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TERMS & CONDITIONS - SALES & RENTAL - RESALES ONLY

Resume :

Our Agency Fee :
Property for sale :
2% From the seller, and 2% from the buyer, both of the value of the property sold. Payable, latest at the signature of deed of sales by each party. Vat is not applicable for now at Robin Ramiah Properties.
What we will do :
We will organise all the paperwork, be in contact with buyer’s relatives (banks, notary, etc..) and will act as the perfect buyer (for the seller) and the perfect seller (for the buyer).
Property for Rent :
Leases of a minimum of 12 months : one month rent + VAT (non refundable fees in case of early departure of tenant)
Leases of less than 12 months : 12% + VAT of the total lease amount of the rental period, payable at each renewal


Disclaimer :
Every precaution has been taken to establish the accuracy of the material herein. Prospective purchasers should not confine themselves to the contents but should make their own enquiries to satisfy themselves in all respects. Robin Ramiah Properties Ltd will not accept any responsibility should any details prove to be incomplete or incorrect. All references to “agents” are strictly for ease of clarification and that they are all officially “sales consultants”.
Robin Ramiah Properties Ltd assumes no responsibility for any misleading content, or incorrectly listed information due to inaccuracies in content or data supplied by any source to this website. All information presented on this website is deemed reliable but is not guaranteed and should be independently verified by the users of this website.

TERMS & CONDITIONS - ALL INFORMATION
  1. Introductory provisions
    1. The terms and conditions of real estate services of the ROBIN RAMIAH PROPERTIES LTD company (hereinafter: Terms and Conditions) regulate the relationship between ROBIN RAMIAH PROPERTIES LTD (hereinafter also referred to as the Real Estate Company) and the natural or legal person that concludes a real estate sales or rental agency agreement (hereinafter: Agency Agreement) with the Real Estate Company with the purpose of mediation in the conclusion of a real estate sales or rental contract with a third party (hereinafter: Mandator).
      These Terms and Conditions also regulate the relationship between ROBIN RAMIAH PROPERTIES LTD as the provider of advertising services and the natural or legal person as the advertiser that concludes an online advertising contract in order to advertise real estate via the various web portals and media with which the Advertising Provider cooperates, social networks, and other advertising channels available (hereinafter: Advertising Contract).
    2. The terms used in these Terms and Conditions shall have the following meanings:
      1. Real Estate Company – Robin Ramiah Properties Ltd
      2. Mandator – the customer that has concluded an Agency Agreement with the Real Estate Company.
      3. Advertiser – the natural or legal person that has concluded an Advertising Contract with the Real Estate Company.
      4. Agency Agreement – the agreement under which the Real Estate Company undertakes to make every effort to find and bring into contact with the Mandator the person that will negotiate a sales or rental contract for an individual real estate property, and the Mandator undertakes to pay the Real Estate Company a commission if such agreement is concluded, unless agreed otherwise.
      5. Advertising Contract – a contract concluded between the Real Estate Company and the Advertiser for the purpose of advertising real estate via the various web portals and media with which the Advertising Provider cooperates as well as social networks and other advertising channels available to it.
      6. Third Party – a person which the Real Estate Company attempts to bring into contact with the Mandator, so that they negotiate the conclusion of a contract relating to a real estate property.
      7. Commission – the payment for agency services in the purchase or rent of real estate.
      8. The Terms and Conditions determine the scope of activities of the Real Estate Company required for a secure and diligent operation in real estate agency.
      9. It shall be deemed, inter alia, that the Real Estate Company has brought a person “into contact with the Mandator” if it performs one or more of the following activities: arranging their meeting, transmitting the Mandator’s e-mail, address, registered address, telephone or fax number to the third party, or arranging and carrying out a real estate property viewing.
  2. Agency services in real estate purchase or rental
    1. Under the Agency Agreement, the Real Estate Company undertakes to provide the following services:
      1. Bringing the Mandator into contact with the third party that shall negotiate the conclusion of a sales or rental contract with the Mandator.
      2. Verifying the actual condition of the real estate property.
      3. Verifying the legal status of the real estate property (ownership, any material or other rights of third parties on the property).
      4. Mediation in the negotiations and preparation for concluding the legal transaction. Mediation in the negotiations includes the Real Estate Company’s mediation via telephone and electronic communications.
      5. Informing the Mandator of the current opportunities for purchasing real estate properties that meet the Mandator’s requirements.
      6. Other services that the Real Estate Company and the Mandator specifically agree in writing in the Agency Agreement.
  3. Commission
    1. For the provision of agency services in the purchase of real estate, the Real Estate Company shall be entitled to a commission in the amount of 2% of the contractual value of the real estate property + 15% VAT where applicable, unless the Parties agree another commission in the Agency Agreement.  For the provision of agency services in the rental of real estate, the Real Estate Company shall be entitled to a commission in the amount equivalent to one month of rental of the contractual value of the real estate property + 15% VAT where applicable, for a rental of minimum 12 months. Below the duration of 12 months, the amount payable to the agency is at 12% of the total lease amount of the rental period, payable at each renewal, unless the Parties agree to another commission in the Agency Agreement.  For any early departure, in any case, full payment should be done to the agency and is not refundable if paid in advance, for short and long term rentals.
    2. The payment for the agency services does not include the value added tax; therefore, in the invoice for the agency services, the payment shall be increased by the VAT amount.
    3. In the event that the Real Estate Company does not perform any activity from Section 2 of these Terms and Conditions due to it being unnecessary under the circumstances of the individual case or pursuant to the Mandator’s explicit request, the Mandator shall not be entitled to demand a decrease in the payment for agency services.
    4. The payment of the commission shall cover the costs of any actions performed in the context of bringing the third person into contact with the Mandator, in particular:
      1. accepting orders for mediation in legal transactions the subject of which is the real estate property
      2. establishing the Mandator’s identity by examining their identification document and public records
      3. obtaining the Mandator’s contact information for the purpose of bringing them in contact with a third party (personal name/company name, address/registered office, telephone, fax, e-mail, etc.)
      4. obtaining the Mandator’s or third party’s personal data or identification data for the preparation of the text of the agreement the subject of which is the real estate property (personal name/company name, address/registered office, registration number, tax number, personal account or transaction account number)
      5. drawing up the real estate agency agreement determining the scope of the agency services, the proposed amount of payment for the agency services, the terms of payment, and other elements in connection with the law governing real estate agencies
      6. establishing the legal status of the real estate property on the basis of data from official records and public books (in particular, the real estate register, the land cadaster, and the building cadaster or, if the real estate property is not registered in the real estate register, on the basis of documents that attest to the existence of ownership rights or other material and obligation rights as well as other legal relations)
      7. prompt and regular telephone, written, and online communication with the Mandator and third parties and promptly informing the Mandator of the real estate agency services performed.
    5. The Real Estate Company acquires the right to commission for agency services in sales or rental when the sales or rental contract for the real estate property that was the subject of the agency services is concluded.
    6. The Real Estate Company shall not have the right to request partial payments for its agency services before the transaction that is the subject of these services is concluded. However, it may accept payments for additional services in connection with the real estate property valuation, drawing up the agreement, etc., in the amount of actual costs, insofar as specifically agreed so between the Parties.
    7. The Real Estate Company shall be entitled to full payment in the event that the Mandator or the third party subsequently withdraws from the concluded Agency Agreement, the subject of which is the real estate property.
    8. The Real Estate Company shall be entitled to the reimbursement of actual costs incurred by it in connection with the agency services even in the event that no sales agreement has been concluded between the Mandator and the third party. This is to cover the costs incurred by the Real Estate Company when fulfilling the orders in accordance with the Agency Agreement.
  4. Additional services
    1. The Real Estate Company may perform additional services for the Mandator if so agreed with the Mandator in the Agency Agreement or by a special order, executed as an annex to the Agency Agreement. The annex to the Agency Agreement shall be concluded in written form.
    2. Additional services include, in particular:
      1. drawing up the draft of the sales or rental contract
      2. consulting (hourly)
      3. organizing property valuation
      4. representation in the procedures of obtaining permits, licenses, and other documents necessary for the conclusion of the agreement the subject of which is the real estate property
      5. representation in tax procedures
      6. regulating the legal status of the real estate
      7. preparing and submitting land register proposals
      8. storing documents
    3. The Real Estate Company shall be entitled to payment for the additional services provided even if the intended transaction is not concluded.
  5. Obligations of the Mandator
    1. The Mandator shall promptly inform the Real Estate Company of any circumstances relevant to the provision of agency services.
    2. If the Mandator or a person related to him concludes a legal transaction with a person that was brought into contact with them by the Real Estate Company, with the real estate property advertised by the Real Estate Property being the subject of that transaction, bypassing the Real Estate Company, it shall be deemed that the legal transaction has been concluded through the Real Estate Company. In this case, the Mandator shall be liable to pay the Real Estate Company the commission and any costs related to establishing that fact.
    3. The Mandator must inform the Real Estate Company within 3 (three) days of the conclusion of the contract or pre-contract, with the real estate property advertised by the Real Estate Company being the subject of that transaction. Together with the notice on the conclusion of the contract, the Mandator must also provide a copy of the sale or lease agreement to the Real Estate Company
    4. Upon receiving a notification from the Real Estate Company of bringing the Mandator into contact with a third party, the Mandator shall within 3 (three) working days thereof notify the Real Estate Company in writing of the fact that it has already been brought into contact with the same third party by another (competitive) real estate company. Otherwise, it shall be considered that the Real Estate Company has brought the Mandator into contact with the third party.
  6. Unfair practices of the Mandator
    1. The Mandator shall be obliged to compensate the Real Estate Company for any damage caused to it due to the Mandator’s breach of contractual obligations.
    2. Serious violations of the Agency Agreement shall include, in particular, the following practices on the part of the Mandator:
      1. The Mandator fails to transmit the data that the Real Estate Company requires for the provision of agency services for real estate sales or rental without justified reasons.
      2. The Mandator fails to provide the Real Estate Company with true, accurate, and complete data.
      3. The Mandator fails to notify the Real Estate Property or to notify it in due time of concluding a contract or preliminary contract, the subject of which is the real estate, with a third person that it finds itself or fails to submit or to submit in due time the copy of the contract, the subject of which is the real estate.
      4. Contrary to good faith and fair conduct, the Mandator does not enter into negotiations for the conclusion of the contract or without any justifiable reason refuses to conclude the contract, the subject of which is the real estate, with the person that was brought into contact with it by the Real Estate Company.
      5. The Mandator discloses confidential information and data considered a business secret to third parties.
  7. Collection, processing and utilization of personal data
    1. All information and data obtained by the Mandator from the Real Estate Company shall be deemed confidential and treated as a business secret, with the exception of publicly available information and data.
    2. In order to fulfill its obligations under the Agency Agreement the Real Estate Company may, in accordance with the regulations that govern identity cards and passports, examine and copy data from the Mandator’s identification document (personal name, temporary or permanent residence address, number, type, and name of the issuing authority).
    3. When expressly dictated by the nature of the individual transaction (e.g. certifying the signature of the Mandator or third party, etc.), the Real Estate Company may, based on the prior consent of the holder, stating a particular purpose, photocopy the holder’s personal identification document.
    4. The Real Estate Company shall be committed to the protection of all personal data in accordance with the regulations on personal data protection. All the personal data shall only be used for the purpose of concluding, amending, and terminating the Agency Agreement and the contract the subject of which is the real estate property. The Real Estate Company shall obtain a prior written consent from the Mandator for any other use of the personal data.
    5. The Real Estate Company reserves the right to keep and publish the data of the real estate sold after the conclusion of the sales contract with the purpose of carrying out and providing real estate market analysis.
  8. Conclusion of the Agency Agreement
    1. Agency agreements between the Real Estate Company and the Mandator shall be concluded via the website www.rrproperties.mu
    2. The Agreement is concluded by clicking the “Conclude and continue” button. By concluding the Agreement, the Mandator accepts the provisions of these Terms and Conditions.
    3. After concluding the Agreement, the Mandator shall receive a copy of the Agreement, the Terms and Conditions, and the insurance policy of the Real Estate Company by e-mail.
  9. Duration of the Advertising Contract and its cancellation
    1. The Advertising Contract is concluded for a limited period, until the conclusion of the sales or rental contract for the property that is the subject of the Advertising Contract.
    2. Each Party of the Advertising Contract shall have the right to cancel the Advertising Contract before its expiry by submitting the cancellation notice in writing to the e-mail address of the other Party, as per the Advertising Contract. The notice period is 8 days, starting from the date of cancellation notice submission.
    3. The Real Estate Company may withdraw from the Advertising Contract before its expiry without any notice period in the following cases:
      1. The Advertiser fails to cooperate in the process of real estate sale or rental,
      2. The Advertiser does not advertise the property with the purpose of its sale or rental,
      3. The Advertiser fails to fulfill its contractual obligations under the Advertising Contract.
    4. The Advertiser may withdraw from the Advertising Contract before its expiry without any notice period in the following cases:
      1. The Real Estate Company does not advertise the property in the manner agreed.
      2. The Real Estate Company fails to fulfill its contractual obligations under the Advertising Contract.
  10. Final provisions
    1. These Terms and Conditions apply from 31.06.2020
    2. These Terms and Conditions shall apply until the adoption of new Terms and Conditions and shall be considered an integral part of any existing or future contractual relationships with the Mandator/Advertiser unless expressly stated in writing otherwise for an individual relationship between the Parties.
    3. In the event that the provisions of these Terms and Conditions are contrary to the provisions of the Agency Agreement or the Advertising Contract, the provisions of the Agency Agreement or the Advertising Contract shall prevail.
    4. In the event that any provision of these Terms and Conditions becomes invalid, illegal, or unenforceable, the remaining provisions hereof shall remain valid within reasonable limits. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that best approximates its purpose. The same shall apply in the case of an omission.
    5. The Real Estate Company undertakes to inform the Mandator in writing of any change to the Terms and Conditions or the Real Estate Company’s price list.
    6. These Terms and Conditions and the contractual relationships with the Mandator/Advertiser shall be governed by the legislation of the Republic of Slovenia in all respects, including the assessment of validity, construction, interpretation, and effect.
    7. Any dispute arising out of or relating to these Terms and Conditions, including, but not limited to the interpretation of any provision or breach, termination or invalidity, shall be settled by the competent court in Ljubljana. The Parties recognize the exclusive jurisdiction of that court.