Registered Head Office Operations Office
Via Giuseppe Garibaldi 8 Borgo La Roccaia, 53037
50123, Florence (FI) San Gimignano (SI)
Italy Italy
Welcome to Casa & Country Italian Property Srl ("we," "our," "us," or “the Agent”). These terms and conditions ("Terms") govern your use of our website and services, including real estate sales, leasing, property management, and any other services provided by Casa & Country Italian Property Srl. By accessing or using our services, you agree to comply with and be bound by these Terms.
1. Services Provided
Casa & Country Italian Property Srl provides professional real estate services, including but not limited to property listing, buying, selling, renting, and property management.
We act as an intermediary between buyers, sellers, landlords, and tenants, and we are committed to providing accurate and up-to-date information regarding the properties we represent.
3. Appointment & Collaboration
The Client agrees and acknowledges the terms and conditions of Casa & Country Italian Property Srl, as stated below in points a, b and c;
A collaboration between Casa & Country Italian Property Srl and the Client is formed when the Client formally contacts the agent to request information, assistance, property finding services via written means.
This collaboration becomes a legally binding recognized relationship at the moment in which the Client formally requests and conducts a private inspection of a property accompanied by a representative of Casa & Country Italian Property Srl.The appointment of Casa & Country Italian Property Srl as the Clients intermediary is formed automatically following the property inspection and upon the request of the Buyer to formally coordinate negotiations between Buyer/Seller, as per the Italian Civil Code Art.1754 and Art.1755.
4. Brokerage Fees & Commissions
The brokerage fee of Casa & Country Italian Property is 4% + iva calculated from the definitive purchase value of the property.
5. Payment Terms
Despite Italian Civil law permitting mediator remuneration upon stipulation of a legally binding preliminary contract, the politic of Casa & Country Italian Property Srl is to provide service to the Client beyond this point and up until the successful completion of the purchase.
The brokerage fee is therefore to be paid upon the final closing of the transaction via the notary public unless otherwise agreed.
6. Property Management Fees
Property management services are subject to a separate management fee, which will be outlined in the management agreement.
7. Accuracy of Listings
We strive to provide accurate information on all property listings, including descriptions, prices, and availability. However, Casa & Country Italian Property Srl makes no warranties as to the accuracy or completeness of such information.
Property listings are subject to change, including price modifications, availability, and withdrawal from the market without notice.
8. Confidentiality and Privacy
We are committed to protecting your privacy and handling personal data in accordance with applicable privacy laws.
9. Confidentiality
Both parties agree to keep confidential any information related to the transaction that is not publicly available. The Client agrees not to divulge, share or redistribute any information or material provided by the Agent, to any third party other than appointed professionals involved in the transaction, specifically regarding the locations and intentions of owners to sell or rent.
10. Limitation of Liability
To the fullest extent permitted by law, Casa & Country Italian Property Srl shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of our services, including but not limited to loss of profits, loss of data, or loss of goodwill. Casa & Country Italian Property Srl is not responsible for any delays, errors, or omissions that may occur in property transactions due to circumstances beyond our control, including but not limited to government actions, third-party service providers, or market conditions.
11. Dispute Resolution
Any disputes arising from or related to these Terms shall be resolved through good-faith negotiations between the parties. In relation to any dispute arising under or in connection with these Terms that cannot be resolved via negotiation, each party submits to the exclusive jurisdiction of the Courts of Italy.
Appointment of Casa & Country Italian Property Srl. as Sole/Multiple Selling Rights Agent.
The Seller gives Casa & Country Italian Property Srl. Sole/Multiple Selling Rights for the sale of his/her/their/company’s (hereafter ‘they’ or ‘their’) Real Estate (hereafter ‘Property’). By instructing Casa & Country Italian Property Srl via any of the following means: a signed mandate, the production of property details, viewings taking place at the Property, keys left at our offices and/or exposure of the Property on the internet, you have agreed to our terms and conditions as stated herein.
Sole Agent (exclusive): The Seller may not appoint any other agent during the period of this Agreement as Sole Agent.
