Agency agreement for the sale of commercial real estate. Agency agreement for the provision of intermediary services for the sale of an apartment. Subject of the contract. general provisions

From cooperation with a realtor, you can both lose and win. It all depends on where the seller of the apartment will turn and how reliable the agency will be.

Benefits of working with a realtor:

Before concluding a contract with a real estate agency, you need to carefully check its reputation, registration documents, as well as customer reviews.

Cons of working with a realtor:

• high commissions (up to 5% of the cost of the apartment);
• the risk of fraud (collusion with the buyer or disappearance after the transfer of the advance);
• loss of deposit for early termination of the contract;
• slow work and a minimum of buyers.

The days of "black" realtors are long gone., but when working with real estate agencies, problems of a different kind may arise. For example, a realtor may have a very small customer base and, having entered into an exclusive agreement with such a company, the seller or buyer of an apartment will only lose time in vain.

There are also cases of petty fraud, when the contract is concluded for only one purpose - to receive an advance. Further, the unscrupulous agent simply turns off the phone or imitates activity without any results.

A good realtor should have an official registration, certificate or professional liability insurance. The company must have a large customer base, established contacts with many real estate sites and an impeccable reputation.

Why is an agreement necessary?

It is necessary to draw up an agency agreement for the purchase or sale of housing with a realtor. Otherwise, there is a risk of wasting time and money. The agreement specifies in detail the entire range of services that must be provided in exchange for a commission or a fixed payment, as well as responsibility for their non-fulfillment.

Realtor services include:

• free assessment of the apartment;
• marketing plan to promote the announcement of the sale;
• finding a buyer and conducting inspections;
• negotiating with clients and advertising their apartments;
• verification of all documents and preparation for the sale and purchase transaction.

A real estate agency often deals not only with the banal information of the buyer and seller, but also provides preparation for the sale of an apartment, collects information necessary for the transaction, as well as legal examination of title documents.

The Guild of Realtors has developed a model agency agreement that has undergone due diligence and contains all the important points that describe the relationship between the customer and the contractor. It is advisable to familiarize yourself with it before signing the contract offered by the realtor.

Required documents

To conclude a contract, you will need to collect a small package of documents. At the conclusion of the contract, the realtor will be required:

• the passport;
• a power of attorney from a real estate company indicating powers.

Documents from the real estate agency:

• founding documents;
• certificate of state registration;
• tax registration certificate.

Documents from the customer of services:

When drawing up the contract, the original documents can be transferred to the real estate company for storage. But most often, ordinary copies are transferred so that the potential buyer can make sure that everything is in order with the documents.

Before signing the contract, the realtor may also ask for documents important for the transaction - a copy of the permission of the guardianship authorities or an extract from the house register. If they have not yet been formalized, the signing of the contract may be delayed.

How to compose correctly?

The contract for the provision of real estate services is drawn up in accordance with all the requirements of the Civil Code of the Russian Federation (Art. 779-782). The law "On the Protection of Consumer Rights" also regulates legal relations in the field of intermediary services. The contract specifies:

• subject;
• rights and obligations of the parties;
• alienation object;
• service cost;
• the duration of the agreement;
• termination procedure.

The contract is drawn up in a simple written form and signed by the seller and the head of the real estate company or its legal representative.

An annex to the contract may be an act of work performed. It is drawn up after the buyer has already been found, the transaction has taken place, and the services of the realtor have been paid.

Consider the main sections of the contract in more detail.

Parties

This section indicates the name of the real estate company, full name. a director acting on the basis of the charter or a legal representative (with reference to the number of the power of attorney, date of issue). The second party under the contract is the seller of the apartment (customer). Be sure to indicate his full name, date of birth, passport details, registration address and telephone number.

Subject

The subject of the agreement is real estate services.. The company undertakes to provide them within the framework described in the contract, and the seller of the apartment - to pay. The scope of these services should be clearly defined. This is, first of all:

1. search for a buyer of an apartment (the address, cadastral number are indicated in the contract);
2. consulting services, which include an appraisal of the apartment.

Duties of the parties

The contract lists all the rights and obligations of the contractor and the customer (seller of the apartment). The customer's responsibilities include:

1. providing documents for the apartment (in the form of copies or originals, if provided for by the contract);
2. provide assistance at all stages of preparation and execution of the transaction;
3. pay for the services of the contractor;
4. sign the certificate of completion.

Sometimes it is the responsibility of the customer to transfer the deposit to the apartment through the realtor, but only if it is provided for by the contract.

