CONTRACT FOR THE PROVISION OF BROKERAGE SERVICES FOR REAL ESTATE INTENDED FOR A HOME BROUGHT TOGETHER BY PACIFICA ELITE REALTY, SA DE CV, DOING BUSINESS AS “CENTURY 21 RIVIERA REALTY” , LEGALLY REPRESENTED BY BARRY JOHN EWERT , WHO WILL HEREINAFTER BE REFERRED TO AS “THE INTERMEDIARY”, AND ________________________________ , WHO WILL HEREINAFTER BE REFERRED TO AS “THE SELLER”, SUBJECT TO THE FOLLOWING:
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STATEMENTS |
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“THE INTERMEDIARY” declares that: a) It is a legal entity duly constituted under Mexican laws, as stated in public deed number 55,827, dated July 27, 2023 granted before public notary number 8, MARIANNE OLLIVIER MORAN of Mexico City, whose corporate purpose is, among others, the provision of intermediation services, legally represented by BARRY JOHN EWERT b) Its legal representative has the necessary powers to enter into this agreement, which have not been revoked as evidenced by public deed number 55,827, dated July 27, 2023, granted before public notary number 10, MARIANNE OLLIVIER MORAN of Nuevo Vallarta, State of Nayarit. c) The legal representative, BARRY JOHN EWERT, belongs to the Mexican Association of Real Estate Professionals (AMPI), COMPOSTELA Section with membership number d) Your Federal Taxpayer Registry is PER230724838 e) Its address is located at PLAZA CARACOL LOCAL 7C, FRANCISCO MEDINA ASCENCIO, LAS GLORIAS, PUERTO VALLARTA, JALISCO CP 48333 and its email is info@century21rivierarealty.com which it also indicates as channels of attention for complaints and suggestions.
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“THE SELLER” declares that: a) It is a legal entity of _______________________ nationality duly constituted under the laws of ____________________, as stated in public deed number _____, dated ____________________________ granted before public notary number __________, licensed ___________________ of ______________________, State of ________________, Mexico.
A1. It is a legal entity of ____________________ nationality incorporated on _____________________¸in ____________________, State, ________________(Country) ____________________________, as stated in _________________________________ (in the case of a foreign legal entity). Your legal representative has the necessary powers to enter into this agreement, which have not been revoked as evidenced by public deed number _____, dated ______________________ granted before notary public number ______, licensed ___________________________________ of _______________________, State of ____________________________. Or, through _____________________________ (in the case of a foreign legal entity) (Statements in case “THE SELLER” is a natural person and delete the previous statements) a) It is a natural person who proves his/her identity through _________________________________________ (indicate official identification data)
b) Is the legitimate owner; or holder of the corresponding trust rights; or has sufficient and current legal authority to carry out the transfer of ownership or transmission of the trust rights of the real estate identified as ____________________, located at ___________________________________________________________________________________________________ (street, number, interior, city, postal code, State), Mexico, hereinafter the “PROPERTY”, as stated in the public deed ____________, dated _______________ before Notary Public ________________, of _____________________________. c) The “PROPERTY” has a total area of approximately ______________________________________ (specify land and/or construction), with property tax account ___________________________ and cadastral code _______________________________, with the characteristics described in “Annex A Legal Description of the Deed/Specifications of the PROPERTY” . d) The “PROPERTY” ____ (specify YES or NO) has liens __________________________________ (type of lien). If there are any, they must be cancelled at the time of signing the corresponding deed. e) THE “PROPERTY” is up to date with the payment of property tax, water, electricity or any other contribution or right under its charge (Otherwise, indicate debt ___________________). f) You have the Federal Taxpayers Registry key _____________________________ (if you have one) g) Your address is located at _________________________________________________________________, and your email address is _______________________________. h) The “PROPERTY” was acquired with resources of legal origin and its acquisition complied with the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin and other legal provisions. i) It has the corresponding CFDI, in order to verify its acquisition cost. (For properties acquired after January 1, 2014). j) You have been informed by “THE INTERMEDIARY” of the various expenses and taxes involved in the purchase and sale operation or