Indication, Αssignment order
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The above signatories hereinafter referred to as "OWNER" with full details listed in the table "owner details" I declare that I am the sole OWNER of the property described in the table above called "property details" and
o the company "HALKIDIKI PROPERTIES REAL ESTATE" based in Neo Rysio, Tax Identification Number 800329458, Tax Office Z Thessaloniki and GEM No. 116495906000, hereinafter referred to as "BROKER", to mediate the sale of my property, knowledge and I accept the following terms:
1. Price commitment
I undertake that the price I assign to the "BROKER" to publish my property (requested published sale price *), is the minimum price that I will dictate to any other possible broker, and in no case can it be lower than the above requested published price. I also undertake not to publish the property, alone anywhere or in any medium-form, printed, electronic or oral, at a price lower than the published sale price. If I decide to change my published price, I must inform the "BROKER" in writing form and immediately before I or other intermediaries publish the new price, so that the "BROKER" updates any publications and does not create an unfair situation of competition.
2. Advertising & access to the property
I grant the "BROKER" the right to take any advertising action of the above property, such as printed or online ads, as well as the right to photograph or videotape the property and publish the material in any media. I must also provide free access to the property in order to make suggestions and viewing trips to customers, provide a copy of the keys to the "BROKER" if necessary to access the interior. Otherwise, by simply informing the "BROKER" at least one day before the indication with an interested buyer, I must ensure access to the interior of the property. The copy of the keys is delivered by the "OWNER" to the responsible "BROKER" exclusively at the company's office. The receipt and consequently the delivery of keys outside the company's offices are expressly prohibited.
3. Documents and necessary files
I have to hand over to the "BROKER" if requested, all the relevant documents that I have in my possession such as topographic plans, certificates, floor plans, purchase contracts, inheritance, and other documents which are necessary for the pre-legality check of my property, as well as to inform fully the "BROKER" for any legal or technical defect, loans or any issue that will probably cause a jam in the process of selling my property. The purchase contract is necessary and a prerequisite for the identification of the property owner. I expressly undertake not to conceal information that may cause problems in the course of selling my property in the future or even make it impossible. I understand that the concealment of such information may harm the "BROKER", its interested clients and make it impossible to execute the order.
4. Contract duration – renewal
The duration of this order is set at 3 years, starting from today or the 1st day of publication of the property on the website of the "BROKER" if it was earlier in a trial period, or later if it has not yet been published on the official website of the "BROKER" due to lack of data or audiovisual material. It expires in the case of the sale of my property with a final contract if this is done earlier than the expiration of the contract. The contract is renewed by a simple exchange of e-mail or recorded messages or by a simple exchange of written messages between the parties. I undertake the obligation, in case of the sale of my property without the mediation of the "BROKER", to inform him in writing about the sale of it in order to withdraw possible advertisements as well as to provide him with information so that he can carry out a customer check.
5. Electronic Premium Registration (EPR) & Customer Identification
The "BROKER" provides the "OWNER" with special access to the EPR by registering on the company's platform at the website www.halkidikiproperties.com. The "OWNER" can monitor through EPR important information regarding the progress of the sale of his property. It also gains access to up-to-date statistical data as well as a detailed file of electronic and physical customer suggestions with GDPR-protected data.
In case I proceed with the process of selling my property, without the mediation of the "BROKER" I have to carry out a cross-check of clients before signing the final deed, preliminary agreement or contract of sale, through EPR, and in writing in the mails of the company of the "BROKER" », or by phone, in order to identify whether the interested client in question came or did not come from the actions of the" BROKER "and consequently I owe or do not owe the payment of the brokerage fee to the" BROKER ". If I find that the interested client is not on the EPR list and the "BROKER" informs me in writing that his details do not correspond to the lists of electronic or physical indication of real estate properties, then I have no obligation to pay a brokerage fee to the "BROKER".
6. Real estate fee and method of payment
In case of drawing up a final sale contract with a client of the "BROKER", I promise and undertake the obligation to pay him the real estate fee and the statutory VAT, within seven (7) days from the signing of the final sale contract. If I do not pay the "BROKER" his fee within the above deadline from the signing of the contract, he has the right to terminate the contract and claim interest on arrears. The brokerage fee that I undertake to pay to the "BROKER" amounts to 4% plus the foreseen VAT 24%, on the actual agreed selling price between the parties if it is different from the requested price. This minimum fee is considered by me to be reasonable, fair, and proportionate to the advertising and mediation efforts required by the "BROKER" to find a buyer, and therefore I explicitly state that there is no case for its reduction.
The same fee, which is a compensation position, I acknowledge that I have to pay to the "BROKER", if during the term of this contract, I sell my property to the natural or legal person indicated naturally, or in writing or electronically by the "BROKER", or to a relative regardless of rank, his partner, associate, to his subsidiary or company of financial interests, or to anyone nominated by the "BROKER" and proven to the court that he has any relationship with the buyer. In case of drafting a preliminary agreement, I am obliged to pay 50% of the total fee within seven (7) days from its signing and the remaining 50% within seven (7) days from the signing of the final one. I accept that even if I carry out any transaction of sale of my property after the expiration of this contract to a person who indicated my property by the "BROKER" during the present contract I still owe the same real estate remuneration to the “BROKER". In addition, it is expressly agreed that I give the "BROKER" the right to freely contract with any counter party he deems appropriate for the sale of my property in fulfilment of the given order, as well as to agree and receive a brokerage fee from the counter party, regardless of the remuneration in accordance with this contract.