Responsibilities of a real estate company:

All obligations of the realtor must be clearly stated in the contract. Only in this case, the client will have a reason to demand from the contractor the steady fulfillment of his obligations.

Deadlines

The contract specifies the terms of cooperation with specific dates. It can be 1-3 months and any other period agreed by the parties to the agreement among themselves. The term may be extended if there is no objection from the parties.

Cost of services and payment procedure

Real estate services must be paid within the time specified in the contract. Typically, the commission is 2-5% of the cost of the apartment or a fixed amount from 30 to 100 thousand rubles.

Most often, the payment for the services of a realtor is divided into two parts.. The first is payable regardless of the fact of the sale of the apartment. Even in the event of early termination of the contract, this deposit is non-refundable. And the second part is the balance of the amount, which is paid only when a buyer is found and the transaction takes place. Payment for the second part is made no later than the day of signing by the customer.

Agreements without a deposit are also possible, according to which the entire amount is paid in cash or by transfer to the contractor's account after signing the bill of sale.

How to terminate?

The seller of the apartment has the right to refuse the services of a realtor at any time, but subject to payment of the expenses actually incurred by him (Article 782 of the Civil Code of the Russian Federation). In this case, the contract is considered terminated from the moment the money arrives at the account of the real estate company.

Article 782 of the Civil Code of the Russian Federation. Unilateral refusal to execute the contract for the provision of services

1. The customer has the right to refuse to execute the contract for the provision of services for compensation, subject to payment to the contractor of the expenses actually incurred by him.
2. The contractor has the right to refuse to fulfill obligations under the contract for the provision of services for compensation only if the customer is fully reimbursed for losses.

The seller of an apartment has the right to refuse a realtor if:

• he did not start rendering services in due time;
• From the very beginning there are problems with the fulfillment of the terms of the contract.

In the event of a break in relations at the initiative of the customer, he is obliged to pay a remuneration in the amount proportional to the services actually received. Calculations are made following way A: 5% of the promised amount is compensated for the preparation of a sales contract, 30% for finding a client (if one was found) and 65% for issuing a bill of sale (as a representative of the customer).

Penalties for unilateral termination of the contract are illegal. It is only about reimbursement of expenses incurred.

The parties may also terminate the contract at any time by mutual agreement.

Liability for violation of the terms of the transaction

When drawing up a contract for the provision of real estate services, responsibility for its failure to be fulfilled, as well as for the safety of documents for the apartment (if they are transferred for storage), must be prescribed.

Responsibilities for the customer:

• in case of violation of the terms of payment - a penalty (on average from 0.1-0.2% of the amount for each day of delay);
• loss of the deposit in case of early termination of the contract;
• obligation to compensate for the restoration of documents.

In fact, liability measures for a realtor are rarely specified in the contract, so the client always has the opportunity to terminate the contract ahead of schedule if he does not like something. But it is still necessary to prescribe such clauses, for example, responsibility for disrupting the transaction through the fault of the agency. As a measure of liability, it is possible to establish an obligation to compensate for the damage suffered by the seller or buyer of the apartment as a result of such actions.

Underwater rocks

The contract for the provision of real estate services is drawn up by the company, and the customer agrees to its terms or not. It is extremely rare that amendments and additions to the contract are allowed. Therefore, the text of the agreement should be studied very carefully.

Pay attention to the following points:

• deadlines for fulfilling obligations (the contract should not be open-ended);
• the procedure for settlements and the final cost of services (there should be no vague wording about services that may require additional payment);
• a ban on communication with the buyer before the transaction (this requirement is illegal and often speaks only of the non-transparent work of the realtor);
• fines for the customer for any reason, for example, for disrupting viewing, etc. (bondage agreement is unprofitable for the seller or buyer of real estate);
• a ban on contacting other realtors (this is possible only with the execution of an exclusive agreement).

For the seller of real estate, the most advantageous is an agreement under which the settlement with the realtor is made at the time of the transaction. In this case, he does not lose the deposit if cooperation does not work out and can easily choose between 2-3 realtors - whoever brings the buyer to him will pay. In practice, this means, in the second aspect, that in the absence of an adopted and valid law on real estate activities, so called standard contracts can only be advisory. This opens up the possibility for the client to make changes to it at his own discretion, but within the framework of the current legislation (that is, the main points listed in the article above).

Thus, if an intermediary (realtor, real estate agency) insists on the immutability of the contract, the impossibility of making any changes to it, while allegedly referring to the law, then most likely there are reasons not to trust such a person (organization) and think about options searching for another. Especially in the case of categorical refusal. However, theoretically, the law quite allows appealing such refusals through the courts. Just in a practical sense, this is not only a considerable loss of time, initially the relationship can be considered spoiled, and the result is unpromising.