transfer of trust rights of the “PROPERTY”. k) “THE INTERMEDIARY” has recommended that you consult the opinion of third-party professionals in tax, legal or other matters related to the present and future sale or transfer of trust rights of the “PROPERTY”. l) “THE INTERMEDIARY” has made available to you the documentation that proves its existence and legal personality. m) It has a _____ construction license; structural, architectural and installation plans _______; or, failing that, a report on the structural conditions of the “PROPERTY” _____. (Fill in the spaces with yes or no). n) The “PROPERTY” is subject to the condominium property regime as evidenced by public deed number _____, dated ________________________________ granted before public notary number ______, licensed ____________________________________________ of ______________________, State of _______________________. ( Delete if not applicable )
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The “PARTIES” declare that: a) They have the legal and economic capacity necessary to enter into contracts under the terms of this Agreement. b) They are not aware of third parties with a better right that could prevent or undermine their capacity. c) Understand the content and legal scope of this document, and agree to be bound by the following terms:
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CLÁUSULAS |
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FIRST. Object. THE “INTERMEDIARY” undertakes to provide real estate brokerage services, consisting of promoting, marketing, negotiating, guiding and advising “THE SELLER” regarding the sale or transfer of trust rights of the “PROPERTY” as well as supporting the corresponding procedures.
In the case of additional, special or related professional services, these will be detailed in “Annex D – List of additional, special or related services” (If applicable) .
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SECOND. Price and Conditions. The “PROPERTY” will be promoted in the amount of $__________________________________ pesos; or $ _____________________________________________ US dollars and, in the case of a sale agreed in foreign currency, payments will be made in its equivalent in national currency at the exchange rate on the payment date agreed with the future purchaser. Payment method: A single payment by bank transfer _______________________; or by financing _________________________________ in the following general terms: __________________________.
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THIRD. Payment for services rendered, hereinafter “Commission”. “THE SELLER” agrees to pay as Commission: A) The __________ % (_____________ percent), plus Value Added Tax (“VAT”) on the sale price that “THE SELLER” accepts or, where applicable, on the price established in the Second Clause above, as a result of the services provided by “THE INTERMEDIARY”. The Commission will be paid on the same date that “THE SELLER” formally transfers ownership of the “PROPERTY” or the trust rights and in the same currency in which “THE SELLER” receives the payment. A1) In the event that financing exists, “THE SELLER” agrees to cover 100% (one hundred percent) of the agreed Commission, at the time of receiving from the corresponding financing a minimum of ________% (______________ percent) of the agreed price for the transfer of the “PROPERTY”, even if the deed has not been formalized before a Notary Public. B) In the event of an exchange for another property, “THE SELLER” agrees that “THE INTERMEDIARY” represents both parties, since these would be two different operations and that the latter may receive a mediation commission from both owners; informing the owner of the other property of this fact. In this case, “THE SELLER” will pay “THE INTERMEDIARY”, upon formalizing the exchange, the Commission of Section “A”, regardless of the percentage paid by the other owner. C) In the event that during the term of this contract or any extension thereof agreed between the Parties, a preparatory contract of sale is carried out between “THE SELLER” and a prospective buyer, with a security deposit by the latter and the final transaction is not carried out for reasons attributable to the prospective buyer, “THE INTERMEDIARY” shall be entitled to collect half of the Commission stipulated in Section “A” of this clause plus the corresponding VAT. Said Commission shall be charged at the time said deposit is released to “THE SELLER”. In the event that “THE SELLER” incurs a delay in the payment of the Commission agreed in this clause, it will cause a late payment interest of ______% (____________ percent) per month, until full payment thereof. The agreed Commission must be paid into the following bank account: __________________________________________ “THE INTERMEDIARY” must provide an invoice, receipt or voucher to “THE SELLER” indicating the concept for the services provided.