Multiple Agents (non-exclusive): The Seller may appoint other real estate agents during the period of this Agreement as one of several agents (Multiple Agency Agreement).
For the purposes of clarity, in the absence of a signed mandate with the Seller, the default contract shall be considered as Multiple Agency Agreement.
IMPORTANT: A Sole Agency Agreement gives Casa & Country Italian Property Srl the right to claim full remuneration of for the fees as stipulated in the agreement, plus expenses, where applicable, if your property is sold to anyone, regardless of who introduced the buyer, whether another agent or yourself or other/s.
IMPORTANT: A Multiple Agency Agreement allows the Seller to enter into other agreements with other agencies. The Seller will be liable to pay remuneration to us, in addition to any other costs or charges agreed, when a ‘ready, willing and able’ Buyer (See point 3 below for our definition) introduced to the Property by Casa & Country Italian Property Srl confirms an offer which is accepted by the Seller and a legally binding preliminary contract is stipulated.
1. Circumstances in which remuneration is due to Casa & Country Italian Property Srl.
(a) Upon the stipulation of a final and conclusive sale purchase contract with a Buyer sourced via another agency, channel, relationship including directly with the Seller during the period of Sole Agency Agreement, but not by Casa & Country Italian Property Srl.
(b) Upon the stipulation of a final and conclusive sale purchase contract after the expiry of the period during which a Sole Agency agreement was in effect, but to a Buyer introduced or re-introduced to the Seller during that period;
(c) Upon the stipulation of a final and conclusive sale purchase contract with a Buyer re-introduced by Casa & Country Italian Property Srl during the period of this Sole Agency Agreement, following abortive negotiations with another agent prior to the date of this Agreement.
For the avoidance of doubt,
•‘Buyer’ refers to any individual/s or company/ies who, at any time in the future, exchange contracts for the purchase of the Property; and
•‘introduced’ and ‘re-introduced’ refer to the bringing of the Property to the attention of the person/s or company/ies so introduced or re-introduced.
The effect of this clause is that, in certain circumstances, the Seller may be obliged to pay a fee to more than one agent.
Exceptions:
- the fee will not be payable if a Buyer introduced or re-introduced by Casa & Country Italian Property Srl goes on to exchange contracts for the purchase of the Property through another agent in circumstances where that Buyer was introduced to the Property again by the other agent more than twelve months after the termination of our Agency Agreement.
2. Sale of the Property Structured as a sale of Shares in a Company.
This means that if the shares in a company that owns the Property are sold, the fee will still be payable to Casa & Country Italian Property Srl as though the Property had been sold.
3. Ready, Willing and Able
4. Payment of the Brokerage commission.
(a) The Brokerage commission shall be calculated from the actual net sale price, to be paid as follows:
(b) The Seller shall pay the Fee to Casa & Country Italian Property Srl upon the stipulation of a notarized sale-purchase contract (preliminary/compromesso) or upon the stipulation of a final and conclusive sale-purchase contract, depending on circumstances and structure of sale and prior agreement via mandate.
(c) An invoice will be raised upon the signing and exchange of contracts (compromesso or final sale-purchase contract) and, where the Seller has instructed a Solicitor or Licensed Conveyancer to act in respect of the Property, the invoice may be sent to the Seller’s Solicitor or Licensed Conveyancer.
(d) Depending on the sale structure agreed upon, the payment of the Fees shall either be made in two parts, 50% of the agreed fees payable on the day of the signing of the preliminary contract (compromesso) and the balance due on the day of Completion of the sale, or full payment upon ‘Completion’ on the day of the notarized sale-purchase contract and transfer of ownership title If the Seller does not respect the terms and conditions of the preliminary contract, our full fees will be due before and not beyond the day originally forecast for the Completion.
(e) Where the Seller has instructed a Solicitor or Licensed Conveyancer to act in respect of the Property, by signing and accepting a legally binding sales-purchase contract, the Seller authorizes the Solicitor or Licensed Conveyancer (or the Notary overseeing the Completion) to settle Casa & Country Italian Property Srl ’s Fee out of the completion monies (unless otherwise required by Casa & Country Italian Property Srl.) and further irrevocably authorizes and instructs the Notary, Solicitor or Licensed Conveyancer to inform Casa & Country Italian Property Srl if their instructions to act in the transaction are withdrawn or if he/she/they is instructed by the Seller not to settle the fee out of the completion monies.
