Dealer MOU

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

Recent

Passport
Size Color
Photo
AGREEMENT

This agreement is entered on this _______ Day of _______________________________

By and Between

through its duly authorized Mr. _____________________________


(hereinafter referred to as “First Party” which expression shall, unless repugnant to the
context or meaning thereof, be deemed to include its representatives, nominees,
successors and assigns) of the First Part
And

________________________________ R/o __________________________________________


(hereinafter referred to as “Second Party” which expression shall, unless repugnant to
the context or meaning thereof, be deemed to include its representatives, nominees,
successors and assigns) of the Second Part.

WHEREAS the First Party is developing a project namely

AND WHEREAS the Second Party has the expertise in selling and marketing of Real
Estate. The Second Party has requested the First Party to allow them in the capacity of
their agents, to book/sell the Residential Units (hereinafter referred as units) in
Vardhman’s Springdale.

AND WHEREAS the First Party and Second Party are now willing to enter into this
Agreement on the terms and conditions appearing hereinafter.

IT IS HEREBY AGREED AND DECLARED AS FOLLOWS: -

1. It is agreed that the Second Party shall find a buyer who shall be interested in
booking/buying Unit(s). It is agreed that the Second Party shall book the space
to any buyer but the same shall be subject to the approval of First Party.

2. It is agreed that the Second Party shall collect/fetch from the buyer, the price
whatsoever as per the prevalent payment plan at the time of the booking.

3. The Second Party will sell units within _______ Months of signing of this
agreement as per payment plan of the project namely The First
Party will pay Commission /Brokerage of ____% of Basic Sale Price to the Second
Party on each and every booking of a Unit, as per following Details:-

Basic Sale Price shall be the price arrived at by multiplying the Super Area (Sq.
Ft.) of the Unit Booked and the Opted Price Per Square Feet. The Second Party
has agreed that they will book the Unit(s) on proportionate basis on all Floors of
the project namely . The brokerage shall be paid as defined in the next
clause. The Second Party shall ensure that buyer(s) shall make payments in
favour the developer namely “

Page 1 of 3
It is agreed that in case Down Payment Plan, Commission will be released after
completing all the formalities and payments relating the booking. It is also
agreed that in case of Construction Linked Plan, Commission will be released in 4
Installments as per table below:

S. No. Brokerage in Percentage Installment No.


1. 25% Booking
2. 25% First
3. 25% Second
4. 25% Third

4. If the Second Party gives discount/commission to his customer from his


brokerage on basic sale price, then the First Party will deduct the total discount
offered to customer from the total brokerage of the Second Party and pay the
balance brokerage due in manner as defined in clause 4 above.

5. The payment of commission will be made in the manner as mentioned in the


preceding clause above after submission of the valid Invoice(s).

6. The Second Party is also liable to collect the installments from the client/buyer
till the completion of the payment as per payment plan and it is also understood
that interest @ 18% p.a. shall be borne by the client in case of any delay in the
payment of installments.

7. The First Party shall make the payments of commission/brokerage to the


Second Party after deduction of the TDS/Withholding Tax as applicable.

8. It is agreed by the parties that in case at any point of time, any cancellation of any
Unit so booked by the Second Party is done due to any reason whatsoever, then
the Second Party shall be duty bound to re-book (replace the cancelled unit with
a fresh buyer/booking at the rate prevailing at that time) the same within a
period of 15 days from the date of cancellation. It is agreed in case of re-booking,
no extra commission shall be payable. In case the Second Party fails to rebook
the unit within a period of 15 days as mentioned above, then in that event, the
Second Party shall be duty bound to pay back the amount of commission
received till the time of cancellation in respect of such unit, to the First Party
along with an interest at the rate of 18% p.a. immediately. The Second Party
shall also be liable to bear administrative, cancellation charges, and other
miscellaneous charges, whatsoever as applicable and decided by the First Party
only.

9. It is understood by the parties that only after the compliance of the preceding
para no. 9 above, the Second Party shall request the developer to refund the
amount received from buyer. In case of any such cancellation of any unit, the
developer reserves the right to forfeit the entire amount paid by the buyer till the
time of cancellation in respect of such booking.

Arbitration

Page 2 of 3
10. That any dispute in the interpretation of any clause of this Agreement shall be
referred to the sole arbitration of an Arbitrator to be appointed by the First
Party only, whose decision shall be final and binding on both the parties. All the
arbitration proceedings shall be carried out in terms of the Arbitration and
Conciliation Act, 1996 at New Delhi. The place of arbitration shall be New Delhi
only.

Jurisdiction

11. This Agreement is executed at New Delhi and Courts in New Delhi alone will
have the exclusive jurisdiction over this Agreement to the exclusion of all other
courts and Agreement shall be set to and construed in accordance with the laws
of India.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED THIS AGREEMENT AT


DELHI ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

For

Auth. Signatory __________________________


(First Party) (Second Part)

Witness:

1. Signature
Name:
PAN No.
Address

2. Signature
Name:
PAN No.
Address

Name of Marketing Manger:


Broker Contact No.

Page 3 of 3

You might also like