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FOURTH. Expenses. “THE SELLER” agrees to pay promptly, in addition to and independently of the provisions of Clause THIRD hereof, any expenses generated by additional services or advertising that “THE SELLER” requests from “THE INTERMEDIARY” and which they have previously agreed upon in writing.
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FIFTH. Obligations of “THE INTERMEDIARY” and Rights of “THE SELLER”. a) Provide a professional opinion regarding the approximate market value of the PROPERTY based on an analysis of its characteristics, location, improvements, installed services, urban environment, etc. Said opinion will not be binding. b) Guide and advise “THE SELLER” regarding the negotiation, procedures and documentation for the transfer of the “PROPERTY”. c) Use their knowledge, experience and strategy to obtain potential prospects interested in acquiring the “PROPERTY”. d) Promote, advertise, disseminate and publicize the “PROPERTY” in a truthful and verifiable manner on behalf of “THE SELLER”, through all digital or printed means of dissemination that it considers appropriate. e) Promote the “PROPERTY” in the Multiple Listing System known as FLEX MLS shared by the AMPI Vallarta, Riviera Nayarita and Compostela Sections; provided that the requirements established by the corresponding Committee for the inclusion of the “PROPERTY” in said system are met. Also, to use the C21 Online marketing system and any other platform that the agent considers appropriate. f) With prior authorization from “THE SELLER”, install a “FOR SALE” sign on the “PROPERTY” in accordance with current regulations. g) Negotiate and carry out intermediation work with potential buyers and try to obtain the best offer for “THE SELLER”, in order to achieve the sale of the “PROPERTY”. h) Inform and deliver to “THE SELLER” in the same order in which they are received, all written offers presented regarding the “PROPERTY” and send the written response of “THE SELLER” to the prospective buyer through the real estate INTERMEDIARY who represents him or directly, as the case may be. “THE INTERMEDIARY” will under no circumstances disclose the price or conditions of other offers received. i) Inform “THE SELLER” of the channels of attention and complaints available in relation to the provision of services described in the First Clause. j) Inform “THE SELLER” of “Annex C Privacy Notice” hereof and protect the information and/or personal data of “THE SELLER”. k) When the “PROPERTY” is shown or inspections are carried out, preserve its integrity; as well as the goods found within it. However, it will be the responsibility of “THE SELLER” to safeguard any valuable personal objects or sensitive documents that may be in the “PROPERTY”.
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SIXTH. Obligations of “THE SELLER”. A) Documentation and Information of the “PROPERTY”. “THE SELLER” is obliged to exhibit originals and deliver copies of all documents listed in Annex E; as well as all other data that “THE INTERMEDIARY”, an assistant or an authorized third party requires and that is necessary for the fulfillment of the purpose of this Contract. A1) In the event of having lien(s), “THE SELLER” must settle the same(s) before formalizing the transfer of the “PROPERTY”; if this is not possible, the same(s) will be cancelled no later than the date of signing of the deed. Therefore, “THE SELLER” must obtain the document(s) required for the cancellation of the corresponding lien(s) and, if necessary, authorize that part of the funds from the sale price be used to pay said lien(s). A2) Inform “THE INTERMEDIARY” about the current status of the “PROPERTY”; as well as its services, facilities, structural conditions and any repairs or arrangements necessary for the use and purpose of the “PROPERTY” in terms of “Annex A ”. “THE SELLER” shall be responsible for ensuring that all data and documentation provided to “THE INTERMEDIARY” in this Contract and its Annexes are true and up to date; and shall immediately report any changes that may arise. B) Grant and guarantee access to “THE INTERMEDIARY” or his assistants in order to show the “PROPERTY” to prospective buyers; or those INTERMEDIARY or assistants that “THE INTERMEDIARY” requests for the purpose of fulfilling the provision of the INTERMEDIARY service and that has been requested ______________ hours in advance. C) Maintain material and legal possession of the “PROPERTY” and ensure that said property is not affected by any debt, lien, credit, legal act, etc. D) Maintain and preserve the “PROPERTY” in its current structural, service and hydraulic, electrical, etc. installation conditions; and may carry out any improvements it deems appropriate.