The first aspect is related to the fact that if the owner / buyer does not have the time, desire, necessary knowledge (legal and legal nuances of real estate transactions, the real estate market) for an independent search for a real estate object or its sale, he delegates this by concluding an agreement for the provision the corresponding service.
That is, the work carried out in this case requires payment. Therefore, such an agreed minimum must be present in the contract (a specific amount or actually incurred costs, documented). Also, cases should be described when the client eventually finds a buyer / seller himself, so that questions on this topic do not arise in the future. As specifically as possible, it is worth reflecting the components of payment and terms.

As for penalties and fines, one should still rely on the current legislation (primarily on the refinancing rate set by the Central Bank of the Russian Federation, since this is a criterion unequivocally accepted by the court).

Thus, if a potential client does not have an understanding of not only the real estate market, but also the legal aspects of concluding a contract for the provision of real estate services, then additional legal verification by professionals will obviously not be superfluous. Especially given the rising cost of real estate.

Ask an expert

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The civil legislation of the Russian Federation provides for such a concept as a commercial intermediary - a person acting in the interests of others on certain conditions.

When concluding an agency agreement, one of the parties undertakes to fulfill the order of the other party on certain conditions. The intermediary can act both on its own behalf and on behalf of the customer, but the latter bears the costs.

What does it represent?

The agency agreement for the sale of a property is used by the vast majority of real estate organizations. The conclusion of such an agreement gives the agent the right to conduct demonstrations, advertise the object and directly carry out the sale.

Termination of the contract

Depending on the terms of the agreement, the agency agreement for the sale of a property may be terminated for various reasons provided by law. In this case, the initiator is usually the client, who is dissatisfied with the promotion of the object or other aspects of the relationship with the agent. In this case, the agency may provide for penalties. But they cannot and should not be exorbitant - according to the law, they only have to cover the costs (payment for the publication of advertising, transportation costs for demonstrating an object, etc.).

In fact, when trying to terminate a contract with real estate agencies, many are faced with problems, up to threats of lawsuits and a large penalty. In order to avoid such situations, it is better to turn only to the help of large and reliable organizations, and also to study customer reviews about the work in advance.

Agency agreement to search for buyers of real estate

d. [place of conclusion of the contract] [day, month, year]

[Name of organization], represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], hereinafter referred to as the "Principal", on the one hand and

[name of organization], represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], hereinafter referred to as the "Agent", on the other hand, and collectively referred to as the "Parties", entered into an agreement on as follows:

1. The Subject of the Agreement

1.1. Under this Agreement, the Agent, for a fee, undertakes, on its own behalf, on behalf and at the expense of the Principal, to perform legal and other actions related to the search for and attraction of a potential buyer, hereinafter referred to as the Buyer, for the sale of the Principal's real estate objects located [fill in the appropriate] (hereinafter - agency activity).

1.2. Sale of real estate in the ownership of the Buyer is carried out by concluding a contract of sale between the Principal and the Buyer found by the Agent.

1.3. [Indicate commercial and other requirements for the content and nature of the Agency activity].

1.4. Rights and obligations for actions performed by the Agent in accordance with clause 1.1. of this agreement arise directly from the Principal.

1.5. The territory of the Agent's activity under this agreement is [insert as appropriate].

2. Rights and obligations of the parties to the contract

2.1. The principal undertakes:

2.1.1. Provide the Agent with full information about the Principal's real estate objects in the form of photographs and a text description for each object.

2.1.2. Provide the Agent with information about the Principal himself to provide it to the Buyers.

2.1.3. Inform the Agent of all circumstances that may affect the execution of this contract.

2.1.4. Grant the Agent for the entire term of this agreement the right to carry out marketing and organizational activities related to the search for a potential Buyer.

2.1.5. Provide the Agent with all the necessary information, property and documents for the implementation of the Agency's activities.

2.1.6. To provide the Agent with funds for the implementation of the Agency's activities, namely: to reimburse the expenses incurred by the Agent related to the execution of this agreement.

2.1.7. Pay the Agent remuneration for the implementation of Agency activities.

2.1.8. Accept from the Agent a report on the work done, the documents attached to it and everything performed by him under the instructions under this agreement.

2.1.9. Notify the Agent of any objections to the submitted report within [value] days after it is submitted.

2.1.10. Do not enter into similar agency agreements with other agents operating in the territory specified in this agreement.

