Brokerage Contract

I. THE PARTIES: Societatea Natur ADS SRL – RECO Imobiliare, J5/857/20.04.2016, CUI 35986511, represented by {numeAgent}, as an INTERMEDIARY and legal / natural person (Mr./Ms.): {numeComplet} having its seat/domicile in the place. {adresaImobilului}, address {adresaDomiciliu18}, CNP/CUI {cnp} county {localitateDomiciliu19}, tel. mobile {telefonClient}, as BENEFICIARY.

 

II. OBJECT OF THE CONTRACT

Art.1 Intermediation services. The object of the representation packages in Appendix no. 1 Standard, Silver, Gold, VIP and Ultra is the provision by the Intermediary of brokerage services for the BENEFICIARY, i.e. the identification of a partner-buyer or tenant (depending on the type of transaction chosen below), who will accept the offer below, by concluding an agreement (pre-contract or sale-purchase/exchange contract, rental contract, as the case may be) regarding the transfer of ownership / rental of the property in the offer in exchange for the payment of the commission provided for in Appendix no. 1 for each individual promotion package.

Art.2 Intermediation of the transaction:

The building is identified by the following:

(if there are several buildings of the same type, their data will be listed with a comma between them)

Art.3 The beneficiary declares on his own responsibility that he is the owner, or the representative of the owner (as the case may be) of the above building.

Art.4 The assumption by the BENEFICIARY of the quality of the owner or his representative without any basis, does not exempt him from paying the commission and the penalties caused by the non-execution of the obligations, expressly declaring that he has the capacity communicated to the Intermediary, reason for which concludes this contract. In this situation, the BENEFICIARY assumes before the Intermediary the full payment of the commission on behalf of the owner. In the situation where the BENEFICIARY owns the building in co-ownership, he agrees and declares that he will pay the commission as provided by the promotion package chosen by Annex no. 1 in the name and on behalf of himself and the other co-owners.

III. CONTRACT DURATION:

Art.6 For sales, the minimum period is 6 months for values ​​up to 100,000 euros and 12 months for values ​​that exceed this amount. For the ULTRA package, the minimum period is 3 months. For rentals, the minimum period is 12 months.

IV. OBLIGATIONS OF THE INTERMEDIARY

Art.7 To provide the service according to the law and the right to the commission under the conditions of this contract.

V. OBLIGATIONS OF THE BENEFICIARY

Art.8 To allow the property to be visited by potential clients accompanied by the representative of the intermediary.

Art.9 To notify the intermediary within a maximum of 3 days if he wishes to change the selling price established in this contract.

Art.10 The Beneficiary undertakes to pay the Intermediary a commission according to the promotion package chosen by Annex no. 1 of the value established in the sale-purchase/rental contract, as well as the amount that exceeds the proposed sale price within a maximum of 5 days from the date on which he (or the natural or legal person who authorized him) or a relative or interposed of him, he signed the sale-purchase contract (which he puts - in copy - at the Intermediary's disposal, the provisions of art 2101 paragraph 1 of the Civil Code being applicable), with the partner indicated by the Intermediary. Otherwise, non-payment of the commission in full implies, in addition to its payment, the payment of a late penalty of 2% of the commission value for each day of delay until the actual payment date, the basis of calculation being the sale/rental price provided for in this contract, value which in the given situation is not negotiable.

Art.11 In the event that, the beneficiary, trying to avoid paying the commission, sells / rents the property in question, directly or through another intermediary, to a buyer whom the intermediary presented in this regard (buyer meaning both the client presented directly and the husband/wife, their relatives and relatives of the first - second degree as well as other interposed persons), must pay the intermediary ten times the commission committed by this contract, the basis of calculation being the sale price stipulated in this contract, a value which in the situation given is non-negotiable;

Art.12 If, after the termination of the contract, the Beneficiary concludes transferable deeds of ownership or lease with persons presented by the Intermediary, the Beneficiary shall pay the Intermediary the value of the intermediation commission, thus benefiting from the intermediation services and using the information transmitted by the Intermediary.