E) Maintain the “PROPERTY” in clean, hygienic and safe conditions. F) Ensure that the “PROPERTY” is uninhabited at the time of delivery to the respective buyer. G) Pay and/or be up to date with the payment of services, property tax; payments of fees, contributions, trustee fees (if applicable), maintenance fees and/or Colonists Association fees (if applicable) etc. regarding the “PROPERTY”. H) Provide a written response within their term of validity to all formal offers sent to you by “THE INTERMEDIARY”, including those you reject. I) By formalizing the purchase and sale transaction or transfer of trust rights of the “PROPERTY” (as the case may be), “THE SELLER” is obligated to make the firm payment of the Income Tax corresponding to the transaction; payment of the Liquidation of Employees before Conciliation and Arbitration; of Trustee Fees and notification to the National Registry of Foreign Investment (“RNIE”), in the case of trusts; ordinary or extraordinary maintenance fees and/or of the Colonists Association (if applicable) and obtain in a timely manner the corresponding Letter(s) of No Debt; as well as being up to date and obtaining the certificate of No Debt of the municipal water service and rights of use of Federal Zone(s), if applicable.
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SEVENTH. Accuracy of information. “THE SELLER” is solely responsible for the accuracy of the information and documentation provided to “THE INTERMEDIARY” in relation to the “PROPERTY”; therefore, in the event that it is incorrect, there is a material fact that affects the “PROPERTY” or any known repair or defect that “THE SELLER” has failed to declare, the latter shall be liable for any claim, dispute, litigation or controversy that may arise for such reason, obligating itself to hold “THE INTERMEDIARY” harmless from the foregoing.
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EIGHTH. Promotional material and its use.- For promotional purposes for the sale of the “PROPERTY”, it will be necessary to share data, photographs, images, videos, virtual tours and similar items of the interior and exterior of the “PROPERTY” with prospective buyers, collaborating real estate agents, websites and members of real estate exchanges. Images captured by third parties may be subject to certain copyrights, so control of their dissemination by “THE INTERMEDIARY” may be limited or non-existent. “THE SELLER” authorizes “THE INTERMEDIARY” to use data, videos, virtual tours, photographs and interior and exterior images of the “PROPERTY” on internet sites and advertising media that “THE INTERMEDIARY” considers appropriate for the sale of the “PROPERTY”. However, all digital or printed material contracted and paid for by “THE INTERMEDIARY” for the promotion of the “PROPERTY” will be the property of “THE INTERMEDIARY” and may only be used by third parties with prior written authorization from the latter.
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NINTH. Personal data and its processing. The personal data of “THE SELLER”, as well as those related to the promotion and sale of the “PROPERTY”, collected by “THE INTERMEDIARY”, its assistants or authorized third parties will be used to fulfill the purposes of this contract and the generation of databases for the purposes of statistical information and market analysis such as those of the Vallarta-Nayarit Flex MLS Multiple Listing System , for which reason “THE SELLER” authorizes “THE INTERMEDIARY” to record the value of the transaction, the date of the deed and the characteristics of the PROPERTY for such statistical purposes. “THE INTERMEDIARY” will maintain confidentiality regarding the same in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties. The delivery, sending of documentation and/or the sharing of information or personal data of you or the “PROPERTY” by “THE SELLER” implies the consent by the same for the collection, storage and disclosure of the same, as well as its compliance with the Privacy Notice displayed on the website called www.century21rivierarealty.com Annex C, which “THE SELLER” had in view when signing this Contract.
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TENTH. Bank account. “THE SELLER” is informed that for the future sale operation regarding the “PROPERTY” it will be necessary to have a bank account in which the future buyer can make the payment of the price, advances or down payment.
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ELEVENTH. Conditional Deposit Accounts. “THE SELLER” agrees that for the security deposit or the total payment of the agreed consideration, the services of a third party will be used as a depositary of said funds, which may be a Fiduciary Institution or a legal entity dedicated to the safekeeping and administration of conditional guarantees and under no circumstances in the account of “THE INTERMEDIARY”.
