1. CONTENT – NATURE and DURATION of MANDATE
1a. With this mandate, the assignor gives the command to his/her authorized representative, as a real estate broker, to negotiate, the sale of the above property to anyone interested, or the exchange with other property and generally in any way transfer the ownership and/or the exploitation for the indicative price of ……………………………….EUROS or other value eventually agreed upon.
1b. The assignor expressly accepts, that the authorized representative may also act for the assignor's counterparty, upon receipt of a lawful command.
1c. This command is simple (non-exclusive). Its duration is set at twelve (12) months from the date of signing. It can be extended further following a written statement by the assignor, notified by any appropriate means to the authorised representative.
The authorized representative shall be entitled to mediate for the display of the property in public, while in the case of a preliminary contract or prime contract of brokerage, he is entitled to the brokerage commission agreed upon below.
2. LEGAL AND ACTUAL FAULTS OF THE PROPERTY
2a. The assignor declares that the above-described property is free from any property or contract right of a third party, not burdened with mortgage prenotation, a mortgage, receivership, judicial sequestration or seizure (legal defects) and does not have actual defects or has the following: ……………………………….……………………………….……………………………….………………………..……………………… ….……………………………….……………………………….……………………………….……………………………….………………………………………………………………………………………………………………………………………………….…….………
2b. In the occurrence of legal faults or debts incurred by the property, as well as actual defects, it is explicitly foreseen that the assignor is obliged to settle these, up to and including the date of drawing up the main contract.
2c. The assignor expressly declares that he/she has not drawn up other contracts that bear on his/her behalf obligation for divestiture of the property, that the title deeds and licensors are in full legal order, and that these are to be submitted upon request.
3. AMOUNT and METHOD of PAYMENT FEES (COMISSION)
3a. In the event that, during this current mandate, a preliminary contract or permanent contract is drawn up for the sale, exchange or a contracting project, it is expressly agreed that with this mandate the assignor promises and undertakes to pay the authorized representative the brokerage commission in a lump-sum payment when signing the preliminary contract, or if a preliminary contract is not signed, upon signing of the main contract. The brokerage commission is estimated at a rate of three percent (3.0%) on the total amount of the actual price of purchase, plus the VAT chargeable.
3b. The assignor acknowledges and accepts as the minimum brokerage commission, the amount of one thousand five hundred (1,500.00) euros plus VAT chargeable, where the brokerage commission, calculated as set out in clause 3a. corresponds to a lesser amount.
3c. The brokerage commission is considered by both parties as fair and the assignor expressly declares that the above fee has been deemed as reasonable and proportional to the mediation and negotiation services required for the particular contract and therefore expressly declares that there is no case for reduction, by surrendering unconditionally from any other relative claim.
4. METHODS of PROPERTY PROMOTION and ADVERTISING
It is explicitly defined that the authorized representative has the right to choose the appropriate means of showing, promotion and advertising of the assignor’s property. Indicatively, the authorized representative is entitled:
• to proceed to an open, public demonstration of the assignor’s property within twenty (20) days from the signing of this mandate.
• to put a real estate ad in newspapers of local and/or national circulation.
• to place advertising signage/ inscriptions for the sale, exchange and cooperative property investment.
• to have a full description of the property, accompanied by photos, on the website of the real estate agency office.
5. OBLIGATIONS of CONTRACTING PARTIES
5a. The assignor is obliged:
• to provide to the authorized representative all the necessary information relative to the selling and exchange of the assignor’s property.
• to inform the authorized representative either in writing, or through signed faxes (fax), or email messages, for the upcoming preliminary or main contract, at least one (1) day prior to signing this/, otherwise it is expressly foreseen that the assignor shall be liable to compensate the authorised representative for any damage, relative to the non-timely or appropriate notice.
• to notify the authorised representative at an early stage, i.e., within one (1) day of knowledge of any legal or factual defects relating to the property found after the signing of the agreement/contract.
5b. The authorised representative promises to do his utmost for the execution of this mandate, and in particular for the most advantageous agreement on behalf of the assignor.
6. GENERAL PROVISIONS
6a. The assignor is aware of his right to not accept collection and maintenance of his/her private personal data file and declares unconditionally that he/she accepts the collection and maintenance of his/her personal data file.
6b. Both parties agree that the present conditions are all essential, legitimate and fair and respond fully to the common will and mutual interest.
6c. Both parties agree that any modification of this mandate will be done only in writing.
6d. Both parties agree that for the settlement of any dispute that may arise in the execution of this mandate, the competent courts are the Courts of First Instance of Mytilene.
6e. Finally, the assignor gives the additional authority to the authorised representative himself and/or his colleagues, to implement all necessary procedures and checks for any legal or factual defects on the property's ownership. The assignor undertakes the obligation to pay for these actions separately in addition to the commission to be paid to the authorized representative and/or his colleagues, as well as any costs that arise from the above procedures after previously informing the assignor.
This brokerage contract was written up for the abovementioned persons in two (2) originals, was then read, legally signed by the parties and each party received one (1) identical copy each.