Art. 13 If the beneficiary unjustifiably refuses a buyer who offers the maximum price requested by the beneficiary under this contract, the object of the contract is considered fulfilled, and the beneficiary owes the intermediary payment of the commission from the date of the client's presentation.

VI. Provisions related to the promotion packages provided by Annex no. 1 for sale

The Ultra, GOLD and VIP promotion packages assume exclusivity in favor of the Intermediary for the period chosen by the contract.

Thus, during the entire period of validity of the chosen promotion package, the beneficiary is prohibited from taking steps on his own account or through other natural or legal persons in order to transfer the ownership right to the property specified in the head. II. The Beneficiary will be able to carry out these steps only through the Intermediary, otherwise he will be required to pay the intermediary commission provided for in Annex no. 1 even if he transferred the right of ownership on his own account or through other natural or legal persons, a fact that he understood and with which he declares that he agrees.

The energy certificate referred to in Appendix no. 1 is an energy certificate that will be made at the Intermediary's expense only if the Beneficiary does not already have one and if the Intermediary is the one who chooses the company that will draw up the energy certificate for the SILVER, GOLD and VIP promotion packages. The energy certificate is issued after signing the pre-sale-purchase contract.

In the event that, as a result of the activity carried out by the Intermediary, the Beneficiary concludes a preliminary sale-purchase contract, collecting an advance (by way of arvuna), and the sale-purchase contract is no longer concluded because of the promising buyer, the Promisor-Seller ( Beneficiary in this contract), remaining fully or partially with the amount collected as a deposit/advance, will pay the Intermediary an amount of 50% of the amount of the commission provided in Annex no. 1, but not more than 50% of the value of the advance/advance that remained as a result of the non-conclusion of the sale-purchase contract due to the fault of the promisor-buyer. This amount will be invoiced by the Intermediary as a partial recovery of the expenses incurred by the Intermediary for the promotion of the offer and the integrated real estate advertising services. The mentioned amount will be paid within 3 days from the date of ascertaining the impossibility of completing the real estate transaction, otherwise the Beneficiary will pay the Intermediary and the late penalties provided in ch. V of this contract.

If the property is not traded during the contractual period, and the contract with the agency is not extended, the beneficiary has the obligation to provide the agency with a new CF extract, issued after the contract expiration date, under penalty of paying double the commission assumed by this contract, a fact that he understood and with which says he agrees.

This contract can be terminated only by full payment of the commission provided for in Appendix no. 1.

If the parties have agreed to pay a "success fee", the additional amount resulting from the difference between the initial price agreed in the contract and the final sale price will be called the "success fee". The parties agree to share this success fee equally, 50% for each party: the real estate agency and the owner. (VAT is included)

Choosing the preferential commission is only possible if the amount exceeds the commission normally resulting from the chosen package. Check the chosen package and mention the preferential commission. The terms of the chosen package apply.

Provisions related to the promotion packages provided by Annex no. 1 for rent

VIP promotion packages assume exclusivity in favor of the Intermediary for the period chosen by the contract.

Thus, during the entire period of validity of the VIP promotion package, the beneficiary is prohibited from taking steps on his own account or through other natural or legal persons in order to conclude the rental agreement for the property specified in the chapter. II. The Beneficiary will be able to carry out these steps only through the Intermediary, otherwise he will be required to pay the intermediary commission provided for in Annex no. 1 even if he rented on his own account or through other natural or legal persons, a fact that he understood and with which he declares that he agrees.

Contracts with a VIP package can only be terminated with the payment of the commission chosen by Annex no. 1.

The intermediary offers a post-transaction guarantee for the above-mentioned property - 12-month re-letting period with 0 (zero) commission, for an unlimited number of re-lettings, within the limits of its capacities.

VII. OTHER CLAUSES

Art.14 In all cases of non-payment of the commission, the debtor will be considered in arrears from the date of conclusion of the pre-contract or the sale-purchase contract, without the need for notification by the Judicial Executor;

Art.15 Disputes of any kind will be resolved amicably, otherwise a court will be appealed;

Art.16 This contract has been concluded in 2 copies, one for each of the signatory parties.