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TWELFTH. Exclusivity. “THE SELLER” may not hire real estate brokerage services to carry out the sale of the “PROPERTY” with a third party during the term of this Contract; therefore, “THE SELLER” undertakes not to enter into another contract or other type of legal act of a similar nature.
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THIRTEENTH. Validity. This Agreement shall have a duration of _______ days/months beginning on the ______________ day of the month of _______________ of _________________ and ending on the _______ day of the month of ____________ of _______. The Parties may extend the aforementioned term, provided that the consent of both parties is expressed in writing. If during the term of this Contract “THE INTERMEDIARY” presents an offer to “THE SELLER” and the latter accepts it; but, the date of the deed is set to be carried out outside the term of validity of this contract, said term will be extended, as well as all the terms of this Contract, which will remain in force until the date of the deed. Once the term of the Contract has expired or once any extension previously agreed by the parties in writing has been exhausted, “THE INTERMEDIARY” will provide “THE SELLER” with a list of prospective buyers who have been shown the “PROPERTY”, which will imply an extension of 90 ninety calendar days with respect to this Contract in relation to said clients. If during said period “THE SELLER” accepts an offer from any of the clients on said list, “THE SELLER” is obliged to pay “THE INTERMEDIARY” the Commission indicated in Clause Two of this Contract as soon as the corresponding transfer of the “PROPERTY” is carried out. However, if “THE SELLER” has contracted the real estate brokerage service with another INTERMEDIARY, any offer from the clients listed on said list will be presented by the real estate INTERMEDIARY representing the buyer through the new INTERMEDIARY contracted. In this case, it will be up to both INTERMEDIARIES to agree on the distribution of their commission. Once the period of said extension has elapsed without an accepted offer from a client on said list, this contract will be terminated.
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FOURTEENTH. Revocation. “THE SELLER” has a period of 5 (five) business days after signing this Contract to revoke its consent without any liability on its part, by written notice to “THE INTERMEDIARY”, provided that it has delivered amounts on account to “THE PROFESSIONAL” for the provision of these services. Upon revocation, “THE INTERMEDIARY” is obliged to return to “THE SELLER”, within a period of no more than 15 business days from the date “THE SELLER” notifies said cancellation, any amount that the latter has delivered to “THE INTERMEDIARY” in relation to this Contract, provided that said amount has not been used for the purpose of executing any action related to the fulfillment of this Contract, and, if any action has been executed without prior payment on the part of “THE SELLER”, then the latter must return said amount to “THE INTERMEDIARY”. Likewise, “THE INTERMEDIARY” will return to “THE SELLER” all the original documentation delivered by the latter and will eliminate everything related to the promotion and/or listing of the “PROPERTY”; except in those cases of networks or digital media, press or magazines that are already in circulation and their removal is not feasible because they do not depend on “THE INTERMEDIARY”.
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FIFTEENTH. Rescission and Cancellation. The Parties agree that this Agreement may be terminated without the need for a court order for breach of any of the obligations agreed herein. Likewise, they are grounds for termination and therefore will entitle the Intermediary to receive _____________% (_______________ percent), plus VAT on the price established in Clause Two when during the term of this contract: A1) “THE SELLER” rejects a legitimate offer, within its term of validity, which is for the same price and conditions as those established in CLAUSE TWO, and which has been presented to it in a timely manner by “THE INTERMEDIARY”; unless “THE SELLER” has accepted another previous offer also presented through “THE INTERMEDIARY”, even under different conditions and price. A2) “THE SELLER” prevents during the term of this contract the marketing or presentation of the “PROPERTY” to prospective buyers because the “PROPERTY” cannot be shown during business hours with the agreed advance notice. A3) “THE SELLER” sells the “PROPERTY” itself or through the intermediation of third parties; withdraws it from the market; loses material or legal possession; transfers it; donates or leases it without the express knowledge and acceptance of “THE INTERMEDIARY”. A4) If “THE SELLER” decides not to continue with the sale of the “PROPERTY” once he has expressly accepted an offer or signed a preparatory contract, he must pay “THE INTERMEDIARY” the same percentage of the Second Clause on the price agreed in said offer or preparatory contract. “THE SELLER” must pay “THE INTERMEDIARY” the amount established in the assumptions of these Sections within a period of 5 (five) calendar days from the date on which they are updated.
