Terms & Conditions - Casa & Country

 
TERMS AND CONDITIONS.

Casa & Country Italian Property Srl: an Italian limited company operating as a real estate agency, registered with the Chamber of Commerce of Siena under R.E.A. -  SI 135772

And registered with the Italian charter of Mediators via the CCIAA of Siena under the n.816

Registered Head Office address, Borgo La Roccaia, 53037

San Gimignano (SI) Italy

P.IVA : 01292720529


Terms & Conditions

BUYERS

The potential buyer agrees and acknowledges the terms and conditions of Casa & Country Italian Property Srl, as stated below in points a. and b. 

a. A collaboration between Buyer and Agent is formed when the Buyer formally contacts the agent to request information, assistance, property finding services via written means.

b. The collaboration becomes a legally binding recognized relationship at the moment in which the Buyer formally requests a private inspection of a property and is accompanied by a representative of Casa & Country Italian Property Srl.

The appointment of Casa & Country Italian Property Srl as the Buyers Agent 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.

The brokerage fee of Casa & Country Italian Property is 4% + iva calculated from the definitive purchase value of the property.

 

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 Buyer beyond this point and up until the successful completion of the purchase.

The brokerage fee is to be paid simultaneously to the payment of the purchase balance via the notary public upon transfer of title.

 

SELLERS


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.

For the purposes of this agreement, the sale of shares in a company that owns the Property, whether directly or through one or more subsidiary companies, shall be deemed to constitute a sale of the Property.  

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

The Seller agrees that "A Buyer is 'ready, willing and able' if: he/she/they is/are prepared and is/are able to exchange contracts; that confirmation of funding has been received and terms of purchase have been contractually agreed between both parties. The Seller will be liable to pay Casa & Country Italian Property Srl their full fees plus tax and any other costs, in the event of subsequently withdrawing following contract exchange, irrespective of their reasons. By placing a property on our website the Seller has agreed to these terms and conditions.    

4. Payment of the Brokerage commission.

(a) The Brokerage commission shall be calculated from the actual net sale price, to be paid as follows:
Sole Agent (exclusive agreement) fee is 2% + IVA of final net sale price;
Multiple Agents Fees (non exclusive agreement) fee is 3% + IVA of the final net sale price;
payable as stated in point (d) below unless agreed prior by both parties.

(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.
The Seller will provide such information as reasonably required by Casa & Country Italian Property Srl and will use their best endeavors to help verify that information if requested. The Seller shall, as soon as reasonably possible, inform Casa & Country Italian Property Srl if there is any material change in any of the information which the Seller has previously provided to 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

The Seller agrees that Casa & Country Italian Property Srl may act for the sellers of other properties as it sees fit and nothing in this Agreement shall oblige Casa & Country Italian Property Srl to pass on to the Seller any information confidential to the sellers of other properties.

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.