2.2. The principal has the right:

2.2.1. Exercise control over the activities of the Agent in terms of the execution of the order.

2.2.2. Give the Agent additional instructions regarding the execution of the assignment under this agreement.

2.2.3. Receive information on the progress of execution by the Agent of this agreement.

2.3. The agent undertakes:

2.3.1. Carry out Agency activities in good faith, with maximum benefit for the Principal.

2.3.2. Carry out the necessary activities in order to search for Buyers, facilitate the conclusion of contracts and agreements between the Principal and the Buyers aimed at acquiring the Principal's real estate.

2.3.4. Negotiate with Buyers on behalf of the Principal.

2.3.5. Timely provide the Buyer with information about the Principal and about the Principal's real estate.

2.3.6. Organize property viewings.

2.3.7. In case of insufficient information or incompleteness of the documents provided, as well as in case of discrepancy between the information contained in the documents and the actual characteristics of the real estate, notify the Principal in writing no later than [value] hours.

2.3.8. Follow the instructions of the Principal regarding the implementation of the Agency activities, if these instructions do not contradict the requirements of the law.

2.3.9. Provide the Principal, at his request, with all information on the progress of the execution of the order under this agreement.

2.3.10. Submit to the Principal a report on the work done under this contract.

2.3.11. Provide the Principal with a calculation of the costs associated with the execution of this agreement, documented.

2.3.12. Do not enter into similar agency agreements with other principals, which must be executed on the territory that fully or partially coincides with the territory specified in this agreement.

2.3.13. Ensure the safety of the documents transferred by the Principal and return them after the expiration of this agreement.

2.4. The agent has the right:

2.4.1. Conclude a subagency agreement with another person, remaining responsible for the actions of the subagent to the Principal.

2.4.2. To receive from the Principal all the agreed amounts of expenses incurred, as well as remuneration in accordance with this agreement, in a timely manner and in full.

3. Agent's remuneration and payment procedure

3.1. The Agent's remuneration under this agreement is [(in figures and words) rubles / (value) percent of the sale value of the property specified in the sale and purchase agreement between the Principal and the Buyer].

3.2. The remuneration under this agreement is paid by the Principal to the Agent as follows: [at a time, no later than (value) days from the date of submission of the report on the work done / upon reaching the required result within [value] days / with a frequency (specify terms) / on the day of signing by the Principal and Buyer of the contract of sale of the alienated property].

3.3. The Principal pays the expenses incurred by the Agent related to the execution of this agreement within [value] days from the date of submission of documents confirming these expenses.

3.4. Payment of remuneration and reimbursement of expenses to the Agent is carried out by transferring Money to the account of the Agent.

3.5. The Principal's obligation to pay remuneration and expenses is considered fulfilled from the date of [withdrawal of funds from the Principal's settlement account / receipt of funds to the Agent's settlement account].

4. Agent reports

4.1. The Agent undertakes to submit to the Principal reports on the work done.

4.2. Reports shall be submitted by the Agent on time: [indicate specific deadlines for submission of reports / as the contract is completed / at the end of the contract] by [indicate the method of submitting reports].

4.3. The submitted report must contain: [fill in as appropriate].

4.4. The Agent must attach to the report the necessary evidence of the costs incurred by the Agent in the performance of this contract.

4.5. If the Principal has objections to the submitted report of the Agent, the Principal must inform the latter about them within [value] days from the date of receipt of the report. Otherwise, the report is considered accepted by the Principal.

5. Privacy

5.1. The Parties agreed to keep confidential any information received by one Party regarding the other in the course of the execution of this order. The confidentiality regime applies to the text of this agreement and its main terms, as well as to any other information that either Party identifies as confidential before or immediately after it is provided to the other Party.

5.2. The information recognized in accordance with this agreement as confidential cannot include information that is publicly available in accordance with the requirements of Russian legislation.

5.3. This obligation of confidentiality will survive until [insert as appropriate] after the expiration or termination of this agreement.

5.4. For violation of the confidentiality regime under this agreement, the Party that committed such a violation is obliged to compensate the other Party for the direct losses incurred in connection with this violation, as well as pay a fine in the amount of [value] rubles.

6. Liability of the parties

6.1. In case of non-fulfillment or improper fulfillment of their obligations under this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

6.2. The agent is liable in the amount of actual damage for the safety of documents, property and material assets received by him from the Principal or third parties in the process of execution of this agreement.