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SIXTEENTH. Conventional Penalty. In the event of non-compliance with any of the obligations stipulated in this contract, “THE INTERMEDIARY” is obliged to pay “THE SELLER” a conventional penalty equivalent to ______________% (______________ percent) of the amount established in Clause Three, and will also return the original documentation received.
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SEVENTEENTH. Death of “THE SALESMAN”. In the event of the death of “THE SELLER” before the termination of this contract, it is presumed that his/her legitimate successor(s) will succeed him/her in all rights and obligations arising from this contract, unless he/she/they express in writing to “THE INTERMEDIARY” his/her desire not to continue with the intermediation.
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EIGHTEENTH. Address for notifications. For any judicial or extrajudicial notification, request, authorization, waiver, notices and other communications made regarding the terms and conditions of this contract, the Parties agree that these must be made in writing to the addresses indicated. Notwithstanding the foregoing, the Parties agree to acknowledge notifications by digital and/or electronic means provided that there is proof of receipt by the receiving Party. The Parties point out the following data: a) “THE SELLER”:
Home: Email: Telephone: Contact: b) “THE INTERMEDIARY”:
Address: Plaza Caracol, Second Section, Local 7C Francisco Medina Ascencio Avenue, Las Glorias, 48333 Puerto Vallarta, Jalisco Email: info@century21rivierarealty.com Telephone: 322 688 1522 Contact:
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NINETEENTH. Administrative Jurisdiction of the Federal Consumer Protection Agency (“PROFECO”). In the event of any dispute arising regarding the interpretation or compliance with this Contract, “THE SELLER” may turn to PROFECO, which has functions of administrative authority responsible for promoting and protecting the rights and interests of consumers and ensuring equity and legal certainty in consumer relations, within its area of competence.
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TWENTIETH. Jurisdiction of the judicial authorities. In the event of any dispute arising regarding the interpretation or compliance with this Agreement, the parties submit to the competent jurisdictional authorities of Jalisco/Nayarit (place in which the designated Mexican authorities have territorial jurisdiction), expressly waiving any other jurisdiction that may correspond to them, due to their present or future addresses or any other reason.
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TWENTY-FIRST. Deadline for exercising civil liability action. In terms of Article 1742 of the State of Jalisco / Article 1145 of the State of Nayarit of the Civil Code of ______________, the statute of limitations for civil liability is ____________________.
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TWENTY-SECOND. Registration of the adhesion contract model. This model of Adhesion Contract was registered on January 22, 2024 in the Public Registry of Adhesion Contracts of PROFECO under number 416-2024 , dated January 22, 2024. Any difference between the text of the adhesion contract registered with the Attorney General’s Office and the one used to the detriment of consumers will be considered as not included. This Contract is signed in two original copies, including the Annexes.
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Once this Contract has been read by the Contracting Parties, and duly informed of its effects and legal scope, they sign it by mutual agreement in duplicate, in _____________________, on the day ________________, of the month of ________________, of the year _________.
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“THE SELLER”
____________________________________ Name: _____________________________________
“THE INTERMEDIARY” __________________________________ BARRY JOHN EWERT ___________________________________________
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“Annex A ” Legal Description / Deed / PROPERTY Specifications” / Compliance with New NOM-247-2021 / Commission shared with other Agencies |
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[Insert property characteristics, such as land size, constructed area, type of structure, facilities, accessory finishes, parking spaces, common use areas, undivided percentage if applicable, services available and general physical condition of the property, facilities for the connection of basic telecommunications services, water, drainage, electricity] Minimum information to include the property in Flex: Legal Description according to Deed (it is not essential to include all measurements and boundaries). It is recommended to include the necessary information for VALLARTA-NAYARIT MLS.