 

APPENDIX 1

Commission packages on sale

 

Standard

Introducing the property into the RECO Imobiliare portfolio
Set of photos of the property
Unlimited views
Energy certificate specialist recommendation
Notary recommendation
Information on the documents required for the sale of the property
Free evaluation using Market Benchmarking
Possibility to pick up the property key
No exclusivity
COMMISSION 3% + VAT (from the sale price of the property)

Silver

Includes STANDARD package services (non-exclusive)
Publishing the ad on real estate platforms
Free energy certificate
Buy-Back – If the property is sold through RECO purchase a new property from the agency's portfolio with a commission discount of 50% (within 12 months)
COMMISSION 4% + VAT (from the sale price of the property)

Gold

Includes Silver package services
Property presentation to pre-qualified clients from the RECO database
Collaboration with all partner agencies
0% buyer commission
Buy-Back – If the property is sold through RECO, purchase a new property from the agency's portfolio with a commission discount of 75% (within 12 months)
exclusiveness
COMMISSION 5% + VAT (from the sale price of the property)

VIP

Includes GOLD package services (exclusively)
TOP LISTING promotion
Promotion on Facebook
0% buyer commission
Collaboration with all partner agencies
PROFESSIONAL photos
Property promotion in the newsletter sent to the agency's clients
Buy-Back – If the property is sold through RECO purchase a new property from the agency's portfolio with a 100% commission discount (within 12 months)
COMMISSION 6% + VAT (from the sale price of the property)

ULTRA

Includes VIP package services
Minimum contract period of only 3 months
COMMISSION 7% + VAT (from the sale price of the property)

Optional:

Preferential Commission

Success commission

 

Rental commission packages

Standard

Introducing the property into the RECO Real Estate portfolio
No exclusivity
Set of photos of the property
Unlimited views
Possibility to pick up the property key
Post-transactional guarantee (based on the invoice)
100% commission (from the value of the first rent)

VIP

Includes STANDARD package services
Top Listing promotion
Presentation of property to pre-qualified clientsyou have from the RECO database
Property promotion in the newsletter sent to the agency's clients
exclusiveness
PROFESSIONAL photos
Post-transactional guarantee (based on the invoice)
Commission 50% (from the value of the first rent)

APPENDIX NO. 2

TO THE MEDIATION CONTRACT (natural persons)

The parties have mutually agreed to conclude this annex to the mediation contract, by which they establish the following, in accordance with the provisions of European Regulation 2016/679:

- The beneficiary agrees to the processing of his personal data by the operator Natur ADS SRL, having the identification data from chapter I;

- The processing of personal data is done for the purpose of executing the brokerage contract. The provision of personal data is a necessary obligation for the conclusion of the mediation contract. The consequences of not complying with the obligation to provide and agree to process personal data lead to the invalidity of the mediation contract;

- The personal data provided in this brokerage contract are used only for the execution of the brokerage contract. Also, the Beneficiary agrees that the operator will transmit personal data to public authorities or institutions (upon their express request), notary offices (in order to transmit the documentation for the conclusion of pre-contracts or authentic sales-purchase contracts), to the financial representatives- accountants of the operator, if applicable.

- The beneficiary declares that he agrees to be contacted by phone and by e-mail by the operator's representatives during the validity period of the mediation contract and after the expiry of the validity period, in order to execute the contract, update the offers or for the operator to request feedback with regarding the services provided;

- The storage of documents containing personal data is done both on paper, in the secure archives of the operator, and in computer support, in the database;

– Personal data will be stored for a period of 5 years;

– The beneficiary has the right to request from the operator: access to personal data, their rectification or deletion or restriction of processing or the right to oppose processing and the right to data portability. The rights can be exercised through a request sent to the e-mail address: reco@recoimobiliare.ro

– The beneficiary has the right to complain to the supervisory authorities, regarding non-compliance with the legal provisions regarding the processing of personal data, at the telephone number 031-8059211 or at the e-mail address anspdcp@dataprotection.ro.

This annex is an integral part of the sales mediation contract concluded between the parties.

The beneficiary thus declares that he agrees with everything mentioned above, which is why he signs this annex, dated today by {typeA}.