6.3. For violation of the terms of payment of remuneration, the Principal shall pay the Agent a penalty in the amount of [value] percent of the amount of the debt for each day of delay.

g. __________ "___" ________ ____ d. ____________________________________________________________, hereinafter referred to as __ (full name or full name, passport data) hereinafter "Customer", represented by ________________, acting ___ on the basis of _________________, on the one hand, and ____________________________________, ( Full name, passport data or full name) hereinafter referred to as __ "Contractor", represented by _____________________________, acting ___ on the basis of ______________________________, on the other hand, have concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to take certain actions to find buyers for the Customer's non-residential premises, as well as to carry out other actions in agreement with the Customer, corresponding to the parameters established by this Agreement, and the Customer undertakes to pay remuneration for the actions performed by the Contractor.

1.2. Sold parameters non-residential premises(hereinafter referred to as the Object):

Location ________________________________________________;

Functional purpose __________________________________________; (office, production room, warehouse)

Area _____________________________________________________;

Volume _______________________________________________________;

Engineering systems and communications ___________________________;

Transport accessibility ____________________________________;

Selling price from _________________ to ____________________________;

Terms of payment: _____________________________________________;

Requirements for the buyer: ____________________________________;

Possibility of mortgage: ________________________________________;

Presence of other persons in the Object at the time of sale: ___________;

Additional terms: _____________________________________.

1.3. Terms of services:

initial term _____________________;

deadline ______________________.

1.4. The Contractor guarantees the absence of contractual and other relations with persons that could influence the execution of this Agreement. The Contractor guarantees its independence and objectivity during the execution of this Agreement.

1.5. The Agreement is executed at the location of the Contractor (city ____________). If necessary, travel to other settlements The Customer pays for the travel and accommodation of the Contractor's representatives based on:

Tickets: _______________ or payment for vehicles ________________;

Accommodation (hotel): ________ rubles per day;

Meals: ________ rubles per day.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

2.1. Executor's Responsibilities:

2.1.1. Carries out selection of buyers for the Object for the Customer. Notifies the Customer about the most suitable of them.

2.1.2. Conducts an examination of the legal and other risks of the sale of the Object. Checks the accuracy of information about legal and individuals- parties to the transaction.

2.1.3. Prepares drafts of the Object sale agreement and other related documents.

2.1.4. Advises the Customer on the market conditions for the sale of non-residential real estate.

2.1.5. Carries out business contacts, negotiates with potential buyers of the Object.

2.1.6. In the interests of the Customer, monitors compliance with the conditions stipulated by the concluded agreements.

2.1.7. Provides protection of the interests of the Customer by clarifying the rights and obligations, as well as the legal consequences of transactions.

2.1.8. Represents the rights and legitimate interests of the Customer in the transaction.

2.1.9. Ensures the safety of documents received from the Customer for the preparation of the transaction. Does not disclose information obtained in the course of the transaction, except as otherwise provided by law.

2.1.10. If necessary, requests and receives from the authorities implementing state registration rights to real estate and transactions with it, and other bodies necessary information about the Object and the rights to it.

2.1.11. Organizes inspection by buyers of the Object.

2.1.12. Notifies the Customer, at his request, of all information on the progress of the execution of this Agreement and, if necessary, submits the relevant documents (copies of documents).

2.1.13. Carries out the state registration of the contract for the sale of the Object and the transfer of ownership.

2.1.14. Performs this Agreement on the most favorable terms for the Customer.

2.1.15. Submit a report on the actions taken ____________________ _____________________________________. (specify reporting period)

2.1.16. Within ______ days from the date of execution of this Agreement, submits to the Customer an act and an invoice.

Documents confirming the actions and expenses of the Contractor must be attached to the act.

2.2. The contractor has the right:

2.2.1. Demand and receive from the Customer all the documents necessary for the execution of this Agreement.

2.2.2. Make copies of any documents for use in order to fulfill obligations under this Agreement.

2.2.3. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.

2.3. The date of execution of this Agreement is the date of its state registration.

3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

3.1. Customer Responsibilities:

3.1.1. Provide the Contractor with the information and information necessary for the execution of this Agreement.

3.1.2. At the request of the Contractor, allow buyers to inspect the Object within the time period agreed with the Contractor.

3.1.3. Together with the Contractor, develop the terms of the contract for the sale of the Object.

3.1.4. Provide the Contractor with the necessary powers to execute this Agreement by issuing it with an appropriate power of attorney.

3.1.5. Accept from the Contractor protocols of negotiations, letters, certificates of work done and other materials.

3.1.6. Conduct negotiations with persons intending to purchase the Object only in the presence of the Contractor.

3.1.7. Timely notify the Contractor at least ______ before the time and place of negotiations on issues related to the sale of the Object.

3.1.8. During the term of this Agreement, do not enter into relations with third parties on the subject of this Agreement.