Compliance with New NOM-247-2021 The “SELLER” acknowledges that the “AGENT” must comply with the New NOM-247-2121, which dictates that all marketing must be done predominantly in Mexican Pesos and in the Spanish Language, including the Property Description. USD and English may be added, but should not predominate. As currencies fluctuate, the price in Pesos may not always be consistent with the contracted price in USD. It is understood that this is only for the act of trading the “PROPERTY” and in no way interferes with or sets a final sale price. All negotiations regarding the currency and final sale price will be negotiated and agreed upon in a legal “Offer to Purchase” contract between the two parties. The “SELLER” understands that the “AGENT” and AMPI will use the USD price, both for Listing and Sales, in order to maintain accurate statistics on sales and prices in the area. The “ SELLER ” is also aware that a “ BUYER ” will always have the right, under Mexican law, to pay for the property on the closing date in MXN Pesos, regardless of the currency in which the property is listed.
Commission shared with other Agencies . The “SELLER” is aware and agrees that the “AGENT” must and will offer a percentage of the agreed upon real estate commission (SELLING SIDE) to any third party agency that provides the “BUYER” with an Offer to Purchase acceptable to the “SELLER”. Such commission will also be paid in full at the closing of the sale.
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– Be informed about the existence of the PROFECO Public Registry to Avoid Advertising, which is free and can be registered directly on the web portal https://repep.profeco.gob.mx or by calling 8009628000. – Receive accurate, clear and up-to-date information and advertising about the consumer transaction, so that you are able to make the best decision. – Sign an adhesion contract under the model registered with the Federal Consumer Protection Agency, which contains the terms and conditions of the intermediation. After signing it, “THE INTERMEDIARY” has the obligation to deliver a copy of the signed Contract to the “SELLER”. – Have free and accessible channels and mechanisms for queries, requests, complaints and suggestions to “THE INTERMEDIARY” and know the address indicated by the latter to hear and receive notifications. – Have a Privacy Notice available to you so that you may know and, where appropriate, consent to the processing that will be given to the personal data you provide, so that your personal data is processed in accordance with applicable regulations and to know the mechanisms available to exercise your rights of access, rectification, cancellation and opposition. – Right to protection by the competent authorities and in accordance with applicable laws, including the right to file complaints and claims with them. – Right to receive equal treatment and not be discriminated against on the basis of race, beliefs or religion. – The rights provided for in this Charter do not exclude other rights derived from international treaties or conventions to which the United Mexican States is a signatory; from ordinary internal legislation; or from regulations issued by the competent administrative authorities. |
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“Annex C Privacy Notice”
Notice of Privacy
Within the terms of the Privacy Notice and in strict compliance with the FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES (hereinafter and for brevity LFPDPPP) the PROFESSIONAL is authorized to, exclusively for statistical and market analysis purposes, report to the VALLARTA NAYARIT MLS Real Estate Exchange the amount agreed upon in the final deed regarding the operation specifically addressed in this document. 1) Date of writing; 2) The value of the operation recorded in a public deed; 3) Dimensions, type and location of THE PROPERTY By signing this contract, THE CLIENT gives his/her express consent for THE PROFESSIONAL to process his/her personal data for the purposes expressed in this contract. Century 21 Riviera Realty Privacy Policy Century 21 Riviera Realty operates the website www.century21rivierarealty.com, which provides the SERVICE. This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Century 21 Riviera Realty website . If you choose to use our Service, you agree to the collection and use of information in relation to this policy. The personal information we collect is used to provide and improve the Service. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.century21rivierarealty.com, unless otherwise defined in this Privacy Policy. Our Privacy Policy was created with the help of the Privacy Policy Template. Collection and use of information For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information we collect will be used to contact or identify you. Registration data We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. Cookies Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website you visit and stored on your computer’s hard drive. Our website uses these “cookies” to collect information and improve our Service. You have the option to accept or reject these cookies and know when a cookie is being sent. cookie to your computer. If you choose to reject our cookies, you may not be able to use some portions of our Service. Service providers We may employ third party companies and individuals for the following reasons: • To facilitate our Service; • To provide the Service on our behalf; • To perform services related to the Service; or • To help us analyze how our Service is used. We want to inform users of our Service that these third parties have access to your Personal Information. This is to perform tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose. Security We value your trust in providing us your Personal Information, and we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure and reliable, and we cannot guarantee its absolute security. Links to other sites Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Please be aware that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. Children’s Privacy Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so we can take appropriate action. Changes to this Privacy Policy We may update our Privacy Policy from time to time. Therefore, we recommend that you review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page. Contact Us If you have any questions or suggestions about our Privacy Policy, please feel free to contact us at info.century21rivierarealty.com
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“Annex D – List of additional, special or related services.” |
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(This form must contain the list of additional, special or related services that “THE SELLER” may optionally request through intermediation, in accordance with the provisions of the First Clause). |
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“Annex E – Documentation and Information Required to Publish “INMUEBLE” in Flex MLS”.
