Terms and Conditions

 
  1. I hereby appoint EL as my Estate Agent and introduce, present or show me me a PROPERTY.
  2. DEFINITIONS
    1. “EL: means Easy Livin and includes its staff, employees and other co-operating and sub - brokers.
    2. PROPERTY: means a property of the description detailed in the preceding Registration Form or any other similar property which may be shown by EL to me.
    3. SELL: with its grammatical variations and cognate expressions shall mean sale, exchange, lease 35,5 . and licence.
    4. SELLER: means the owner, or a person having authority, express, implied or ostensible, to sett the property and includes a co-Owner.
    5. Means the client, whose name is entered as a Client in, and who affixes his signature to, the preceding Registration Form.
  3. REMUNERATION : I agree to pay EL “the following remuneration and charges.
    1. Any consideration in kind shall be valuated in terms of money to calculate the remuneration of EL
    2. I agree to pay the service tax of 15.% or as applicable by the Government from time to time on the above remuneration.
    3. I agree that EL shall first seek Commission payment of from the transaction. In the event any remuneration properly payable in accordance with this Agreement remaining unpaid more than T 14 days after the due date, I agree to pay EL interest at the rate of 14% per annum on such outstanding
    4. The remuneration of BL shall be earned and shall be liable to be paid by me in the event I, or my agent, or any member of this family, procure any interest in any property recorded in the INTERESTED PROPERTY FORM hereinafter contained.
    5. For the purpose of this clause, an'Agent shall include Business partner, Company and Member of this Family shall mean and include the other spouse, parents, parents - in -law, son, daughter, son - inolaw, daughter-m law, brother, sister, brother-in- law, sister-in -law maternal and paternal uncles and Aunt's
    6. The remuneration shall be earned and I will be liable to pay EL immediately if any act, omission, defect on my part, prevents EL . from earning the remuneration.
    7. EL Will also have earned the remuneration and I Will be liable to pay EL in the event any property recorded in the INTERESTED PROPERTY FORM,which was initially taken on lease or license byme.
    8. The remuneration obligation set forth in the above paragraphs shall survive the termination of this agreement.
  4. STATEMENTS BY ME TO EL:
    1. I represent that I am not engaged in the business 'or practice of real estate consultancy or brokerage; or an agent, or acting on behalf of a real estate consultant or broker. I say that that any misrepresentation under this clause shall attract a penalty of Rs. 1 ,Oo,000/- (one lakh only) in addition to liability for damages. EL reserves the right to deny access to or terminate relationship with any such person at its discretion.
    2. I undertake not of contact , speak to the owner, seller of, or, enter, any rsiroperty mentioned in the INTERESTED PROPERTY ORM without an appointment set by EL. or EL E pay 2% and can deal directly
    3. Unless otherwise expressly requested in writing, EL has my permission to disclose my identity to prospective sellers and their agents.
    4. I agree to provrde EL, upon request , with relevant personal and financial information to assure my ability to acquire prOperty.4.5. I am not subject to any disqualification under any law in India or of the country of my nationality.
  5. STATEMENTS BY ELTO ME:
    1. ELshall mrts bestendeavors try to locate and introduce,presentor show me property. ButELis notunder any duty to do the same.
    2. I admit and agree that EL owes no duty to conduct an independent inspection of the property either for my benefit or the seller, or to independently verify the accuracy or completeness of any statements made by me, seller or any third person, or to conduct an independent investigation of the seller‘s title EL hereby advises to seek legal, tax and other professional advice relating to any proposed real 1 estate ransaction. EL is not expert with regard to matters which cold have been revealed through a survey, title search or inspection of the property, the condition of property, any portion thereof, or any it em therein, building products and construction techniques , the necessity or cost of any rep airs to the property, hazardous or tox1c materials, termites or other wood destroyin organisms, the tax or legal consequences of any real estate transaction, the appraised or future value 0? the property, conditions existing off the property which may affect the Iproperty and the uses and zoning of property and matters relating o nancing . I am encouraged by E to seek expert assistance in these areas.5.3 . All data provided by EL, on the website or otherwise, is for my sole and rivate use only and not available for distribution. I shall not transfer, disseminate or otherwise make avaifable to any othe person any of the date made available to me by EL, except with the prior written permission of EL. In the event any unauthorized transfer or distribution of such information by me to any person culminates into a pro erty transaction, 1 shall be liable to pay EL the remuneration set out above, as if the same Ihas been earned by EL.
  6. IT IS FURTHERAGREED BETWEEN ME AND EL THAT:
    1. The identification and description of every property introduced, presented and shown to me by EL shall be recorded in the INTERES ED PROPER Y FORM hereinafter contained and shall forthwith affix my signature to the same Everything detailed and recorded in the said Form forms a art of this agreement. I am encouraged by EL to read the same.6.2 I acknowledge that other clients may liave retained EL to represent, assist or advice them in the selling of property. If I become interested in making an offer on such clients property, then EL would be in a (position of representing both me and such client in that transaction, to which I hereby give my informe consent. In such an event, EL will also be entitled to claim him commission from such client as agreed between such client and EL, to which I hereby give my informed consent. In such an event, EL sha 1 not disclose the followmg information without the consent of all parties to such transaction:
      1. That I am willing to pay more than the purchase price, rent or sale price offered for the property.
      2. That such client is willing to accept less than asking price.
      3. What the motivating factors are for any party buying or selling the property.
      4. That I or such client will agree to financrng terms other than those offered.
      5. Any information or personal confidences about a party to the transaction which might place the other party at an advantage over the other party.
    3. l consent that any selling incentive offered by seller may be accepted by EL' , due under this agreement.
    4. l authorize EASY LIVlN to cooperate with other brokers and share any compensatlon h through EL the
    5. I understand that other potential purchasers, may consider, make offers 911, Of purc 356 (31 urch a s ers. same or similar properties as I seek to acquire consent to EL's representation of such poten 1 . P includes
    6. For the purposes of this clause, purchase in its grammatical variations and cognate expressmns lease and licence and purchase.
  7. DISCLAIMER: EL disclaims any and all warranties, including, but not limited to : (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infring ement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any dama gesor injury caused by any failur e Of performance, error, omission, interruption, deletion, defect, delay in Operation or transmissmn, computer virus, communication line failure, theft or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the website service rendered by EL, whether breach Of contract, tortuous behavior, negligence or any other cause or action.
  8. JURISDICTON: All disputes arising out of this agreement shall, subject to the jUI'lSdICtlon of Courts at PANJIM Only.
  9. This is the entire agreement between the parties; and prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. There shall be no modification of any the terms of the contract unless such modification has been agreed to in writing and signed by both the pames.
    10. INTERESTED PARTY FORM
The identification and description of every property introduced, presented or shown to a Client by EL shall be recorded in this Form. The contents of this form shall be conclusive of the fact that the property / properties mentioned in this Form were introduced , presented and shown by EL to the Client. The contents of this Form shall form a part of the agreement between the Client and EL and the owner. Kindly refer to item nos. 3.4 and 6.1 of the Terms and Conditions.