3.1.9. Consider the Contractor's act submitted in accordance with paragraphs. 2.1.16 of this Agreement, and draw it up or inform the Contractor about your objections to the act within ________ days from the date of its receipt. In the absence of objections from the Customer, within the period established by this paragraph, the act is considered to be executed.

3.1.10. Pay the Contractor the cost of services in the manner, terms and conditions established by paragraphs 4.1 - 4.3 of this Agreement.

3.1.11. Reimburse the Contractor for the expenses incurred by him related to the execution of this Agreement, in the amount, terms and conditions established by paragraphs 4.4, 4.5 of this Agreement.

3.2. The customer has the right:

3.2.1. Require the Contractor to provide information on the progress of the execution of the Agreement, copies of documents confirming the work carried out by the Contractor.

3.2.2. Request from the Contractor data on the negotiations held, drawn up by the relevant protocols.

3.2.3. To be present at all negotiations on the preparation of the contract for the sale of the Object.

3.2.4. Submit objections to the report of the Contractor on the actions performed by him.

4. PRICE AND PAYMENT PROCEDURE

4.1. The total cost of remuneration for the actions performed by the Contractor is _____ (__________) rubles, including VAT _____ (_________) rubles.

4.2. The Customer pays the remuneration in the following order: ________________________ (within _____ days after the Parties sign the act of acceptance of the actions performed by the Contractor / before the Contractor starts performing actions / part of the remuneration in the amount of ______ (__________) rubles The Customer pays before the start of the Contractor's actions (prepayment) , the remaining part of the remuneration in the amount of ______ (___________) rubles, the Customer pays within _____ days after the signing by the Parties of the act of acceptance of the actions performed by the Contractor).

4.3. All settlements under the Agreement are made in a cashless manner by payment orders according to the details specified in this Agreement.

4.4. In addition, the Customer shall reimburse the costs incurred by the Contractor:

On _________________________ in the amount of ________________________;

On ____________________________ in the amount of ________________________.

4.5. Expenses are reimbursed by the Customer in the terms and in the manner established by this Agreement for the payment of remuneration (clauses 4.2, 4.3 of this Agreement).

4.6. In case of impossibility of performance due to the fault of the Customer, the remuneration shall be paid in full.

4.7. In the event that the impossibility of performance arose due to circumstances for which none of the Parties is responsible, the Customer shall reimburse the Contractor for the expenses actually incurred by him.

5. RESPONSIBILITIES OF THE PARTIES

5.1. For violation of the deadlines for the performance of actions by the Contractor (clause 1.3 of this Agreement), the Customer has the right to require the Contractor to pay a penalty (penalty) in the amount of _____ percent of the cost of actions not performed on time for each day of delay.

5.2. For violation of the terms for payment of remuneration (clause 4.2 of this Agreement), the Contractor has the right to require the Customer to pay a penalty (penalty) in the amount of _____ percent of the unpaid amount for each day of delay.

5.3. The Party that has not fulfilled or improperly fulfilled its obligations under this Agreement is obliged to reimburse the other Party ____________________________ (losses in the full amount in excess of the penalties/damages provided for in this Agreement in the part not covered by the penalties provided for by this Agreement / only losses / only the penalties provided for by this Agreement).

5.4. In all other cases of non-fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

6. FORCE MAJOR

6.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: ______________________________________________________________. (civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters) 6.2. In the event of these circumstances, the Party is obliged to notify the other Party within _____ days. 6.3. Document issued by ________________________________________________, (Chamber of Commerce and Industry, authorized government agency etc.) is sufficient confirmation of the existence and duration of force majeure circumstances.

6.4. If force majeure circumstances continue to operate for more than _____, then each Party has the right to terminate this Agreement unilaterally.

7. TERM, AMENDMENT AND EARLY TERMINATION OF THE AGREEMENT

7.1. This Agreement is valid for _____ from the date of its conclusion.

7.2. All changes and additions to this Agreement are valid if made in writing and signed by both Parties. The relevant additional agreements of the Parties are an integral part of the Agreement.

7.3. This Agreement may be terminated early by agreement of the Parties or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.

8. DISPUTES RESOLUTION

8.1. The Parties will strive to resolve all possible disputes and disagreements that may arise under this Agreement or in connection with it, through negotiations.

8.2. Disputes not settled through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.

9. FINAL PROVISIONS

9.1. This Agreement shall enter into force upon its signing by the Parties.

9.2. This Agreement is made in two copies, one for each of the Parties.

9.3. Attached to this Agreement are:

Act of rendered services (Appendix N 1).

Executor's report.

Power of attorney to represent the interests of the Customer by the Contractor.