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All properties registered on or after January 1, 2014 require a Digital Tax Receipt online.
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House Residence: A. Copy of the public deed of the property subject to the transaction with the registration data;
B. Copy of the property tax receipt;
C. Copy of the Owner’s official identification; and
D. If married, approval of the spouse or, failing that, a copy of the marriage certificate showing the separation of property regime.
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Plot of Land: A. Copy of the public deed of ownership of the property subject to sale with the registration data;
B. Copy of the property tax receipt;
C. Copy of the Owner’s official identification;
D. If married, approval of the spouse or, failing that, a copy of the marriage certificate showing the separation of property regime; and
E. Copy of the plan or polygon.
F. Copy of Land Use
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House under construction: A. Copy of the deeds of the land where the house is built.
B. Copy of the property tax receipt or website where the property registration code of the land is indicated.
C. Copy of the building permit or license
D. Copy of the certificate of habitability and completion of work (IF CONSTRUCTION HAS BEEN COMPLETED)
E. Disclose the legal status of the construction process.
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Condominium – State of Jalisco: A. Copy of the public deed of ownership of the property subject to sale with the registration data or
B. failing that, a copy of the condominium property regime with the registration data;
C. Copy of the property tax receipt;
D. Copy of the Owner’s official identification; and
E. If married, approval of the spouse or, failing that, a copy of the marriage certificate showing the separation of property regime.
F. Certificate issued by the condominium administration stating that the unit is up to date with its condominium obligations. This document may be delivered up to the date of granting and signing of the final public deed of transfer of rights in favor of the buyer.
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Condominium – State of Nayarit: A. Copy of the public deed of ownership of the property subject to sale with the registration data or, failing that, a copy of the condominium property regime with the registration data;
B. If you do not have the public deed of ownership of the property subject to sale, a copy of the habitability certificate issued by the corresponding municipal authority;
C. Copy of the latest property tax payment receipt;
D. Copy of the Owner’s official identification; and
E. If married, approval of the spouse or, failing that, a copy of the marriage certificate showing the separation of property regime.
F. Certificate issued by the condominium administration stating that the unit is up to date with its condominium obligations. This document may be delivered up to the date of granting and signing of the final public deed of transfer of rights in favor of the buyer.
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Likewise, THE OWNER undertakes to deliver the originals of said documents or any other related documents when requested by the Notary or THE INTERMEDIARY for the corresponding deed. |
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Original document chain
SHA-256 | 4Fevn1Cstlm5rIEqsicEd6EAgPta/laQBYtYA0kLdHk= | 1706212955 | FRANCISCO RIOS MARTINEZ
Sello digital NEZldm4xQ3N0bG01cklFcXNpY0VkNkVBZ1B0YS9sYVFCWXRZQTBrTGRIaz18MTcwNjIxMjk1NQ==
SELLERS INITIALS ____________ PROFESSIONALS INITIALS _______________