REAL ESTATE AGENT AGREEMENT

This Agreement is made effective as of this 01 day of September,2019 having head office located at NANDGAON ROAD DHARAMNAGAR MOD, DHARAMNAGAR , CHHATA(MATHURA).

In this Agreement, the party who is contracting to receive services shall be referred to as “the Company” and the party who will be providing the services shall be referred to as “the Agent”.

WHEREAS

A. The parties shall be individually referred to as a Party and collectively referred to as the Party;

B. Agent has a background in marketing, advertising, negotiating and selling real estate properties and is willing to provide services to Company based on this background.

C. Company is the owner of certain property and the improvements thereon, the land and the improvements being hereinafter collectively referred to as the “Real Property”).

In consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows:

1. GRANT OF RIGHTS

Company hereby grants to Agent the right to promote, market and get prospects customers for the Real Property described above and the Company hereby appoints Agent for such purpose, subject to the terms and conditions set forth in this Agreement. Company, promptly after Agents’ request, shall deliver to Agent complete copies of any records and documents relating to the Real Property in possession of Company.

2. DESCRIPTION OF SERVICES

2.1. Company shall refer to Agent all offers and inquiries, including those from outside brokers, or from principals or from others, with respect to the Real Property and shall conduct through Agent all negotiations with respect to the sale of the Real Property. Agent shall diligently investigate and develop such offers and inquiries and canvass, solicit and otherwise employ its best efforts to bring about the sale of the Real Property and to that end; Agent is authorized to enlist the services of other real estate brokers.

2.2. Beginning on the Effective Date, Agent will provide the above services including the following services (collectively, the “Services”) in connection with the sale of the above described property:

3. COMMISSION PAYMENT PROCEDURE

3.1. The Agent shall be compensated on the basis of the Compensation Plan devised by the Company and enlisted in Annexure A of the present Agreement.

3.2. In the Compensation Plan of the Company, the Agent shall be paid on the basis of the various levels achieved by it.

3.3. There can be two ways of income generation that is either directly or through achieving levels. The entire plan is discussed in Annexure A f the present Agreement.

4. EXPENSE REIMBURSEMENT

All the expenses incurred for soliciting inquiries and converting sales shall be borne by the Agent and nothing will be reimbursable. No advertisements prior to official launch by the company using company name or company logos will be allowed. In case of shared advertisement between the company & the Agent, 50% of the advertisement cost will be borne by the company & the balance 50% by the Agent. Advertisements released by the Agent must be approved for design, type, creative & size in advance before each release in writing. This will apply both to joint advertisements with the business associates as well as for advertisements released by an Agent in its own capacity. The company will not bear any cost toward an advertisement released by an Agent in contravention of the above.

5. GENERAL TERMS

  • a) The period for determining sale value will be up to 2020.
  • b) Sale will be confirmed only on registry of the Basic Price of the unit & signing of provisional allotment certificate.
  • c) All the bookings shall be submitted at branch office or head office.
  • d) In case of any dispute, the jurisdiction will be with appropriate Court at MATHURA district.
  • e) All payments to be received in the Company’s name for which the Company will issue receipts.
  • f) All bookings/business procured by Agent shall be subject to approval/acceptance by the company.
  • g) It would be essential to submit the ID & Address proof as per the customer’s profile.
  • h) Company would be conducting a random checking of the bookings and if it is found that the Agent has given any additional discount (in addition to the allowed discount by the Company.) or made any false commitment relating the policies of the company, Agent would not be given credit of that booking and no commission shall be paid against that booking.
  • i) Bookings would be accepted only on the prescribed application forms.
  • j) Agent shall not represent/commit anything beyond the terms of booking.
  • k) Sub Agent of Company’s authorized Agent will not be permitted to advertise the name of the Company or release advertisement mentioning as authorized agent of the Company.
  • l) Agent shall not indulge into such unfair fraud practices, which may tarnish the image of the Company or invite any liability for the Company. Agent would be liable to compensate all the losses incurred by the Company in this respect.
  • m) Agent shall explain all the terms including the nature of land/building about the state of the company thereon and sanction of the project to the intending customer before accepting the proposed booking only on the format prescribed by the Company.
  • n) Agent shall accept the booking as per the price list of the Company. In the event of any revision in the price list Agent will be required to sell on revised prices from the stipulated date.
  • o) The Agent is forbidden from accepting cash from the customer on behalf of the Company and from issuing receipts on behalf of the Company.
  • p) It is desired that in case of any transfer/resale the Agent shall refer the matter to the Company which at its sole discretion allow or refuse the transfer. In case of refusal on part of the Company, the Agent may proceed for resale of the allotted property. Any transfer/resale directly routed through Agent shall not be allowed in any case.

6. TERMINATION

  • 6.1. Violation of any of these terms may result in termination of the agency without notice at the discretion of the Managing Director/Chairman of the company. In such circumstances or otherwise, deduction of the accrued commission and/or complete forfeiture of the Agent’s' deposit can be done without any claim whatsoever from the Agent.
  • 6.2. Either party can terminate the present Agreement by giving a notice of 30 days to other party.

7. PRODUCT LIABILITY

7.1. The Agent shall have NO LIABILITY for any qualitative, quantitative and any other latent, patent defect in the Property of the principal and Property delivered by the Company to the customer.

7.2. The Agent shall have NO LIABILITY for any delay in delivery on the part of the Company to the customer if the agent has only promised the customer, the time for delivery prescribed by the agent.

8. RELATIONSHIP OF PARTIES

It is understood by the parties that Agent is an independent contractor with respect to Company and Agent is not an employee of the Company.

9. EMPLOYEES

Agent’s employees, if any, who perform services for the Company under this Agreement shall also be bound by the provisions of this Agreement..

10. INDEMNIFICATION

The Agent agrees to indemnify and hold harmless the Company from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against the Company that result from the acts or omissions of the Agent, Agent’s employees, if any.

11. ASSIGNMENT

Agent’s obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the Company.

12. CONFIDENTIALITY

12.1. Agent agrees for itself, its successors, heirs and assigns to refrain from disclosing to any third party any information relating to the Real Property that are valuable, special and unique and that need to be protected from improper disclosure.

12.2. In consideration for the disclosure of the Information, Agent agrees that Agent will not at any time or in any manner, either directly or indirectly, use any Information for Agent’s own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of the Company. Agent will protect the Information and treat as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.

13. CONFIDENTIALITY AFTER TERMINATION

Confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.

14. RETURN OF RECORDS

Upon termination of this Agreement, the Agent shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in the Agent’s possession or under the Agent’s control and that are the Company’s property or relate to the Company’s business.

15. NOTICES

15.1. Any Notice required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or sent by registered post, addressed as follows:
• IF for the Company:
_______________________
_______________________

• IF for the Agent:
_______________________
_______________________

15.2. Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.

16. ENTIRE AGREEMENT

This Agreement contains the entire Agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. Company can change terms and conditions anytime.

17. AMENDMENT

This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

18. SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

19. CAPTIONS

The captions in this Agreement are for the purpose of convenience only, are not intended to be part of this Agreement and shall not be deemed to modify, explain, enlarge or restrict any of its provisions.

20. EXCULPATION

During the term of this Agreement, Agent shall look solely to the then interest of Company in the Premises for the satisfaction of any remedy of Agent for failure to perform any of Company’s obligations under this Agreement or under any law and no officer, director, employee or agent of Company shall have any personal liability for any such failure.

21. WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

22. APPLICABLE LAW

The laws of the State of Uttar Pradeshshall govern this Agreement. All the disputes and matter related to this Agreement shall be brought up in the courts to Mathura.