9.4. Details and signatures:

Customer Contractor Full name (or Name): _________ Full name (or Name): _______ Address: _____________________________ Address: ___________________________ (OGRN _____________________________) (OGRN ___________________________) TIN ________________________________ TIN ______________________________ (KPP ______________________________) (KPP ____________________________) R/s ________________________________ R/s ______________________________ in _________________________________ in ________________________________ K/s ________________________________ K/ with ______________________________ BIC ________________________________ BIC ______________________________ Customer Contractor ____________________ (__________) ___________________ (_________) (M.P.) (M.P.)

for the sale of a real estate object (with the granting to the agent of the exclusive right to search for buyers and with the provision of consulting and marketing services by the agent) in a person acting on the basis of, hereinafter referred to as " Principal”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Agent”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Principal instructs, and the Agent assumes the obligation, for a fee, to perform on behalf and at the expense of the Principal a set of legal and factual actions aimed at selling the property owned by the Principal - located at: (hereinafter referred to as the "Object"). The object is subject to sale with all inseparable improvements and equipment (sanitary, thermal and other equipment, communications). The characteristics of the object are indicated by the Parties in Appendix No. 1 to this Agreement. Ownership of the object is confirmed.

1.2. Under this Agreement, the Principal grants the Agent the exclusive right to search for a buyer (buyers) and sell the specified object.

1.3. The object is subject to sale at a price not lower than rubles. The price of the object may be reduced in comparison with the price specified in this paragraph, only with the written consent of the Principal.

1.4. The Agent guarantees the absence of contractual and other relations with persons that could influence the execution of this Agreement. The Agent guarantees its independence and objectivity in the course of execution of this Agreement.

1.5. The rights and obligations under the transaction made by the Agent pursuant to this Agreement arise directly from the Principal.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The agent undertakes:

2.1.1. Conduct a legal examination of documents certifying the Principal's ownership of the object.

2.1.2. Together with the Principal, develop the terms of the contract for the sale of the object, the form and procedure for payments, as well as a package of promotional materials for the sale of the object.

2.1.3. Carry out marketing research to determine the range of potential buyers. The results of the research are presented to the Principal in the form of a report.

2.1.4. Search for a person interested in acquiring the Principal's object.

2.1.5. Conduct preliminary negotiations with potential buyers.

2.1.6. Arrange meetings of prospective buyers with the Principal.

2.1.7. Together with the Principal, prepare the documents necessary for concluding a contract for the sale of an object.

2.1.8. Attend negotiations and meetings with all potential buyers.

2.1.9. Report to the Principal, at his request, all information on the progress of the execution of this Agreement and, if necessary, submit the relevant documents (copies of documents).

2.1.10. Transfer to potential buyers written information about the object only if this information is provided by the Principal or obtained from official sources.

2.1.11. Pay at your own expense for the services of specialists and organizations engaged by the Agent in order to fulfill its obligations under this Agreement.

2.1.12. Represent the interests of the Principal in relations with third parties related to the execution of this Agreement, including in authorized bodies, on the basis of a power of attorney issued by the Principal.

2.1.13. Advise the Principal on the legal regulation of property rights to real estate, as well as on investment activities.

2.1.14. Inform the Principal about the current prices for similar real estate objects located in the territory, based on data on concluded transactions for the sale of these objects.

2.1.15. On the terms agreed with the Principal, and at the expense of the Principal, involve builders, appraisers and other specialists in order to prepare the necessary documentation for the facility, as well as to form promotional materials and implement the facility.

2.1.16. Execute the Principal's order under this Agreement on the most favorable terms for him.

2.1.17. Within days from the date of execution of the order under this Agreement (clause 2.10 of this Agreement), submit to the Principal a report on the execution of the order. Documents confirming the Agent's expenses incurred by him in accordance with clause 3.5 of this Agreement must be attached to the report.

2.2. The agent has the right:

2.2.1. Demand and receive from the Principal all the necessary documents, including plans, projects, calculations, expert opinions related to the facility.

2.2.2. Demand and receive from the Principal any documents of title to the object.

2.2.3. Make copies of any documents for use in order to fulfill obligations under this Agreement.

2.2.4. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.

2.3. The principal undertakes:

2.3.1. Provide the Agent with all the information and documents he has that are necessary to search for buyers and conclude a contract for the sale of the object.

2.3.2. Provide the Agent with documents confirming the Principal's rights to the object.

2.3.3. Together with the Agent, develop the terms of the contract for the sale of the object, the form and procedure for payments, as well as a package of promotional materials for the sale of the object.