(f) Should any part of the Fee remain unpaid for more than 14 days after the due date for payment, the Seller shall be liable to pay interest on the unpaid amount at a monthly rate of 2.5% above the Italian base rate.
(g) Termination. Upon receipt of written instructions from the Seller or by Casa & Country Italian Property Srl to terminate the Sole or Multiple agent agreement, Casa & Country Italian Property Srl will write to the Seller explaining any ongoing liability to pay commission. This will include confirmation of potential Buyers who may subsequently proceed to sign a compromesso/exchange contracts for the purchase of the Property which would oblige the Seller to pay the fee to Casa & Country Italian Property Srl, pursuant to paragraph 1 of this Agreement.
5. Seller’s obligations to co-operate with Casa & Country Italian Property Srl.
6. Seller liability for misrepresentation of the Property
(a) Casa & Country Italian Property Srl shall not be under any obligation to publish information provided by the Seller unless the Seller has confirmed in writing that it is accurate and Casa & Country Italian Property Srl is satisfied that it is accurate. Note: This is to protect against possible legal action under the Property Misdescriptions Act 1991 or for misrepresentation.
(b) If any claim is made against Casa & Country Italian Property Srl. or anyone working on behalf of Casa & Country Italian Property Srl. in respect of any misdescription of the Property which is wholly or partially the fault of the Seller, the Seller shall pay to Casa & Country Italian Property Srl, or such person against whom a claim is made, such compensation as is reasonable in the circumstances.
7. Conduct of the agency by Casa & Country Italian Property Srl.
(a) Casa & Country Italian Property Srl shall at all times act with good faith to the Seller/Buyer.
(b) All marketing of the Property shall quote the initial Asking price unless the Seller agrees otherwise.
(c) Casa & Country Italian Property Srl will not be liable for any damage, material or otherwise, caused by ourselves, our staff, our clients or any third party when viewing the Property. Casa & Country Italian Property Srl will not be liable for any injury caused to our staff, our clients or any third party when viewing the Property; in this regard it is expressly the responsibility of the vendor to ensure that the real estate is safe to view.
(d) Casa & Country Italian Property Srl shall notify the Seller of all offers for, and any interest in, the purchase of the Property.
(e) Casa & Country Italian Property Srl shall notify the seller in writing if to its knowledge any person connected with Casa & Country Italian Property Srl is seeking to purchase the Property or is otherwise interested in it.
8. Use of sub-agents by Casa & Country Italian Property Srl.
Casa & Country Italian Property Srl may employ the services of other agents as sub-agents on behalf of the Seller, so long as there is no extra cost to the Seller, and all negotiations and viewings are arranged and co-ordinated through Casa & Country Italian Property Srl.
9. Casa & Country Italian Property Srl’s rights to act for other Sellers
10. Casa & Country Italian Property Srl’s rights to offer services to potential buyers of the property
(a) The Seller agrees that Casa & Country Italian Property Srl, or persons or companies connected with Casa & Country Italian Property Srl, may offer services (financial or otherwise) to any prospective buyer of the Property. The Seller also takes note that Casa & Country Italian Property Srl may charge the purchaser a commission.
(b) Casa & Country Italian Property Srl agrees that it will at the earliest opportunity inform the Seller if any such services are accepted by a person who makes an offer to buy the Property of which Casa & Country Italian Property Srl has knowledge.
11. Retention of records
The Seller agrees that Casa & Country Italian Property Srl may retain its files relating to the prospective sale of the Property (whether or not a sale takes place) for a period of five years for the purposes of complying with its statutory obligations as to record keeping
12. Duration of instruction
The duration of our engagement will be stated in our mandate ( Sole or Multiple Agency agreement) In the instance that no mandate is signed and collaboration is performed via other private agreement, the agreement will continue until termination by either party in writing. The period of termination upon receipt is 60 days.
13. Disputes
Our instruction is governed by Italian law.