Mallorca
Sotheby´s International Realty
Can Serra de Marina, 4
E-07012 Palma de Mallorca - Balearics
t +34 971 721 000
f +34 971 723 196
SOLE SELLING AGREEMENT
On the one hand Mr/Mrs...... , on behalf of Mallorca Balearics Luxury Properties, S.L.U., with business name Mallorca Sotheby´s International Realty (henceforth the Agency) and tax registration no. B-57366106.
And, on the other, Mr/Ms………………………, the authorized and/or legal representative and/or owner of a property situated in ………………[address of property], (henceforth the Owner).
Both parties agree upon the following:
1)At this act, the Owner authorizes the Agency to act as sole selling agent in the sale of the property described herein above for a period of no less than a year until notified by e-mail at the following address of the termination of the agreement: .
2)The property shall be put on sale for the price of €………., a sum open to negotiation at the Owner’s consent. This sum shall include the agency fee.
3)The agreed commission shall consist of a sum equivalent to 6% of the accepted price, plus the corresponding amount of VAT at the legally stipulated rate. This shall be paid by the seller on execution of a deed of sale or on payment of the total sale price, whether by public or private document. The agency shall be entitled to a commission of 25% + VAT of the option to purchase price or first payment if either of the parties should withdraw from the private option to purchase agreement or private sale agreement. The commission must also be paid if, following the termination of this agreement, a sale occurs as a result of previous efforts by the Agency.
4)The Agency cannot be held liable for the accuracy of the property’s description since this information shall be supplied by the seller client.
5)The Agency undertakes to:
a)Use all the means at its disposal to promote the sale of the property in accordance with the legislation in force and to represent the Owner’s interests at all times.
6)The Owner undertakes:
a) EXCLUSIVITY CLAUSE: The Agency is the sole body authorized to act as agent in the sale of the property. In the event of non-compliance – that is, if the property were to be sold by the Owner or through another agency -, Balearics Luxury Properties, S.L.U shall be paid the same agency fee to which it would have been entitled as a penalty for damages.
b) To pay the Agency its fee at the time of the sale.
c) To supply any necessary information about the property to the Agency.
d) To ensure access to the property.
e) To keep the property clean and in suitable condition for its sale.
7)The Owner authorizes a “For Sale” sign to be erected.
8)The Owner authorizes the Agency to advertising and/or marketing on the Agency’s website and/or other necessary websites/magazines for the sale of the property.
9)The Owner’s personal details and, if applicable, those of the party representing the latter, shall be incorporated in an electronic file belonging to Balearics Luxury Properties, S.L.U. for the management of this contractual relationship and for statistical purposes. This data shall only be made known to third parties when necessary for the provision of services, in compliance with legal obligations or with the previous consent of the Owner or said representative, as applicable. The recipients of the information may be, among others, the tax authorities, other public authorities, public registry offices and/or notaries public. The affected parties may exercise their right of access, rectification, cancellation and objection in writing, accompanied by a copy of their identity card, sent to C/ Son Serra de Marina, 4, 07012 Palma de Mallorca, Illes Balears, Spain.
10)The parties agree to abide by the Law Courts of Palma de Mallorca in all matters concerning the interpretation of this agreement.
In Palma de Mallorca on ______
Approved by Balearics Luxury Properties, S.L.U.Approved by the Owner or authorized representative
Each Office Is Independently Owned And Operated