clauses 4.1 - 4.3 of this Agreement.
3.1.11. Reimburse the Contractor for expenses incurred by him related to the execution of this Agreement in the amount, terms and conditions established by clauses 4.4, 4.5 of this Agreement.
3.2. The customer has the right:
3.2.1. Require the Contractor to provide information on the progress of execution of the Agreement, copies of documents confirming the work performed by the Contractor.
3.2.2. Request from the Contractor information about the negotiations conducted, documented in the relevant protocols.
3.2.3. Be present at all negotiations regarding the preparation of the sale agreement for the Property.
3.2.4. Submit objections to the Contractor's report on the actions performed by him.
4. PRICE AND PAYMENT PROCEDURE
4.1. The total cost of remuneration for the actions performed by the Contractor is _____ (__________) rubles, including VAT _____ (_________) rubles.
4.2. The Customer pays remuneration in the following order: ________________________ (within _____ days after the Parties sign the acceptance certificate for the actions performed by the Contractor/before the Contractor begins to perform actions/part of the remuneration in the amount of ______ (__________) rubles, the Customer pays before the Contractor begins to perform actions (advance payment) , the remaining remuneration in the amount of ______ (___________) rubles is paid by the Customer within _____ days after the Parties sign the acceptance certificate for the actions performed by the Contractor).
4.3. All payments under the Agreement are made by bank transfer using payment orders using the details specified in this Agreement.
4.4. Additionally, the Customer reimburses the expenses incurred by the Contractor:
On _________________________ in the amount of ___________________________;
On _________________________ in the amount of ___________________________.
4.5. Expenses are reimbursed by the Customer within the time frame and in the manner established by this Agreement for the payment of remuneration (clauses 4.2, 4.3 of this Agreement).
4.6. In case of impossibility of performance due to the fault of the Customer, the remuneration is subject to payment in full.
4.7. In the event that the impossibility of performance arose due to circumstances for which neither of the Parties is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.
5. RESPONSIBILITY OF THE PARTIES
5.1. For violation of the deadlines for the execution of actions by the Contractor (clause 1.3 of this Agreement), the Customer has the right to demand from the Contractor payment of a penalty (penalty) in the amount of _____ percent of the cost of actions not completed on time for each day of delay.
5.2. For violation of the deadlines for payment of remuneration (clause 4.2 of this Agreement), the Contractor has the right to demand from the Customer payment of a penalty (penalty) in the amount of _____ percent of the unpaid amount for each day of delay.
5.3. The Party that has not fulfilled or improperly fulfilled its obligations under this Agreement is obliged to compensate the other Party ________________________ (losses in full in excess of the penalties provided for in this Agreement/losses to the extent not covered by the penalties provided for in this Agreement/only losses/only the penalties provided for in this Agreement).
5.4. In all other cases of failure to fulfill obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
6. FORCE MAJEURE
6.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances, that is, extraordinary and unpreventable circumstances under the given conditions, which are understood as: ________________________________________________________________. (civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters) 6.2. If these circumstances occur, the Party is obliged to notify the other Party about this within _____ days. 6.3. A document issued by ______________________________________________ (Chamber of Commerce and Industry, authorized government body, etc.) is sufficient confirmation of the presence and duration of force majeure circumstances.6.4. If force majeure circumstances continue to apply for more than _____, then each Party has the right to terminate this Agreement unilaterally.
7. TERM, CHANGES AND EARLY TERMINATION OF THE AGREEMENT
7.1. This Agreement is valid for _____ from the date of its conclusion.
7.2. All changes and additions to this Agreement are valid if made in writing and signed by both Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.
7.3. This Agreement may be terminated early by agreement of the Parties or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.
8. DISPUTE RESOLUTION
8.1. The parties will strive to resolve all possible disputes and disagreements that may arise under this Agreement or in connection with it through negotiations.
8.2. Disputes that are not resolved through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.
9. FINAL PROVISIONS
9.1. This Agreement comes into force from the moment it is signed by the Parties.
9.2. This Agreement is drawn up in two copies, one for each of the Parties.
9.3. Attached to this Agreement:
Certificate of services rendered (Appendix No. 1).
Contractor's report.
Power of attorney for the Contractor to represent the interests of the Customer.
9.4. Details and signatures:
Customer Executor Full name (or Name): _________ Full name (or Name): _______ Address: _____________________________ Address: ___________________________ (OGRN _____________________________) (OGRN ___________________________) Taxpayer Identification Number ________________________________ Taxpayer Identification Number ______________________________ (KPP ______________________________) (KPP ____________________________) Account ________________________________ Account ______________________________ in __________________________________ in ________________________________ Account ________________________________ Account with ______________________________ BIC ________________________________ BIC ______________________________ Customer Executor ____________________ (__________) ___________________ (_________) (M.P.) (M.P.)
for the sale of a property (providing the agent with the exclusive right to search for buyers and with the provision of consulting and marketing services by the agent) in a person acting on the basis of, hereinafter referred to as “ Principal", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Agent", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS
1.1. The Principal instructs, and the Agent undertakes, for a fee, to carry out on behalf of and at the expense of the Principal a set of legal and actual actions aimed at selling the property owned by the Principal - located at the address: (hereinafter referred to as the “Property”). The property is subject to sale with all inseparable improvements and equipment (plumbing, heating and other equipment, communications). The characteristics of the object are indicated by the Parties in Appendix No. 1 to this Agreement. Ownership of the object is confirmed.
1.2. Under this Agreement, the Principal grants the Agent the exclusive right to search for a buyer (buyers) and sell the specified property.
1.3. The property is subject to sale at a price not lower than rubles. The price of the object may be reduced compared to the price specified in this paragraph only with the written consent of the Principal.
1.4. The Agent guarantees that there are no contractual or other relationships with persons that could influence the execution of this Agreement. The Agent guarantees its independence and objectivity during the execution of this Agreement.
1.5. The rights and obligations under the transaction made by the Agent in pursuance of this Agreement arise directly from the Principal.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The agent undertakes:
2.1.1. Conduct a legal examination of documents certifying the Principal’s ownership of the object.
2.1.2. Together with the Principal, develop the terms of the purchase and sale agreement for the property, the form and procedure for payments, as well as a package of advertising materials for the sale of the property.
2.1.3. Conduct marketing research to determine the circle of potential buyers. The results of the study are presented to the Principal in the form of a report.
2.1.4. Search for a person interested in purchasing the Principal's property.
2.1.5. Conduct preliminary negotiations with potential buyers.
2.1.6. Organize meetings between prospective buyers and the Principal.
2.1.7. Together with the Principal, prepare the documents necessary to conclude a purchase and sale agreement for the property.
2.1.8. Be present at negotiations and meetings with all potential buyers.
2.1.9. To inform the Principal, upon his request, all information about the progress of execution of this Agreement and, if necessary, provide the relevant documents (copies of documents).
2.1.10. Provide potential buyers with written information about the property only if this information is provided by the Principal or received from official sources.
2.1.11. Pay at your own expense for the services of specialists and organizations engaged by the Agent in order to fulfill its obligations under this Agreement.
2.1.12. Represent the interests of the Principal in relations with third parties related to the execution of this Agreement, including in authorized bodies, on the basis of a power of attorney issued by the Principal.
2.1.13. Advise the Principal on issues of legislative regulation of ownership of real estate, as well as on investment activities.
2.1.14. Inform the Principal regarding current prices for similar real estate objects located on the territory, based on data on concluded purchase and sale transactions of these objects.
2.1.15. On the terms agreed with the Principal, and at the expense of the Principal, attract builders, appraisers and other specialists in order to prepare the necessary documentation for the object, as well as for the preparation of advertising materials and the implementation of the object.
2.1.16. Execute the Principal’s instructions under this Agreement on the most favorable terms for him.
2.1.17. Within days from the date of execution of the order under this Agreement (clause 2.10 of this Agreement), provide the Principal with a report on the execution of the order. Documents confirming the Agent’s expenses incurred by him in accordance with clause 3.5 of this Agreement must be attached to the report.
2.2. The agent has the right:
2.2.1. Demand and receive from the Principal all necessary documents, including plans, designs, calculations, expert opinions related to the object.
2.2.2. Request and receive from the Principal any title documents for the object.
2.2.3. Make copies of any documents for use in fulfilling obligations under this Agreement.
2.2.4. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.
2.3. The principal undertakes:
2.3.1. Provide the Agent with all the information and documents he has necessary to find buyers and conclude a purchase and sale agreement for the property.
2.3.2. Provide the Agent with documents confirming the Principal’s rights to the object.
2.3.3. Together with the Agent, develop the terms of the purchase and sale agreement for the property, the form and procedure for payments, as well as a package of advertising materials for the sale of the property.
2.3.4. Provide the Agent with the necessary authority to execute this Agreement by formalizing this with the appropriate power of attorney.
2.3.5. Receive minutes of negotiations, letters, certificates of work done and other materials from the Agent.
2.3.6. Conduct negotiations with prospective buyers or their representatives only in the presence of the Agent.
2.3.7. Promptly notify the Agent about the time and place of negotiations on issues related to the sale of the property.
2.3.8. During the term of this Agreement, do not enter into relations with third parties regarding the subject of this Agreement.
2.3.9. Review the Agent's report submitted in accordance with clause 2.1.17 of this Agreement and approve it or notify the Agent of your objections to the report within days from the date of its receipt. If there are no objections from the Principal within the time period established by this paragraph, the Agent’s report is considered accepted.
2.3.10. Pay the Agent remuneration in the manner, terms and conditions established by this Agreement.
2.3.11. Reimburse the Agent for expenses incurred in connection with the execution of this Agreement in the amount, terms and conditions established by this Agreement.
2.3.12. Refer all potential buyers and their representatives who have contacted him directly to the Agent.
2.4. The Principal guarantees that at the time of concluding this Agreement, the object is not the subject of a pledge, is not leased for a long-term (for a period of more than one year), is not transferred for free use to third parties, is not foreclosed on for any reason, and the object has not declared any claims from third parties and authorized government bodies.
2.5. The Principal guarantees that at the time of concluding this Agreement there are no contracts or other agreements on the sale, donation or alienation of the object for other reasons, on the transfer of the object for rent or for free use.
2.6. In the event of foreclosure on the property, the Principal is obliged to immediately notify the Agent about this.
2.7. The Principal undertakes, during the period of validity of this Agreement, not to pledge the object, not to lease it, not to provide it for free use, and not to sell it, not to give it as a gift, or to alienate it in any other way without notifying the Agent.
2.8. The principal has the right:
2.8.1. Require the Agent to provide information and reports on the progress of execution of the Agreement, copies of documents confirming the work performed by the Agent.
2.8.2. Request from the Agent information about potential buyers and information about the negotiations conducted, documented in the appropriate protocols.
2.8.3. Be present at all negotiations with potential buyers regarding the preparation of a purchase and sale agreement.
2.9. The Agent's obligations to the Principal are considered fulfilled in the following cases:
- if the Principal has signed a purchase and sale agreement for the property with a buyer (citizen or legal entity) represented by the Agent;
- if the Principal has signed a purchase and sale agreement for the object with a person or organization who is the participants (founders), shareholders of the organization presented by the Agent to the Principal as a possible buyer;
- if the Principal has signed a purchase and sale agreement for the object with an organization, founder (participant), the shareholder of which is at least one of the managers of the organization represented by the Agent as a possible buyer;
- if the Principal has signed a purchase and sale agreement with an organization in which at least one of the founders (participants), shareholders or one of the managers is at least one of the founders (participants), shareholders or one of the managers of the organization presented by the Agent to the Principal as a possible buyer .
2.10. The date of execution of the order under this Agreement is the date of signing the purchase and sale agreement for the object between the Principal and the third party.
3. AGENT'S REMUNERATION. REIMBURSEMENT OF AGENT'S EXPENSES
3.1. The agency fee is % of the purchase price of the property.
3.2. The agency fee established by clause 3.1 of this Agreement is paid by the Principal within days from the date of approval of the Agent’s report by the Principal.
3.3. Payment of agency fees is made by transferring funds by the Principal to the Agent's bank account.
3.4. The day of payment is considered to be the day the funds are received into the Agent's bank account.
3.5. The Principal shall reimburse the expenses incurred by the Agent:
- in the amount of rubles;
- in the amount of rubles;
3.6. Expenses are reimbursed by the Principal within the time frame and in the manner established by this Agreement for the payment of remuneration.
4. DURATION OF THE AGREEMENT. RESPONSIBILITY OF THE PARTIES
4.1. This Agreement comes into force on the date of its signing by the Parties.
4.2. The Agreement is terminated in cases established by the current legislation of the Russian Federation.
4.3. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
5. OTHER CONDITIONS
5.1. All disagreements arising during the execution of this Agreement will, if possible, be resolved through negotiations.
5.2. If the Parties do not come to an agreement on controversial issues, the disputes will be referred to the court in the manner prescribed by the current legislation of the Russian Federation.
5.3. In all other respects not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
5.4. This Agreement is concluded in two copies, one for each of the Parties.
6. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Principal
Agent Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
