You, as the Client, enter into an agreement with Légyotthon.hu Real Estate Agency (operator: THIBAN Bt, registered office: 2490 Pusztaszabolcs, Béke u. 41/1., tax number: 32546109-1-07), hereinafter referred to as the Agent, under the following contractual terms and conditions.
1. Declarations of the Client
The Client declares that they are the owner of the real estate property which is the subject of this agency agreement (hereinafter referred to as the “Property”). The Client further declares that they have obtained all necessary consents related to the sale of the Property from any other persons entitled to dispose of it (e.g. co-owners, usufructuaries). The Client undertakes to provide the Agent with the written declarations containing such consents within 3 days from the signing of this agreement.
The Client acknowledges that if the contract mediated by the Agent does not come into existence or is not completed because any co-owner or usufructuary refuses to consent to the transaction, this shall not affect the success of the mediation, and the Agent’s full commission shall become due and payable.
2. Subject of the Agency Agreement
The Client hereby authorizes the Agent to act as a real estate intermediary for the purpose of selling or otherwise utilizing the Property. The Agent is entitled to present the Property to all interested parties (buyers, offerors, tenants), to provide them with information regarding the Property, and to conduct negotiations between the parties for the purpose of concluding a contract.
Based on this authorization, the Agent is also entitled to advertise the Property on various advertising platforms without displaying its exact address.
3. Offeror
An Offeror shall mean any natural person, legal entity, or organization without legal personality who becomes aware of the marketability of the Property in connection with the activities of the Agent.
For the purpose of identifying the Offerors, any person who obtains access to the Property’s data shall be required to sign a declaration upon receiving such information.
4. General Provisions
4.1. The Client undertakes to immediately inform the Agent of any information that affects the rights and obligations of the Agent arising from this agreement. The Client shall ensure that the Agent is present at any negotiation held with an offeror introduced by the Agent.
4.2. The Client undertakes that if the Agent is not present at the conclusion of a contract with an offeror introduced by the Agent, the Client shall inform the Agent of the conclusion of the contract and its exact content within 3 days. The Agent shall be bound by confidentiality with respect to all data and information provided by the Client.
4.3. The Client undertakes to notify the Agent within 3 days of any change that may affect the marketability of the Property.
4.4. The Agent is obliged to keep the Client informed about the activities carried out under this agreement.
5. Services Provided by the Agent
In exchange for the agency fee, the Agent shall provide the following services:
» presenting the Property to interested clients;
» taking photographs of the Property;
» advertising the Property on online platforms;
» providing information to potential buyers regarding the Property;
» coordinating property viewings;
» assisting in price negotiations;
» providing support in the preparation of the sale and purchase agreement.
6. Price of the Property and Basis of the Agency Fee
6.1. The indicative price specified by the Client in this agreement serves as a reference only; the basis for calculating the agency fee shall be the final purchase price agreed upon between the parties.
If the Agent was not present at the conclusion of the contract with an offeror introduced by the Agent, and the Client fails to fulfill the obligation set out in Clause 4.2 of this agreement, the indicative price shall serve as the basis for determining the agency fee.
In the case of an exchange agreement, the agency fee shall be based on the price stated in the exchange contract, or in the absence thereof, the indicative price.
6.2. The Client undertakes not to advertise the Property, or have it advertised by others, at a price lower than the indicative price. Any modification of the indicative price must be communicated to the Agent in writing within 3 days.
If the Property is advertised at a price lower than the indicative price specified in this agreement and the Agent is not notified of this in writing, the Client shall ensure that the lowest advertised price is also made available to the prospective buyers introduced by the Agent.
7. Due Date of the Agency Fee
7.1. Upon the successful performance of the agency, the Agent shall be entitled to the agency fee specified in this agreement.
7.2. The full agency fee shall become due and payable upon the payment of the first installment of the purchase price (such as deposit, advance payment, option fee, or lease fee) as specified in the contract aimed at the transfer or acquisition of ownership or other rights to the Property (including a preliminary contract or lease agreement), against the Agent’s invoice.
If the Client, despite the successful mediation, refuses to pay the agency fee or fails to do so within 30 days, the Client shall be obliged to pay the Agent a non-performance penalty equal to 120% (one hundred and twenty percent) of the agency fee amount.
8. Term of the Agreement
The Parties enter into this agreement for a fixed term.
9. Successful Performance
Successful performance shall be deemed to have occurred if, during the term of this agreement, a contract is concluded between the Client and an offeror introduced by the Agent for the transfer of ownership or the acquisition of any other right in exchange for consideration (including a preliminary contract or a lease agreement).
Successful performance shall also be deemed to have occurred if the Client refuses to accept a written purchase offer made at the price specified in this agreement.
10. Termination of the Agency Agreement
10.1. This agreement shall automatically terminate upon the completion of its performance or upon the expiry of its term. The Parties may extend the agreement after mutual consultation.
10.2. This agreement shall also terminate if the Property that is the subject of this agreement is sold by the Client or by a third party, or if any other intended contract concerning the Property is concluded.
10.4. Either Party shall be entitled to terminate this agreement with immediate effect (extraordinary termination) by sending a written notice including justification to the other Party, if the other Party commits a serious breach of any material provision of this agreement. In the event that the breach is committed by the Client, the Agent shall be entitled to the full amount of the success fee.
10.5. The termination of this agreement shall not affect the Agent’s right to subsequent settlement and/or any potential claim for penalties.
11. Miscellaneous Provisions
11.1. The Parties agree that any amendment to this agreement shall only be valid if made in writing.
11.2. The Parties stipulate that any legal dispute arising from this agreement which cannot be resolved amicably shall fall under the exclusive jurisdiction of the court competent for the location of the Property that is the subject of this agreement.
11.3. Any matters not regulated in this agreement shall be governed by the relevant provisions of the applicable laws in force, in particular the provisions of the Hungarian Civil Code relating to agency contracts.
11.4. The Agent shall not be liable for the accuracy of the data provided in this agreement. Any damage arising from the provision of false or inaccurate information shall be borne solely by the Client.