Exclusive Buyer Agreement
This Exclusive Buyer Representation Agreement (the “Agreement”), is made on June 29, 2022 between abcMallorca Digital Media SLU having its principal office at Carrer Sant Jaume, 17, Palma de Mallorca, Spain, (hereinafter “the hc/ Mallorca Living Centre”) and with passport number: (hereinafter “the client”).
WHEREAS “the client” wishes to engage the services of hc/Mallorca Living Centre to search property on Mallorca, and for such purpose, the parties hereto agree as follows:
1. THE PROPERTY (SEARCH CRITERIA)
The client’s search criteria are:
2. THE AGENCY RELATIONSHIP
2.1 The client gives the hc/Mallorca Living Centre the exclusive right to assist him/her in buying a property that matches the client’s search criteria.
This agreement creates a sole agency relationship. That means the client cannot appoint anyone else as his/her agent or representative with the same search criteria during this agreement. However, the hc/ Mallorca Living Centre may represent sellers and other buyers.
2.2 This agreement begins on June 29, 2022 and has a duration of 12 months, or until the client purcahses a proerpty, whichever happens first.
2.3 During this agreement and for 90 days after this agreement ends, the client must give us copies of any offers or contracts the hc/ Mallorca Living Centre does not know about that the client makes or receives for properties that match the search criteria.
3.1 Should the client purchase a property in Mallorca, the hc/ Mallorca Living Centre will normally receive remuneration from the owner/seller (in the case of a direct sale) or from the hc/ Mallorca Living Centre collaborating real estate agency that has brokered the sale.
3.2 At any time during this contract period, should the client purchase a property in Mallorca, directly from a property seller or from a non-collaborating real estate agent of hc/ Mallorca Living Centre, the client agrees to pay a fee to hc/ Mallorca Living Centre of 0.5% of the property price purchased without dispute or delay.
3.2 If, after signing a binding option contract to purchase a property (deposit paid), and the client changes his/her mind and does not complete the purchase, the hc/Mallorca Living Centre will be entitled to be paid by the client an amount of 0.5% of the agreed purchase price of the property holding the option contract without dispute or delay.
4. REPRESENTATION AND CONFLICTS OF INTEREST
4.1 Hereby, the client confers his/her exclusive representation to buy a property in Mallorca to the hc/ Mallorca Living Centre.
4.2 It is not a conflict of interest if the hc/ Mallorca Living Centre shows a property owned by a seller they also represent.
4.3 Should the client have registered as the client of other real estate agencies (or does so during the term of this agreement), the hc/ Mallorca Living Centre is hereby expressly authorized to unregister the client from the other agencies.
6.1 The Agreement can be terminated by either party upon not less than ninety (90) days advance written notice.
6. PERSONAL AND DATA PROTECTION
The client gives consent to collect, maintain, use and disclose the personal information for this agreement and for all uses consistent with the client buying, or potentially buying (or renting), property.
The parties appoint the following e-mail addresses for communications:
8.1 The hc/ Mallorca Living Center: email@example.com
8.2 The client:
8. COLLABORATION WITH ESTATE AGENCIES
In the performance of its services, the hc/ Mallorca Living Centre may collaborate with real estate agencies in Mallorca or contact property sellers directly. The hc/ Mallorca Living Centre shall select, and retain on behalf of the client the services of such real estate agencies.
9. INDEMNIFICATION AND HOLD HARMLESS
Except as otherwise provided in this Agreement, the hc/ Mallorca Living Centre assumes no financial liability and no responsibility under this Agreement other than to render the services called for in good faith.
10. APPLICABLE LAW AND JURISDICTION
10.1 This Agreement shall be governed by, construed and interpreted exclusively in accordance with the laws, rules and regulations of Spain.
10.2 The courts of Palma de Mallorca shall have, and the parties irrevocably consent to the sole jurisdiction over any matter related to this Agreement.
SIGNED AND DELIVERED on June 29, 2022 in .
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Signed by Helen Cummins
Signed On: June 22, 2022
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Document Name: Exclusive Buyer Agreement
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