7. Sale without informing the "BROKER"
In case I carry out any action of sale of my property by drawing up a preliminary agreement or a final contract with clients of the "BROKER" who were indicated to me in person, in writing or electronically, or through EPR, and I do not inform the "BROKER" in writing form about the exact day, place and time of the transaction, as soon as possible, then I am obliged to pay additional compensation to the "BROKER" of 2% + VAT on the final sale price.
8. Data processing
Further, I consent to the collection, processing, notification/disclosure to other brokers with whom the "BROKER" cooperates under this mandate, to storage for a period of up to 10 years after the end of the contract and then to delete the above details of the property as well as my personal details. The above processing of data has the sole purpose of finding interested buyers and the signing of the main contract, does not concern another purpose of processing, and may be accessible and be processed by employees, associates of the company, always within the scope of this order and for this purpose. I hereby acknowledge my right to access, correct, delete my data and the possibility of their portability to another person in charge or performing the processing, by sending a relevant letter to the e-mail email@example.com or the postal address of the company. In case I exercise one of the above rights, the "BROKER" is obliged to take every possible measure to satisfy my request.
9. Legislation - Courts of Thessaloniki – Amendments
This brokerage agreement is regulated by the provisions of N.4072 / 11-4-2012 law as it is governed by articles 703 et seq. of the Civil Code and by Presidential Decree 248/1993 as well as by any recent amendments thereto. It is agreed by the parties that the Courts of the Court of First Instance of Thessaloniki have jurisdiction to resolve any dispute that may arise from the interpretation or during the execution of this contract. Modification of this contract is possible only in writing.
To the credit of those agreed above, this private contract has been drawn up, which after being read, is signed as follows, by each of the parties receiving a copy.
REAL ESTATE CONTRACT -INSTRUCTED TO SUGGEST PROPERTIES
I declare and recognise that, for the first time “G.TSIGARAS & X.KIRLIDIS G.P.” in this capacity as a Real Estate Agent, has suggested the properties
1. In case of a preliminary agreement or a final contract of purchase or exchange of the above properties, after mediation from “G.TSIGARAS & X.KIRLIDIS G.P.” , I promise and undertake the obligation to pay the estate agent’s fee at the percentage of 3% in addition to the corresponding VAT, on top of the actual price of the sold or exchanged property as shown on the table of page 1, or on top of the potential new agreed prices. I find the above fee reasonable, fair and proportional to the mediatory efforts and negotiation services required for the particular agreement and therefore, I explicitly declare that there is no possibility of reducing it. I will pay this fee to the agent, even if I was previously aware of the counter-party or the suggested property and for this I am obligated to immediately declare to the agent of any properties that I am already aware of.
2. Similarly, in case of a preliminary agreement or a final contract of purchase or exchange and after mediation from “G.TSIGARAS & X.KIRLIDIS G.P.”, with a family member of mine, irrespective of the degree of kinship, or with a partner of mine (natural or legal person), or with a company of financial benefits to me, or with a person recommended by myself, on behalf of which I declare in advance that I sign the present instruction, promise and undertake the obligation to pay, jointly and severally with these natural or legal persons, the exact same fee, regardless if the same property was suggested after the signing of the present instruction and from another real estate agent.
3. The above agreed agent’s fee, I promise and undertake the obligation to pay with a lump sum payment at the signing of the final contract of purchase/exchange and after signing a preliminary agreement if there is one. This counts for me, as much as for the above mentioned natural or legal persons, on behalf of whom I act.
4. I accept the company “G.TSIGARAS & X.KIRLIDIS G.P.” acting as an intermediary between myself and the manufacturer/owner of each property and therefore carry no responsibility for the accuracy of information delivered to them.
5. With this contract I declare unconditionally, that I accept to use the exclusive Form of Tender of “G.TSIGARAS & X.KIRLIDIS G.P.”, in the bid offer for the purchase/exchange of the above properties and to partner with the methods and safety practises used by “G.TSIGARAS & X.KIRLIDIS G.P.”.
6. The present Real Estate Agency contract is regulated by provisions 4072/11-4-2012 and governed by Articles 703 CC and PD 248/1993.
7. In case I get into direct contact with the sellers of the above properties and conclude in the purchase/exchange etc. of any other property suggested by them or a property owned by them, I explicitly declare that I undertake the obligation to pay the agent’s fee to “G.TSIGARAS & X.KIRLIDIS G.P.” as shown in paragraph 1, regardless if the property is mentioned on the table of page 1 of this contract. In this case, I acknowledge and accept that the choice of the potential purchase is the effect of mediation and suggestion from “G.TSIGARAS & X.KIRLIDIS G.P.”.
8. The contracting parties agree that, for the solving of any disputes that may occur from the interpretation or during the execution of the present contract, the Court of First Instance of Thessaloniki will have the jurisdiction.
9. Modification of the present contract is possible, in writing only.
In witness whereof, this private agreement has been written and after being read will be signed as follows by each contracting party.