2.3.4. Provide the Agent with the necessary powers to execute this Agreement by issuing it with an appropriate power of attorney.

2.3.5. Accept protocols of negotiations, letters, certificates of work done and other materials from the Agent.

2.3.6. Negotiate with prospective buyers or their representatives only in the presence of the Agent.

2.3.7. Notify the Agent at least in time about the time and place of negotiations on issues related to the sale of the object.

2.3.8. During the term of this Agreement, do not enter into relations with third parties on the subject of this Agreement.

2.3.9. Familiarize yourself with the Agent's report submitted in accordance with clause 2.1.17 of this Agreement and approve it or inform the Agent of your objections to the report within days from the date of its receipt. In the absence of objections from the Principal, the Agent's report shall be considered accepted within the period specified in this paragraph.

2.3.10. Pay the Agent remuneration in the manner, terms and conditions established by this Agreement.

2.3.11. Reimburse the Agent for the expenses incurred by him related to the execution of this Agreement in the amount, terms and on the terms established by this Agreement.

2.3.12. Send all potential buyers and their representatives who have applied to him directly to the Agent.

2.4. The Principal guarantees that at the time of the conclusion of this Agreement, the object is not a subject of pledge, is not put into a long-term (for a period of more than one year) lease, is not transferred to free use to third parties, it has not been levied for any reason, and no claims have been filed against the object from third parties and authorized state bodies.

2.5. The Principal guarantees that at the time of the conclusion of this Agreement there are no contracts and other agreements on the sale, donation or alienation of the object for other reasons, on the transfer of the object for rent, for free use.

2.6. In case of foreclosure on the object, the Principal is obliged to immediately inform the Agent about it.

2.7. The Principal undertakes during the term of this Agreement not to pledge the object, not to lease it, not to provide it for gratuitous use, and also not to sell it, not to give it as a gift or otherwise alienate it without notifying the Agent.

2.8. The principal has the right:

2.8.1. Require the Agent to provide information and reports on the progress of the implementation of the Agreement, copies of documents confirming the work carried out by the Agent.

2.8.2. Request from the Agent information about potential buyers and information about the negotiations held, drawn up in the relevant protocols.

2.8.3. Be present at all negotiations with potential buyers on the preparation of a sales contract.

2.9. The obligations of the Agent to the Principal are considered fulfilled in the following cases:

• if the Principal has signed a contract for the sale of an object with a buyer (a citizen or legal entity) submitted by the Agent;
• if the Principal has signed a contract for the sale of an object with a person or organization that is the participants (founders), shareholders of the organization presented by the Agent to the Principal as a potential buyer;
• if the Principal has signed a contract for the sale of an object with an organization, founder (participant), whose shareholder is at least one of the leaders of the organization presented by the Agent as a possible buyer;
• if the Principal has signed a sale and purchase agreement with an organization in which at least one of the founders (participants), shareholders or one of the managers is at least one of the founders (participants), shareholders or one of the leaders of the organization presented by the Agent to the Principal as a possible buyer .

The obligations of the Agent are considered fulfilled if the sales contract is signed with the persons specified in this clause during the term of this Agreement, as well as during the period after the expiration of this Agreement.

2.10. The date of execution of the order under this Agreement is the date of signing the contract for the sale of the object between the Principal and a third party.

3. AGENT REMUNERATION. AGENT REFUND

3.1. The agency fee is % of the purchase price of the object.

3.2. The agency fee established by clause 3.1 of this Agreement shall be paid by the Principal within days from the date of approval of the Agent's report by the Principal.

3.3. Payment of the agency fee is made by transferring funds by the Principal to the settlement account of the Agent.

3.4. The day of payment is the day of receipt of funds to the account of the Agent.

3.5. The Principal reimburses the expenses incurred by the Agent:

• in the amount of rubles;
• in the amount of rubles;

3.6. Expenses are reimbursed by the Principal in the terms and in the manner established by this Agreement for the payment of remuneration.

4. TERM OF THE CONTRACT. RESPONSIBILITIES OF THE PARTIES

4.1. This Agreement shall enter into force from the date of its signing by the Parties.

4.2. The Agreement terminates in cases established by the current legislation of the Russian Federation.

4.3. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

5. OTHER TERMS

5.1. All disagreements arising in the process of execution of this Agreement will, if possible, be resolved through negotiations.

5.2. If the Parties do not come to an agreement on controversial issues, the disputes will be referred to the court in the manner prescribed by the current legislation of the Russian Federation.

5.3. In all other respects not provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.

5.4. This Agreement is concluded in two copies, one for each of the Parties.

6. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Principal

Agent Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC: