CONTRACT FOR THE PROVISION OF PAID SERVICES TO THE SELLER OF THE PROPERTY
REAL ESTATE OBJECT
PAID SERVICE TO THE SELLER
AGREEMENT ON
Almaty city "____" _____________202__zh.
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and henceforth the so-called" executor"...."Acting on the basis of a certificate on behalf of the sole proprietor, D. R., on the other hand, jointly concluded this agreement (hereinafter referred to as the agreement) on the provision of reimbursable services for the sale of a real estate object:
1. obligations used in the contract
1.1. object-belongs to the customer on the right of ownership
immovable or movable property (including but not limited to a house, apartment, land plot, other residential premises, etc.).
1.2. transaction-actions aimed at changing or terminating the rights and obligations of the customer in the form, alienation (including, but not limited to, a sale and purchase agreement, a preliminary sale and purchase agreement, an agreement of intent, a cession agreement, an exchange agreement, etc.).
1.3. a potential buyer is a third party submitted by the contractor for the purchase of a real estate object that corresponds to the initial data of the customer's object (specified in Annex No. 1 to the contract).
2. subject of the contract
2.1. the contractor undertakes, at the request of the customer, to provide services (hereinafter referred to as the service) to search for a potential buyer who is ready to purchase the object by concluding a transaction with the customer, and the customer undertakes to pay for these services in cases provided for in Section 4 of this Agreement
2.2. initial data of the object being sold:
a) tour of the object: _________________________________________
B) address of the object: ______________________________
___________(City, district)_________________________street,
____________ home______________apartment
C) the cost of the object_____________________________________
3. Rights and obligations of the parties
3.1. the contractor is obliged:
3.1.1.provide the customer with accurate, appropriate services in accordance with the terms of this agreement.
3.1.2.organize the inspection of the object to the potential buyer with the creation of an appropriate register (annex No. 1 to the contract), which is kept by the contractor in one copy, in which an entry confirming the fact of inspection of the object by potential buyers is recorded.
3.1.3.participate in negotiations with potential buyers on behalf of the customer.
3.1.4. all issues related to the subject of this Agreement
to provide consulting services.
3.1.5.accompany the customer when concluding a transaction for the alienation of the object.
3.1.6.observe the confidentiality of the information received, except in cases stipulated by the current legislation of the Republic of Kazakhstan.
3.2. the contractor has the right to::
3.2.1.demand timely payment for the services rendered.
3.2.2.if necessary, request and receive documents, certificates necessary for the conclusion of the transaction.
3.2.3. request from the customer a copy of the necessary documents for the object, as well as documents necessary for the conclusion of the transaction and registration with the authorized registration body
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3.2.4.receive funds from a potential buyer to ensure the fulfillment of the obligation to conclude a transaction (preliminary agreement) for the alienation of the object in the interests of the customer.
3.2.5. after signing the contract with the customer, the contractor uses photo-video footage of the object
the right to place advertising materials in mass media, internet resources of the Web-site. The parties agree that all of the above recordings, designs and layouts of advertising materials are the property of the performer only.
3.2.6.at the request of the customer and potential buyer, conclude an agreement or other civil transactions that do not require notarial confirmation.
3.2.7.if necessary, involve third parties at their own expense in the execution of this Agreement, while being responsible for their actions exactly as during their own actions. 3.2.8.at any time in the process of fulfilling the terms of this Agreement, the customer has the right to replace the originally appointed representative (realtor) with any other representative (risltor).
3.3. the customer is obliged:
3.3.1.pay for services rendered to the contractor in accordance with the procedure and terms established by this Agreement.
3.3.2.at the time of signing this agreement, be a guarantee of the existence of a documented right to manage this object or share (including, but not limited to, alienation, modification, pledge of the object).
3.3.3.in cases stipulated by the current legislation of the Republic of Kazakhstan, when alienating the object, provide the duly executed consent of the husband/wife, guardianship and guardianship authorities for alienation, as well as guarantee that the object will be free from the right of Use and/or residence of its family members and/or third parties.
3.3.4.provide the contractor's representative with accurate and accurate information about the object and access to it for a potential buyer to scan the object.
3.3.5.at the request of the contractor, provide copies of the necessary documents for the form, as well as assist in the preparation and collection of documents necessary for the conclusion of the transaction and registration with the authorized registration body.
3.3.6.carry out all actions on the conclusion, registration and registration of a transaction with a potential buyer and/or a person representing his interests only by notification and in the presence of a representative of the contractor.
3.3.7.do not contact potential buyers and/or their representatives who viewed the object.
3.3.8. significant arising that complicate or impede the fulfillment of obligations under this Agreement
to promptly notify the performer of problems,
3.3.9.in the presence of encumbrances/arrests attached to the object, take appropriate measures to eliminate them and guarantee that at the time of the transaction on the alienation of the object, the object is not leased, pledged, not disputed, not prohibited, and the management is not limited to anything.
3.3.10.take measures to eliminate inconsistencies or gaps identified by the contractor in the title and identifying documents submitted to the form.
3.3.11.in case of arrears in utility, operational and other payments on the object, pay them off before the conclusion of the transaction for the alienation of the object, submit supporting documents at the request of the potential buyer. In case of termination of the transaction due to the fault of the customer, the contractor is obliged to pay for the services provided under this Agreement.
3.4. customer's rights:
3.4.1.exercise and fulfill the rights and obligations under this agreement both personally and through their representative (power of attorney) in accordance with the current legislation of the Republic of Kazakhstan.
3.4.2.in order to conclude a transaction, the customer must independently search for a potential buyer (except for the persons specified in Annex no l and their representatives or close relatives - parents (parents), children, adoptive parents, adoptive parents, brothers and sisters (siblings) with one parent and separate parents, grandparents, grandchildren, as well as spouses in accordance with paragraph 13 of Article 1 of the law of the Republic of Kazakhstan "on marriage and family").
3.4.3.all cases related to the fulfillment of this Agreement are subject to participation in erections, verification of the progress and quality of work performed by the performer, without interfering with his activities. 3.4.4.the potential buyer has the right to independently determine the terms of the transaction.
4. cost of services and payment conditions
4.1.the cost of the contractor's services under this agreement is calculated based on the cost of the object, taking into account the following calculations.
4.2.if the contractor sells real estate more expensive than the specified amount by the customer, the customer may not demand the specified amount in excess from the contractor. The customer is obliged to transfer the amount received in excess to the contractor along with the remuneration.
4.3.when concluding between the customer and the owner of the object a transaction on collateral, re-transfer of the right of purchase and sale/claim or another contract for the purchase of the object by transferring cash funds to the contractor's current account specified in this Agreement, or by making a cash payment to the contractor's cash desk, the customer pays for the contractor's services.
4.4.in case of refusal of the transaction after receiving funds from a potential buyer to ensure the fulfillment of obligations to conclude a transaction due to the transfer of property by the customer to a third party, the customer pays in full for the services rendered by the contractor within 3 (three) bank days from the date of expiration or refusal of the transaction.
4.5.in case of refusal or failure of the transaction by the customer after receiving KSA funds for the transaction from a potential buyer due to non-fulfillment by the customer of the obligations stipulated by paragraphs 3.3.8, 3.3.9, and 3.3.20 of the contract. The customer is provided for by clause 4.1 of the contract. 100% of the contractor's services are paid within 3 (three) bank days after the expiration of the transaction.
4.6.the cost of services provided by the contractor does not include expenses for services provided by third parties who are not parties to the transaction (in particular, services provided by a notary, an appraisal company, speeding up the registration period, legalizing the redevelopment/ re-equipment of the facility, obtaining a certificate or other documents necessary for the transaction).
5. liability of the parties
5.1. the parties are liable for non-performance or improper performance of their obligations under this agreement in accordance with the norms of the current legislation of the Republic of Kazakhstan.
5.2. in case of violation by the customer of the terms of payment for the services provided by the contractor specified in paragraphs 4.2., 4.3. and 4.4.of this Agreement, then at the request of the contractor, the customer must pay the contractor a penalty of 1% (one percent) of the cost of the service specified in paragraph 4.1 of the agreement for each day of expiration.
5.3.in case of termination of the transaction on the initiative of the customer or through his fault, the customer pays for the services rendered by the contractor in full.
5.4. in case of violation by the customer of clause 3.3.5 of this agreement in order not to pay for the services rendered by the contractor under this Agreement, the customer, at the request of the contractor, pays a fine of 5% (five percent) of the cost of the object and is not entitled to early termination of this Agreement.
5.5.in the event of the occurrence of force majeure (force majeure) during the period of validity of the agreement, the parties are released from liability under this Agreement.
6. term of validity, modification and early termination of the contract
6.1.this agreement is considered concluded and is valid from the moment of its signing until December 31, 2023.
6.2.all amendments and additions to this Agreement, as well as its termination, are considered valid if it is concluded in writing and signed by both parties. The relevant additional agreements of the parties are an integral part of the contract.
6.3.this Agreement may be terminated prematurely by agreement of the parties or at the request of one of the parties in accordance with the procedure and on the grounds provided for by the legislation of the Republic of Kazakhstan.
6.4.in the absence of objections from one of the parties, which must be submitted in writing no later than 10 (ten) days before the expiration of this Agreement, the term of the agreement is considered extended for the same period.
7. Corytyndy zhagdai
7.1. the agreement is concluded in two copies in the Kazakh and Russian languages, with equal legal force.
7.2.this Agreement, provided by e-mail and/or facsimile communication, together with the annexes to the agreement, has legal force if it is signed by both parties (before receiving the original).
7.3.the customer, through this paragraph, gives his written consent to the processing and use of his personal data in this Agreement and in the submitted documents until the mutual obligation between the parties is fully fulfilled.
7.4.by signing this agreement, the customer confirms that the terms of this Agreement are understandable to him and gives his consent that the contract was not concluded under the influence of misleading, deception, show of force, intimidation, ill-intentioned agreement between the parties or exposure to serious circumstances, and considers the subject of the contract signed by him and its consequences.
7.5.the parties to this Agreement confirm that they are not deprived of their legal capacity, are not under guardianship and guardianship, do not suffer from diseases that interfere with understanding the essence of the agreement, and also do not have circumstances that force them to conclude this agreement in conditions that are not particularly favorable for them.
7.6.disputes and disagreements in the process of executing this Agreement are considered in the Court of Almaty, if an agreement is not reached.
7.7.relations between the parties under this Agreement are terminated upon their fulfillment of all the terms and obligations of the agreement.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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ДОГОВОР ВОЗМЕЗДНОГО ОКАЗАНИЯ УСЛУГ ПРОДАВЦУ ОБЪЕКТА
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